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 .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 11/04/2024.
Claims 1-10 are pending, where claims 1 and 10 are independent.
This application claims the priority benefit of the international application no. PCT/JP2022/020030 filed on 05/12/2022 incorporated herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/04/2024 has been filed on the filing date of the application. The submission is in-compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Multiple filed related applications
Applicants have filed multiple related applications. To date, some of the related applications applications are stand pending, yet to be examined. There are plurality of co-pending related Applications. and double patenting is proper. See MPEP 804 and 1490 (VI) D:
Nonstatutory Double Patenting
37 CFR 1.78(b) provides that when two or more applications filed by the same applicant contain conflicting claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the conflicting claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.]
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. See MPEP § 804 and 1490 (VI) D.
Claims 1 and 10 are provisionally rejected on the ground of double patenting over claims 1 and 12 of copending U.S. Patent application No. 18/862,346 (USPGPub. No. 2025/0284263A1). This is a provisional double patenting rejection because the patentably indistinct claims have not in fact been patented.
The subject matter claimed in the instant application and copending application are claiming common/similar subject matter, as follows:
Instant Application No. 18/862,641
US Application 18/862,346 (USPGPub. No. 2025/0284263A1
Title
CONTROL DEVICE, MACHINE TOOL, AND CONTROL METHOD
CONTROL DEVICE, MACHINE TOOL, AND CONTROL METHOD
Claim 1. A control device for a machine tool comprising a mist collector configured to collect mist in a machining area, the machine tool being configured to machine a workpiece within the machining area, the control device comprising:
an acquisition unit configured to acquire a type of a tool used for performing machining on the workpiece;
a determination unit configured to determine whether to permit or prohibit an operation of the mist collector based on the type of the tool; and
a collector control unit configured to turn ON the operation of the mist collector in a case that a determination has been made to permit the operation of the mist collector, and turn OFF the operation of the mist collector in a case that a determination has been made to prohibit the operation of the mist collector.
1. A control device for a machine tool comprising a table supporting a workpiece to be machined by a tool in a machining area, a spindle to which the tool is mounted and which rotates and moves relative to the table, and a mist collector configured to collect mist in the machining area, the control device comprising:
an acquisition unit configured to acquire at least one type of information from among a machining load applied to the tool by performing machining on the workpiece,
a relative movement speed of the spindle with respect to the table, and a rotational speed of the spindle;
a start determination unit configured to determine whether or not to start the mist collector based on the at least one type of information acquired by the acquisition unit; and
a collector control unit configured to automatically control the mist collector based on a determination content of the start determination unit.
Claims 2-10 are also provisionally obvious to the claims 1-12 of the U.S. Patent co-pending Application No. 18/862,346 (USPGPub. No. 2025/0284263A1).
Although the conflicting claims are not identical, they are not patentably distinct from each other (as shown in the table for comparison) because they are substantially or inherently similar to the limitations of the patent applications (as for example the limitation “an acquisition unit configured to acquire a type of a tool used for performing machining on the workpiece” of the application is equivalent to the limitation “yyy” of the co-pending application) in scope and they use the similar limitations and produce the similar/same end result of controlling operation of mist collector.
It would be therefore obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made that to modify or to omit the additional elements of claims 1 and 12 of the co-pending application to arrive at the claims 1 and 10 of the instant application, would perform the same/similar functions as before.
This is a provisional obviousness-type nonstatutory double patenting rejection because the patentably indistinct claims have not yet been patented. See MPEP 804 and 1490 (VI) D:
Specification objections (Title)
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: CONTROL DEVICE, MACHINE TOOL, AND CONTROL METHOD FOR COLLECTING GENERATED MIST IN MACHINING AREA. MPEP 606.01
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 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.
Claims 1-10 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Yamamoto, et al. USPGPub No. 20240269791 A1 in view of Nakanishi, USPGPub No. 20180074480 A1.
