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 Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7 and 9-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teichman (US 2005/0058768 A1) in view of Castro(US6395326 B1).
Regarding claim 1, Teichman discloses a coating material application system comprising:
a support base (14) configured to support a coil spring (the stent rotation mechanism 14 is considered to also be able to support a coil spring), the support base being rotatable about a specific axis following a center axis of the coil spring (the stent rotation mechanism (14));
a sensor (18) configured to measure a position of a strand of the coil spring [0025];
a first movement [0028] device configured to support the sensor and move the sensor; an application device configured to apply a coating material to the coil spring;
a second movement device ([0028 discloses detector can be mounted with the exterior surface applicator or be separately mounted and positioned], further MPEP 2144.04 VI states In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) The court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced configured to support the application device and move the application device); Further, analogous art, ‘554, discloses
and a control device [0028-0030] configured to control operations of the support base, the sensor, the first movement device, the application device and the second movement device, the control device including:
a support base control unit configured to rotate the support base about the specific axis [0028-0030];
a sensor control unit configured to operate the sensor and acquire a measurement value of the sensor [0028-0030];
a first movement control unit configured to operate the first movement device and move the sensor [0028-0030];
a position-of-application calculation unit configured to calculate, based on a measurement value of the sensor, a position of application of the coating material to the coil spring [0028-0030].
a second movement control unit configured to operate the second movement device and move the application device to a position where the application device is caused to apply the coating material to the position of application [0028];
and an application device control unit configured to operate the application device and cause the application device to apply the coating material to the position of application ([0028-0030]). Further, analogous art, Castro, discloses holder motion control system maneuvering x, y, and z directions as well as providing rotational motion (column 8 lines 35-53) and using feedback via CPU feedback to direct the holder motion control system (column 11, lines 3-15).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a holder motion control system maneuvering x, y, and z directions as well as providing rotational motion since "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Regarding claims 2-3, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 4, Castro discloses wherein the position-of-application calculation unit is configured to calculate, based on a measurement value of the sensor, a first set of position coordinates that is to be the position of application when rotation is made by the specific angle about the specific axis, and then calculate, as the position of application, a second set of position coordinates that is a result of rotation of the first set of position coordinates by the specific angle about the specific axis (column 9 lines 47-67, column 10 lines 13-15, column 10 lines 28-40).
Regarding claim 5, Castro discloses wherein the application device control unit is configured to cause the application device to apply the coating material to the position of application at an application timing at which the support base is rotated by the specific angle about the specific axis from a timing of measurement of the position of the strand of the coil spring by the sensor ( column 10 lines 54-column 11 lines 1-6).
Regarding claim 6, Teichman and Castro disclose wherein the first movement device is a movement device configured to move the sensor only along the specific axis, and the second movement device is a movement device configured to move the application device only along the specific axis and an axis orthogonal to the specific axis (Teichman [0029]; Castro (column 9 lines 55-66)). Further, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 7, wherein the position of application is a position where portions of the strand come into contact with each other when the coil spring is compressed, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 9, Castro discloses further comprising: a surface treatment device configured to perform surface treatment of the coil spring (heat conduit 54);
third movement device configured to support the surface treatment device and move the surface treatment device (column 11 lines 49-53, column 11 lines 63-67),
wherein the control device further includes: a position-of-surface-treatment calculation unit configured to calculate, based on a measurement value of the sensor, a position of surface treatment that is located at an earlier stage in a rotation direction of the coil spring about the specific axis than the position of application and where surface treatment is performed on the coil spring axis (column 9 lines 47-67, column 10 lines 13-15, column 10 lines 28-40);
a third movement control unit configured to operate the third movement device and move the surface treatment device to a position where the surface treatment device is caused to perform surface treatment of the position of surface treatment; and a surface treatment device control unit configured to operate the surface treatment device and cause the surface treatment device to perform surface treatment of the position of surface treatment before applying the coating material to the position of application (column 12 lines 1-18).
Regarding claim 10, Teichman discloses control device comprising: a support base control unit [0028-0030] configured to rotate a support base about a specific axis following a center axis of a coil spring (14), the support base being configured to support the coil spring (the stent rotation mechanism 14 is considered to also be able to support a coil spring);
a sensor control unit [0028-0030] configured to operate a sensor and acquire a measurement value of the sensor,
the sensor being configured to measure a position of a strand of the coil spring [0025];
a first movement control unit configured to operate a first movement device and move the sensor, the first movement device being configured to support the sensor and move the sensor [0028];
a position-of-application calculation unit configured to calculate, based on a measurement value of the sensor, a position of application of a coating material to the coil spring [0028-0030];
a second movement control unit configured to operate a second movement device and move an application device to a position where the application device is caused to apply the coating material to the position of application [0028],
the second movement device being configured to support the application device and move the application device, the application device being configured to apply the coating material to the coil spring; and an application device control unit configured to operate the application device and cause the application device to apply the coating material to the position of application ([0028-0030]).
Further, analogous art, Castro, discloses application device control system maneuvering x, y, and z directions as well as providing rotational motion (column 8 lines 35-53) and using feedback via CPU feedback to direct the application device control system (column 11, lines 3-15).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a application device control system maneuvering x, y, and z directions as well as providing rotational motion since "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Regarding claim 11,Teichmann discloses a position-of-surface-treatment calculation unit configured to calculate, based on a measurement value of the sensor, a position of surface treatment that is located at an earlier stage in a rotation direction of the coil spring about the specific axis than the position of application and where surface treatment is performed on the coil spring [0029];
Castro further discloses third movement control unit configured to operate a third movement device and move a surface treatment device to a position where the surface treatment device is caused to perform surface treatment of the position of surface treatment (column 11 lines 49-53, column 11 lines 63-67),
the third movement device being configured to support the surface treatment device and move the surface treatment device, the surface treatment device being configured to perform surface treatment of the coil spring (column 11 lines 49-53, column 11 lines 63-67), and a surface treatment device control unit configured to operate the surface treatment device and cause the surface treatment device to perform surface treatment of the position of surface treatment before applying the coating material to the position of application (column 12 lines 1-18).
