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
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 17: “a control unit configure to product…close” (no corresponding structure)
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 5, 14-15 and 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 5, 14 and 15, the phrases "in particular" and “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 17, claim limitation “control unit configured to produce…close” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Evobend (DE 202020002598).
With regards to claim 1, Evobend discloses a method for producing a seam on a workpiece made of flat material using a bending machine, the bending machine comprising:
a first clamping jaw (22);
a second clamping jaw (24) that is mounted movably relative to the first clamping jaw and configured to clamp, together with the first clamping jaw, the workpiece; and
a bending unit (26) that is arranged on one of the clamping jaws and has a bending tool (30, 31), the bending unit being configured to bend a portion of the workpiece by moving the bending tool relative to the associated clamping jaw,
the method comprising:
producing a pre-seam on the workpiece, comprising forming a first fold, as seen in at least Figures 7-10; and
closing the pre-seam to form the seam by closing the first fold with the bending unit in a state in which the other of the clamping jaws is spaced from the seam, as seen in at least Figures 13-14.
With regards to claim 2, Evobend discloses wherein the step of closing the pre-seam is performed in a state in which the first clamping jaw or the second clamping jaw is spaced from the workpiece as seen in at least Figures 7-10.
With regards to claim 3, Evobend discloses wherein the step of closing the pre-seam is performed in a state in which the workpiece rests on the first or second clamping jaw as seen in at least Figures 7-10.
With regards to claim 4, Evobend discloses wherein the step of closing the pre-seam is performed in a state in which the workpiece is not clamped between the clamping jaws as seen in at least Figures 7-10.
With regards to claim 5, Evobend discloses wherein, in the step of producing the pre-seam, the first fold is formed by the bending machine, as seen in at least Figures 7-10.
With regards to claim 6, Evobend discloses wherein, in the step of closing the pre-seam, the first fold is closed by retracting the bending tool relative to the first clamping jaw or the second clamping jaw, as seen in at least Figures 7-10.
With regards to claim 7, Evobend discloses wherein, in the step of closing the pre-seam, the first fold is closed by extending the bending tool relative to the first clamping jaw or the second clamping jaw, as seen in at least Figures 7-10.
With regards to claim 8, Evobend discloses wherein the step of closing the pre-seam comprises closing the first fold completely to form a U bend, as seen in at least Figures 7-10,
With regards to claim 9, Evobend discloses further comprising, after the step of producing the pre-seam, moving the first clamping jaw or the second clamping jaw away from the workpiece, as seen in at least Figures 7-10.
With regards to claim 10, Evobend discloses wherein producing a pre-seam on the workpiece comprises forming a plurality of folds, as seen in at least Figures 7-10.
With regards to claim 11, Evobend discloses wherein the bending tool comprises a hook-shaped bending portion (30, 31) having an inner surface and an outer surface, and wherein the step of closing the pre-seam is performed by moving the inner surface of the hook-shaped bending portion toward the first or second clamping jaw, as seen in at least Figures 10-14.
With regards to claim 12, Evobend discloses wherein the bending machine comprises a further bending unit that is arranged on the other of the clamping jaws and has a further bending tool, the further bending unit being configured to bend a portion of the workpiece by moving the further bending tool relative to the associated clamping jaw and to form a fold, wherein, in the step of producing the pre-seam, one of the plurality of folds is formed by bending with the further bending tool, as seen in at least Figures 7-10.
With regards to claim 13, Evobend discloses wherein producing the pre-seam further comprises forming a second fold as a standing seam, the second fold being different from the first fold, as seen in at least Figures 7-10.
With regards to claim 14, Evobend discloses wherein producing the pre-seam further comprises forming a third fold as a U bend, the third fold being different from the first fold , as seen in at least Figures 7-10.
With regards to claim 15, Evobend discloses further comprising producing a standing seam (U-bend) by bending a portion of the workpiece about a second fold which is different from the first fold, wherein, when producing the pre-seam, the standing seam is bent about the first fold relative to a clamped portion of the workpiece, and wherein, when closing the pre-seam, the standing seam projects from the associated clamping jaw toward the spaced clamping jaws, as seen in at least Figures 7-10.
With regards to claim 16, Evobend discloses wherein the seam comprises a closed seam, wherein the flat material comprises sheet metal, and wherein the bending machine comprises a long folding machine [Abstract].
With regards to claim 17, Evobend discloses bending machine for producing a seam on a workpiece made of flat material, comprising:
a first clamping jaw (22);
a second clamping jaw (24) that is mounted movably relative to the first clamping jaw and configured to clamp, together with the first clamping jaw, the workpiece;
a bending unit (26) that is arranged on one of the clamping jaws and has a bending tool (30, 31), the bending unit being configured to bend a portion of the workpiece by moving the bending tool relative to the associated clamping jaw to form a fold; and
a control unit (82) configured to: produce a pre-seam on the workpiece comprising a first fold; and close the pre-seam to form the seam by closing the first fold with the bending unit in a state in which the other of the clamping jaws is spaced from the seam.
With regards to claim 18, Evobend discloses wherein the bending tool comprises a hook-shaped bending portion (30, 31) having an inner surface and an outer surface, as seen in at least Figure 10.
With regards to claim 19, Evobend discloses further comprising a further bending unit that is arranged on the other of the clamping jaws and has a further bending tool, the further bending unit being configured to bend a portion of the workpiece by moving the further bending tool relative to the associated clamping jaw to form a fold, as seen in at least Figures 7-10.
With regards to claim 20, Evobend discloses wherein the seam comprises a closed seam, wherein the flat material comprises sheet metal, and wherein the bending machine comprises a long folding machine [Abstract].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further show the state of the art: US Patent 9,314,829.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at 571-270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725
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