As to claim 1, Yamamoto discloses A control device for a machine tool comprising a mist collector configured to collect mist in a machining area, the machine tool being configured to machine a workpiece within the machining area (Yamamoto [abstract] “machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected - sensor provided - to detect the substance; and a mist collector control unit - collecting the substance when the substance detected by the sensor” see Fig. 1-16), the control device comprising:
[an acquisition unit configured to acquire a type of a tool used for performing machining on the workpiece;]
a determination unit configured to determine whether to permit or prohibit an operation of the mist collector based on the type of the tool; (Yamamoto [abstract] “machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected - sensor provided - to detect the substance; and a mist collector control unit - collecting the substance when the substance detected by the sensor” see Fig. 1-16, control unit as determination unit for operation to collect mist) and
a collector control unit configured to turn ON the operation of the mist collector in a case that a determination has been made to permit the operation of the mist collector, and turn OFF the operation of the mist collector in a case that a determination has been made to prohibit the operation of the mist collector (Yamamoto [abstract] “machine tool includes: a cover body defining a processing area inside the machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected from the ejection part into the processing area; a sensor provided outside the processing area and configured to detect the substance; and a mist collector control unit configured to cause the mist collector to start collection processing for collecting the substance when the substance detected by the sensor” see Fig. 1-16, control unit start mist collection processing for operation to collect mist obviously includes on/off to cause start/stop as needed).
However, Nakanishi discloses an acquisition unit configured to acquire a type of a tool used for performing machining on the workpiece (Nakanishi [0039-81] “monitors the state of oil mist floating - recognizes the state of oil mist in the machining room 14, and the state of the machine tools - plurality of oil mist concentration measuring apparatuses 18 provided - data processing apparatus 26 performs information communication - oil mist concentration acquisition unit 34 automatically obtain measurement data Dm” [0002-29] “managing a state of oil mist generated in a factory - plurality of machine tools - and various types of machining performed by each of the machine tools - recognize and manage the state of oil mist concentration in the entire machining room, and suitably operate the machine tools - acquisition unit to acquire concentration of oil mist measured in a factory in which a plurality of machines - determination unit to determine whether or not the concentration of the oil mist is larger than a threshold value – if, concentration of the oil mist larger than the threshold value, issue a command to change operation content of at least one of the plurality of machines - based on the concentration of the oil mist acquired by the concentration acquisition unit” see Fig. 1-7, acquisition unit automatically obtains measurement data recognizes state of the machine tools and state of oil mist obviously provides acquisition unit to acquire a type of a tool machining on workpiece).
Yamamoto and Nakanishi are analogous arts from the same field of endeavor and contain overlapping structural and functional similarities and both contain machine tools and mist removal.
Therefore, at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above functionalities acquisition unit to acquire a type of a tool used for performing machining on the workpiece, as taught by Yamamoto, and incorporating acquisition unit automatically obtain measurement data recognizes state of the machine tools and state of oil mist, as taught by Nakanishi.
As to the independent claim 10, the claim recites similar limitations as the independent claim 1 and rejected using same rational as stated above.
As to claim 2, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The control device according to claim 1, wherein the collector control unit uses a determination table in which type information indicating the type of the tool and state information indicating whether to permit or prohibit the operation of the mist collector are associated with each other (Nakanishi [0039-81] “monitors the state of oil mist floating - recognizes the state of oil mist in the machining room 14, and the state of the machine tools - plurality of oil mist concentration measuring apparatuses 18 provided - data processing apparatus 26 performs information communication - oil mist concentration acquisition unit 34 automatically obtain measurement data Dm” [0002-29] “managing a state of oil mist generated in a factory - plurality of machine tools - and various types of machining performed by each of the machine tools - recognize and manage the state of oil mist concentration in the entire machining room, and suitably operate the machine tools - acquisition unit to acquire concentration of oil mist measured in a factory in which a plurality of machines - determination unit to determine whether or not the concentration of the oil mist is larger than a threshold value – if, concentration of the oil mist larger than the threshold value, issue a command to change operation content of at least one of the plurality of machines - based on the concentration of the oil mist acquired by the concentration acquisition unit” see Fig. 1-7, plurality of machine tools and various types of machining performed by each of the machine tools; recognize and manage state of oil mist concentration and suitably operate the machine tools, acquisition unit to acquire concentration of oil mist measured and determination unit to determine whether or not the concentration of the oil mist is larger than a threshold value; if, concentration of the oil mist larger than the threshold value, issue a command to change operation content of at least one of the plurality of machines based on the concentration of the oil mist acquired by the concentration acquisition unit obviously provides collector control unit uses a determination table in which type information indicating the type of the tool and state information indicating whether to permit or prohibit the operation of the mist collector are associated with each other).
