Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1 recites “transfer apparatus”. (A) the limitation uses the generic term “apparatus”; (B) the apparatus has a function of transferring springs; (C) the claim has structure of a transfer wheel to perform the claimed action.
Claim 1 recites “containment members”. (A) the limitation uses the generic term “members”; (B) the members have a function of containing; (C) there is no further structure claimed to perform the claimed action. The limitation will be interpreted as containment plates (or functional equivalent) in accordance with Page 5, Lines 23-25 of the specification.
Claim 4 recites “compression members”. (A) the limitation uses the generic term “members”; (B) the members have a function of compressing; (C) there is no further structure claimed to perform the claimed action. The limitation will be interpreted as a pair of plates (or functional equivalent) in accordance with Claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-7 are no longer rejected under 35 U.S.C. 112(b).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meutsch (US1348654A).
Claim 1
Meutsch teaches a transfer apparatus for transferring springs from a spring forming station into positions between plies of pocketing material to form a pocketed spring unit (Figures 1-2 show an apparatus for moving springs from an automatic apparatus (See Page 2, Lines 5-7) and placing them into pockets (Figure 9).) , the transfer apparatus being positionable in use between the spring forming station and a pocketing station (The apparatus of Meutsch is configured to perform the intended use.), and comprising a transfer wheel (3) arranged to rotate about a rotation axis (Figure 2)and having a plurality of spokes (Figure 5 shows pockets (5) formed between the spokes of the wheel (3).)extending substantially radially in a spoke plane (Figure 5), wherein the transfer wheel is flanked by axially spaced spring containment members extending either side of the spoke plane (Figure 5 shows walls on either side of the pocket (4). The walls of the wheel are analogous containment members.), and wherein the transfer wheel comprises one or more spring receiving portions formed between adjacent spokes (pockets, 4), so that the springs are received between the spokes and not on the spokes (Figure 5), the spring receiving portions being arranged to travel in an arcuate path (The rotation of the wheel (3) moves the springs in an arcuate path.) between the axially spaced spring containment members (Figure 3) from the spring forming station to a location where the springs may be inserted into positions between the plies of pocketing material (Figure 5, Item 60), wherein the axially spaced spring containment members are arranged to extend substantially parallel to the spoke plane and either side thereof (Figure 5), wherein the apparatus further comprises a compression portion (Figure 3, Item 31,38, and sidewall of Item 56 work together to press the spring and compress it to fit down the slot (56). See Page 2 Lines 71-75.) arranged to compress the springs axially as the wheel rotates (The compression action of the plunger (31) occurs while the wheel rotates.), and wherein the compression portion comprises a pair of spaced compression members (Figure 3 teaches the compression portion includes a head (38) and the opposite wall of the pocket (56) that are interpreted as spaced compression members.) between which the springs are arranged to pass as the wheel rotates. (The springs are compressed by the plunger head (38) against the wall of the slot (56) then pass between the two members when pushed by the ejecting slide (36).)
Claim 5
Meutsch teaches the apparatus according to Claim 1, wherein the compression members are arranged to converge in the direction of movement of the springs and comprise a pair of plates. (Figure 3 shows the spring in a position prior to being compressed by the head (38) against the sidewall of the slot (56). The direction of movement of the spring in this action is horizontally in Figure 3. The head (38) converges towards the sidewall of the slot (56) in said direction of movement.)
Claims 1 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lan (CN201288056Y).
Claim 1
Lan teaches a transfer apparatus (Figure 1) for transferring springs from a spring forming station (1) into positions between plies of pocketing material (11) to form a pocketed spring unit () , the transfer apparatus being positionable in use between the spring forming station and a pocketing station (2, 13, 14, 15), and comprising a transfer wheel (4) arranged to rotate about a rotation axis (31)and having a plurality of spokes (Figure 2, In between the openings in the wheel for the springs is solid spoke areas.)extending substantially radially in a spoke plane (Figure 2), wherein the transfer wheel is flanked by axially spaced spring containment members extending either side of the spoke plane (Figure 1 shows a frame extending around the wheel. The frame has an upper portion and a lower portion that flanks the wheel. The springs are contained within the outer bounds of said frame.), and wherein the transfer wheel comprises one or more spring receiving portions formed between adjacent spokes (Figure 2-3 shows pockets (41) in the wheel in between the spokes.) so that the springs are received between the spokes and not on the spokes (Figure 2), the spring receiving portions being arranged to travel in an arcuate path (The rotation of the wheel (3) moves the spring pockets (41) in an arcuate path.) between the axially spaced spring containment members (Figure 1) from the spring forming station (1) to a location where the springs may be inserted into positions between the plies of pocketing material (2), wherein the axially spaced spring containment members are arranged to extend substantially parallel to the spoke plane and either side thereof (Figure 1), wherein the apparatus further comprises a compression portion (Figures 2-3, Item 5 and the opposing plate) arranged to compress the springs axially as the wheel rotates (Lines 70-71 of the machine translation), and wherein the compression portion comprises a pair of spaced compression members (Item 5 and the opposing plate.) between which the springs are arranged to pass as the wheel rotates. (The insertion of the springs into the slots/pockets and the ejection of the springs (using items 7, 71 and 72 “ejecting mechanism” is a movement of the springs passing between the two plates of the compression system.)
Claim 5
Lan teaches the apparatus according to Claim 1, wherein the compression members are arranged to converge in the direction of movement of the springs and comprise a pair of plates. (Figures 2 and 3 show a compression mechanism (5) that moves in a direction of movement to compress the springs. The plate (5) converges towards the oppositely oriented plate to create the compression of the spring.)
Claim 6
Lan teaches the apparatus according to Claim 1, wherein the apparatus further comprises a pusher arranged to push the springs from between the spokes portions. (Ejecting mechanism, 7)
Claim 7
Lan teaches the apparatus according to Claim 6, wherein the pusher is arranged to push the spring into a position between the plies of pocketing material after it has been compressed. (Figure 1 shows the ejecting mechanism (7) oriented below the pocket (41) and under the packing groove (2) where the plies of material (11) is located and the spring is ejected to.)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Whitworth is no longer relied upon in this rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Notice of References Cited form.
US2434209A – Figure 1 teaches a transfer wheel used in a pocketed spring manufacturing system.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726