Regarding claim 12, Teichman discloses control method executed by a control device of a coating material application system, the control method [0029] comprising:
a support base (14) control step of rotating a support base about a specific axis following a center axis of a coil spring (the stent rotation mechanism 14 is considered to also be able to support a coil spring),
the support base being configured to support the coil spring (the stent rotation mechanism (14));
a sensor (18) control step of operating a sensor and acquiring a measurement value of the sensor, the sensor being configured to measure a position of a strand of the coil spring [0025];
a first movement control step of operating a first movement device and moving the sensor [0028-0030], the first movement device being configured to support the sensor and move the sensor [0028-0030];
a position-of-application calculation step of calculating, based on a measurement value of the sensor, a position of application of a coating material to the coil spring [0028-0030];
a second movement control step of operating a second movement device and moving an application device to a position where the application device is caused to apply the coating material to the position of application [0028],
the second movement device being configured to support the application device and move the application device, the application device being configured to apply the coating material to the coil spring; and an application device control step of operating the application device and causing the application device to apply the coating material to the position of application.
Further, analogous art, Castro, discloses application device control system maneuvering x, y, and z directions as well as providing rotational motion (column 8 lines 35-53) and using feedback via CPU feedback to direct the application device control system (column 11, lines 3-15).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a application device control system maneuvering x, y, and z directions as well as providing rotational motion since "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Regarding claim 13, Teichmann discloses a position-of-surface-treatment calculation step of calculating, based on a measurement value of the sensor, a position of surface treatment that is located at an earlier stage in a rotation direction of the coil spring about the specific axis than the position of application and where surface treatment is performed on the coil spring [0029];
Castro further discloses a third movement control step of operating a third movement device and moving a surface treatment device to a position where the surface treatment device is caused to perform surface treatment of the position of surface treatment, the third movement device being configured to support the surface treatment device and move the surface treatment device, the surface treatment device being configured to perform surface treatment of the coil spring (column 9 lines 47-67, column 10 lines 13-15, column 10 lines 28-40); and a surface treatment device control step of operating the surface treatment device and causing the surface treatment device to perform surface treatment of the position of surface treatment before applying the coating material to the position of application (column 12 lines 1-18).
Regarding claim 14, Teichman discloses a non-transitory computer-readable recording medium on which a control program is recorded, the program for causing a processor of a computer to execute [0029]:
a support base (14) control step of rotating a support base about a specific axis following a center axis of a coil spring, the support base being configured to support the coil spring (the stent rotation mechanism 14 is considered to also be able to support a coil length); a sensor (18) control step of operating a sensor and acquiring a measurement value of the sensor, the sensor being configured to measure a position of a strand of the coil spring [0025];
a first movement control step of operating a first movement device and moving the sensor [0028-0029],
the first movement device being configured to support the sensor and move the sensor; a position-of-application calculation step of calculating, based on a measurement value of the sensor, a position of application of a coating material to the coil spring [0028-0030];
a second movement control step of operating a second movement device and moving an application device to a position where the application device is caused to apply the coating material to the position of application, the second movement device being configured to support the application device and move the application device, the application device being configured to apply the coating material to the coil spring [0029];
and an application device control step of operating the application device and causing the application device to apply the coating material to the position of application [0028-0030].
Further, analogous art, Castro, discloses control system maneuvering x, y, and z directions as well as providing rotational motion (column 8 lines 35-53) and using feedback via CPU feedback to direct the movement system and coat the coil spring (column 11, lines 3-15). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a motion control system maneuvering x, y, and z directions that provides rotational motion since "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Regarding claim 15, Teichmann discloses wherein the program causes the processor of the computer to further execute [0029] a position-of-surface-treatment calculation step of calculating, based on a measurement value of the sensor, a position of surface treatment that is located at an earlier stage in a rotation direction of the coil spring about the specific axis than the position of application and where surface treatment is performed on the coil spring [0029];
Castro further discloses a third movement control step of operating a third movement device and moving a surface treatment device to a position where the surface treatment device is caused to perform surface treatment of the position of surface treatment, the third movement device being configured to support the surface treatment device and move the surface treatment device, the surface treatment device being configured to perform surface treatment of the coil spring (column 9 lines 47-67, column 10 lines 13-15, column 10 lines 28-40); and a surface treatment device control step of operating the surface treatment device and causing the surface treatment device to perform surface treatment of the position of surface treatment before applying the coating material to the position of application (column 12 lines 1-18).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teichman (US 2005/0058768 A1) in view of Castro(US6395326 B1) as applied to claim 1 and further in view of JP6655554B2, herein referred to as ‘554.
Regarding claim 8, Teichman does not explicitly disclose wherein the sensor is configured to emit linear laser light, receive the laser light reflected from the strand of the coil spring, and measure a profile of a part of the strand that has reflected the linear laser light. However, analogous art, ‘554, discloses using linear laser lights to measure a distance (pg. 4 paragraph 4, pg. 6 paragraph 4-6). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention o have incorporated a sensor configured to emit laser light since it provides accurate measurement (pg.3 paragraph 3rd to last paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARAH N TAUFIQ whose telephone number is (571)272-6765. The examiner can normally be reached Monday-Friday: 8:00 am-4:30 pm.
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/FARAH TAUFIQ/ Primary Examiner, Art Unit 1754
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