As to claim 3, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The control device according to claim 1, wherein the collector control unit turns OFF the operation of the mist collector in a case that the type of the tool used for precision machining has been acquired (Yamamoto [abstract] “machine tool includes: a cover body defining a processing area inside the machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected from the ejection part into the processing area; a sensor provided outside the processing area and configured to detect the substance; and a mist collector control unit configured to cause the mist collector to start collection processing for collecting the substance when the substance detected by the sensor” see Fig. 1-16, control unit start mist collection processing for operation to collect mist obviously includes on/off to cause start/stop as needed).
As to claim 4, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The control device according to claim 1, wherein the acquisition unit starts to acquire the type of the tool that is mounted in a case that mounting of the tool is detected (Nakanishi [0039-81] “monitors the state of oil mist floating - recognizes the state of oil mist in the machining room 14, and the state of the machine tools - plurality of oil mist concentration measuring apparatuses 18 provided - data processing apparatus 26 performs information communication - oil mist concentration acquisition unit 34 automatically obtain measurement data Dm” [0002-29] “managing a state of oil mist generated in a factory - plurality of machine tools - and various types of machining performed by each of the machine tools - recognize and manage the state of oil mist concentration in the entire machining room, and suitably operate the machine tools - acquisition unit to acquire concentration of oil mist measured in a factory in which a plurality of machines - determination unit to determine whether or not the concentration of the oil mist is larger than a threshold value – if, concentration of the oil mist larger than the threshold value, issue a command to change operation content of at least one of the plurality of machines - based on the concentration of the oil mist acquired by the concentration acquisition unit” see Fig. 1-7, plurality of machine tools, acquisition unit recognizes state of the machine tools obtains measurement data recognizes state of oil mist obviously provides acquisition unit starts to acquire the type of the tool that is mounted in a case that mounting of the tool is detected).
As to claim 5, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The control device according to claim 1, wherein the collector control unit determines whether to permit or prohibit the operation of the mist collector before the machining of the workpiece is started (Yamamoto [abstract] “machine tool includes: a cover body defining a processing area inside the machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected from the ejection part into the processing area; a sensor provided outside the processing area and configured to detect the substance; and a mist collector control unit configured to cause the mist collector to start collection processing for collecting the substance when the substance detected by the sensor” see Fig. 1-16, control unit start mist collection processing for operation to collect mist obviously includes on/off to cause start/stop provides permit or prohibit the operation of the mist collector before the machining of the workpiece is started).
As to claim 6, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The control device according to claim 1, wherein in the case that the determination has been made to permit the operation of the mist collector, the collector control unit stops driving the mist collector after a predetermined time period has elapsed from completion of the machining on the workpiece (Yamamoto [abstract] “machine tool includes: a cover body defining a processing area inside the machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected from the ejection part into the processing area; a sensor provided outside the processing area and configured to detect the substance; and a mist collector control unit configured to cause the mist collector to start collection processing for collecting the substance when the substance detected by the sensor” see Fig. 1-16, control unit start mist collection processing for operation to collect mist obviously includes on/off to cause start/stop provides permit the operation of the mist collector, the collector control unit stops driving the mist collector after a predetermined time period has elapsed from completion of the machining on the workpiece).
