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 .
Drawing Objection
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Two figures to depict two claimed features are needed. Claim 1 where the arrangement between the ratchet where the stroke curve protrusion (Fig. 2: 211) is not depicted in an engaged arrangement as claimed. Claim 16 where the determining of the stroke curve protrusion (Fig. 2: 211) is calculated through rotational angles and distances of the connecting rod which can be rendered for clarity by indicating the angles and distances on the claimed elements. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-16 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites the limitation “the rotating plate is provided with a stroke curve protrusion” where the structural requirement of “a stroke curve” is unclear as the drawing Figure 2 is a protruding curve radially place on a rotating plate [0035].
Claim 14 recites the preamble “A method for determining a curve of a stroke curve protrusion in the clamping device according to claim 1” which is unclear as claim 1 does not recite a determination of a stroke curve protrusion. It seems the determination is a method of making a stroke curve protrusion since the curve is a fixed value for the product of claim 1.
Claim 16 recites the limitation “determining a curve of a stroke curve protrusion according to the rotation angle required to rotate the plate when the clamping assembly is at each sampling position” which is a method of making step for designing a optimal curvature for a stroke curve protrusion on a rotating plate of a clamping assembly.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP § 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter.
The USPTO recognizes that applicants may have claims directed to computer readable media that cover signals per se, which the USPTO must reject under 35 U.S.C. § 101 as covering both non-statutory subject matter and statutory subject matter. In an effort to assist the patent community in overcoming a rejection or potential rejection under 35 U.S.C 101, the USPTO suggests the following approach in this situation. The examiner suggests that claim 13 should recite "a non-transitory computer readable medium comprising code stored…" A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claimed “memory”.
Indication of Allowable Subject Matter
Claims 1-16 are rejected and would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding the nearest prior to Claims 1 &16. The closest prior art is Zhang (CN 112046195) which discloses a mounting base; a clamping assembly with two clamping components the clamping components are both provided on the mounting base, and are movable relative to the mounting base; a rotating assembly comprising a rotating plate and two connecting rods, wherein the rotating plate is rotatably provided on the mounting base, first ends of the at least two connecting rods are both rotatably connected to the rotating plate, a second end of one of the at least two connecting rods is rotatably connected to one of the at least two clamping components.
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Regarding Claim 1. Zhang nor the prior art discloses a rotating plate is provided with a stroke curve protrusion and the stroke curve protrusion is configured to adjust, when the rotating plate rotates, a distance between the ratchet wheel and the ratchet component, so that when the clamping assembly is at different positions, the second position is different corresponding to the different positions of the clamping assembly, so that when the first drive assembly moves from the second position to the end position, the rotating plate rotates at different angles, and a moving distance of the clamping assembly at different positions relative to the mounting base remains the same.
Regarding Claim 16. Zhang nor the prior art disclose a method of making a stroke curve protrusion by determining the optimal curve for a curve of a stroke curve protrusion where according to the rotation angle required to rotate the plate when the clamping assembly is at each sampling position.
Regarding the dependent Claims 2-15. The claims are indicated as allowable based on their dependence on the indicated allowable material of base claims Claim 1 & 16.
Prior Art Considered but not Utilized
The prior art made of record and not relied upon and is considered pertinent to applicant's disclosure is provided in the following table:
Prior Art Document Identifier
Inventor
Comment
CN 211122005
ZENG, Xiang-fu
a four-wheel locating wheel clamp of automobile without scuffing wheel hub, comprising: a housing, a drive assembly and a plurality of claw assemblies; the claw assembly comprises: a connecting rod, a telescopic aluminium pipe, a telescopic arm and a claw structure
US 20140115906
PRUITT; Carl W. et al.
A wheel clamp attaches to a vehicle wheel for performing a wheel alignment on the vehicle. The wheel clamp has a body for supporting a target or measuring head, and three elongated arms mounted to the body.
US 20140070474
GRAY; Brian K. et al.
vehicle wheel alignment systems use alignment elements referred to as "alignment heads" that are attached to the wheels of a vehicle to measure various angles of the wheels and suspension
CN 212685107
ZHANG, Kai-kai
a clamping device, comprising a main body; two clamping jaw components, which are respectively connected to the two opposite ends of the main body, and can be opened or closed relative to the central axis of the main body; a traction module installed on the main body and connected with the two clamping claw components
CN 110842826
ZHU, Xiao-ying et al.
wheel centre locating clamp on the market, mainly comprising a four-point clamp and clamp, the clamping mode, a screw form and 3 point or circular positioning, two claw holding tyre clamping manner and a three-claw holding tire manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-273-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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