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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “limiting mechanism” in line 1 of claim 4; and the “hanger” in line 2 of claim 12 must be shown or the feature(s) canceled from the claim(s). 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 Objections
Claim 4 is objected to because of the following informalities:
CLAIM 4:
In line 2, delete “limit”.
Appropriate correction is required.
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.
Claim(s) 1-5 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al (WO 2021/057535 w/ reference to corresponding US 2022/0311362).
In re Claim 1, Li teaches a levitating object (1, considered an object that causes a levitation of item 6) for a magnetic levitation device (1 and 6), comprising a housing (1) and a magnetic member (40, paragraph 33), wherein the housing and the magnetic member are configured to be relatively movable (paragraph 34), and a relative movement of the magnetic member to the housing is guided by a linear guide mechanism (11, paragraph 35) provided in the levitating object.
In re Claim 2, Li teaches a motor (12) providing driving force for the relative movement of the magnetic member to the housing (paragraph 34).
In re Claim 3, Li teaches a transmission mechanism (14) that transmits the driving force of the motor to the magnetic member or to the housing (paragraph 34).
In re Claim 4, Li teaches a limiting mechanism (10) that limits the lower movement of the magnetic member to the housing.
In re Claim 5, Li teaches the linear guide mechanism (11) of the housing is a straight tube in which the magnetic member is provided (as seen in Figure 2).
In re Claim 8, Li teaches a positioning mark (tip of 20) indicative of a linear motion direction of the linear guide mechanism or of a corresponding position of the magnetic member.
Allowable Subject Matter
Claims 6, 7, and 9-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In re Claim 6, Li fails to teach the magnetic member 40 and tube 11 form a piston-cylinder type vacuuming mechanism.
In re Claim 7, Li fails to teach the straight tube 11 is formed with a stop, and a compression spring is provided between the stop and the magnetic member.
In re Claim 9, by considered item 1 of Li as the claimed “levitating object” as discussed above, the relationship described between a levitator and levitating object is not described.
Claims 10-20 are dependent on claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER JAY CLARK whose telephone number is (571)270-1427. The examiner can normally be reached Monday - Friday, 10:00am - 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu Tran can be reached at 571-270-1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J CLARK/Examiner, Art Unit 2838
/THIENVU V TRAN/ Supervisory Patent Examiner, Art Unit 2838
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