As to claim 7, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The control device according to claim 1, further comprising an alarm output unit configured to output an alarm in a case that an abnormality has occurred in the machine tool, wherein, in a case that the alarm is output while the operation of the mist collector is ON, the collector control unit stops the operation of the mist collector (Nakanishi [0039-81] “monitors the state of oil mist floating - recognizes the state of oil mist - plurality of oil mist concentration measuring apparatuses 18 provided - data processing apparatus 26 performs information communication - allowing a user to interact with the data processing apparatus 26 - include a monitor and/or a speaker, and a notification light provided in each of the areas - notification processing unit 64 outputs output information to the output device 28 for switching the machining area for the workpiece from the area where the high concentration determination made -recognize the switching of the areas - after notification - where the oil mist concentration exceeded the threshold Th - operation of the machine tool 16 should be stopped after finishing machining of the workpiece - oil mist management system 10A notifies the user of the machine tool 16 for which operation content changed - decreasing of the machining speed, or operation stop, etc. by the output device 28 - user can recognize the management in operation of the machine tool 16 in the factory 12 suitably” [0002-29] “determination unit to determine whether or not the concentration of the oil mist is larger than a threshold value – if, concentration of the oil mist larger than the threshold value, issue a command to change operation content of at least one of the plurality of machines - based on the concentration of the oil mist” see Fig. 1-7, notification processing unit (alarm output unit) outputs information to output device switching machining area where high concentration determination made, issue a command notification where mist concentration exceeded threshold, for operation of the machine tool should be stopped, notifies user of the machine tool for which operation content changed as decreasing of the machining speed, or operation stop, etc. by output device to user to notification (alarm or alert) obviously provides an alarm output unit configured to output an alarm in a case that an abnormality has occurred in the machine tool, wherein, in a case that the alarm is output while the operation of the mist collector is ON, the collector control unit stops the operation of the mist collector).
As to claim 8, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses A machine tool comprising the control device according to claim 1 (Yamamoto [abstract] “machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected - sensor provided - to detect the substance; and a mist collector control unit - collecting the substance when the substance detected by the sensor” see Fig. 1-16).
As to claim 9, the combination of Yamamoto and Nakanishi disclose all the limitations of the base claims as outlined above.
The combination further discloses The machine tool according to claim 8, further comprising a sub-control device configured to control the mist collector instead of the collector control unit in a case that the control device is stopped (Yamamoto [abstract] “machine tool includes: a cover body defining a processing area inside the machine tool; an ejection part configured to eject a coolant into the processing area; a mist collector configured to collect a substance included in air as a result of the coolant being ejected from the ejection part into the processing area; a sensor provided outside the processing area and configured to detect the substance; and a mist collector control unit configured to cause the mist collector to start collection processing for collecting the substance when the substance detected by the sensor” see Fig. 1-16, mist collector control unit start mist collection processing for operation to collect mist obviously includes on/off to cause start/stop provides mist collector instead of the collector control unit in a case that the control device is stopped).
Citation of Pertinent Prior Art
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Masakawa, USPGPub No. 2017/0129065 A1 discloses a mist removal system to reduce mist concentration in a machine tool and mist concentration in a factory in which the machine tool is installed.
Manning, USP 5,730,037 discloses a controller and control system for a multi-spindle machine that enables higher production rates and avoids down time.
Comella, et al. USPGPub No. 20200070063 A1 discloses a machine tool to extract mist generated during operations of computer numerical control of machine tools.
Makiyama, et al. USPGPub No. 2012/0080098 A1 discloses a cutting liquid supply device in a machine tool to remove gas mixed in a cutting liquid supply to improve discharging mist cutting liquid.
Fujii, USPGPub No. 2016/0361788 A1 discloses a machine tool controller system for tool replacing control carried out when oil mist for internal oil supply and coolant through both used in cutting process.
Zhao, et al. USPGPub No. 20200230767 A1 discloses a method of lubrication and an external cooling MQL manipulator and a machine tool and a lubrication and an oil mist generator connected to nozzle for ejecting oil mists.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Md Azad/
Primary Examiner, Art Unit 2119
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