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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 limitations are:
“reel holding section configured to hold” in the 2nd line of claim 1, where “section” is the nonce term and “reel holding” is the function;
“reel stopper configured to be switchable” in the 4th line of claim 1, where “reel stopper” is the nonce term and “switchable” is the function and
“twisting unit configured to twist” in the 12th line of claim 1, where “unit” is the nonce term and “twisting” in the function.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The specification describes the corresponding structure for “reel holding section” in paragraph [0077] as reel holding section 22 in Fig. 1.
The specification describes the corresponding structure for “reel stopper” in paragraph [0166] as cover 6 in Fig. 1
The specification describes the corresponding structure for “twisting unit” in paragraph [0123] as twisting unit 80 in Fig. 2.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 1-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. US 2022/0325543 A1 by Matsuno et al., herein “Matsuno”.
Regarding claim 1, Matsuno discloses a rebar tying machine configured to tie rebars with a wire (rebar tying tool 2 in Fig. 1; ¶[0083]), comprising:
a reel holding section configured to hold a reel including the wire such that the reel is rotatable about a reel rotation axis (reel holding section accommodating part 16 in Fig. 1; ¶[0083]);
a reel stopper (reel stopper lever 84 in Figs. 1 and 3-6; ¶[0098] and [0099]) configured to be switchable between a prohibited state in which the reel is prohibited from being removed from the reel holding section and a permitted state in which the reel is permitted to be removed from the reel holding section (lever 84 is configured to be between the prohibited state shown in Figs. 1 and 5 to the permitted state shown in Figs. 3 and 6);
a first roller configured to be rotatable (first roller 62 in Figs. 5 and 6);
a second roller configured to be rotatable (second roller 64 in Figs. 5 and 6), wherein the second roller is configured to be switchable between a first state in which the wire is held between the first roller and the second roller (Fig. 5 shows the first state where wire W is held between first roller 62 and second roller 64) and a second state in which a distance between the first roller and the second roller is longer than a distance between the first roller and the second roller in the first state (Fig. 6 shows the second state where the distance between rollers 62 and 64 is greater than it is in the first state shown in Fig. 5); and
a twisting unit configured to twist the wire wound around the rebars by the first roller and the second roller (twisting unit mechanism 44 in Fig. 2; ¶[0090]),
wherein
the second roller is configured to switch from the first state to the second state when the reel stopper switches from the prohibited state to the permitted state (the progression from Fig. 5 to Fig. 6 shows second roller 64 switches from the first state to the second state when reel stopper lever 84 switches from the prohibited state shown in Fig. 5 to the permitted state shown in Fig. 6).
Regarding claim 2, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses the wire (W in Fig. 6) is not held between the first roller (roller 62 in Fig. 6) and the second roller (roller 64 in Fig. 6) when the second roller is in the second state (Fig. 6 shows the second state where roller 64 is moved away from roller 62 such that it is not holding wire W).
Regarding claim 3, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses the second roller (roller 64 in Figs. 5 and 6) switches from the second state (shown in Fig. 6) to the first state (shown in Fig. 5) when the reel stopper switches from the permitted state to the prohibited state (reel stopper lever 84 switches between the two states).
Regarding claim 4, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses the reel holding section (reel holding section accommodating part 16 in Fig. 1) has a reel housing space for housing the reel therein (Figs. 2 and 3 show accommodating part 16 has space for housing reel 26; ¶[0088]).
Regarding claim 5, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses a link member supporting the second roller such that the second roller is rotatable (link member part 66 in Figs. 4-6 supports second roller 64 such that it is rotatable), wherein the link member is configured to switch the second roller between the first state and the second state (link part 66 switches second roller 64 between the first stated shown in Fig. 5 to the second state shown in Fig. 6),
wherein the reel stopper (reel stopper lever 84 in Figs. 4-6) comprises an actuation member (actuation member cam part 86 in Figs. 4-6; ¶[0098]) configured to actuate the link member when the reel stopper switches from the prohibited state to the permitted state (reel stopper lever 84 rotates cam 86 which moves link part 66 when lever 84 is moved between the first and second states).
Regarding claim 6, Matsuno anticipates the rebar tying machine according to claim 5 as explained above. Matsuno further discloses a biasing member (biasing member part 68 in Figs. 5 and 6; ¶[0097]) configured to bias the link member to switch the second roller from the second state to the first state (biasing part 68 biases link part 66 to switch roller 64 between the first and second states as shown in Figs. 5 and 6).
Regarding claim 7, Matsuno anticipates the rebar tying machine according to claim 6 as explained above. Matsuno further discloses the reel stopper is pivotable between a first position at which the reel stopper is positioned in the prohibited state and a second position at which the reel stopper is positioned in the permitted state (Figs. 1 and 5 shows reel stopper lever 84 in a first position prohibited state and Figs. 2 and 6 show lever 84 is pivoted to a second position permitted state), and
the reel stopper is configured to pivot toward the first position when the reel stopper is positioned closer to the first position than a neutral position is (lever 84 is configured to pivot toward the first position when it is positioned between the first position and halfway to the second position), which is between the first position and the second position, and pivot toward the second position when the reel stopper is positioned closer to the second position than the neutral position is (lever 84 is configured to pivot toward the second position when it is positioned between the second position and halfway to the first position).
Regarding claim 8, Matsuno anticipates the rebar tying machine according to claim 5 as explained above. Matsuno further discloses the actuation member comprises a roller configured to be rotatable and contact the link member (actuation member cam part 66 is a roller configured to be rotatable and contact link member part 66 as shown in Figs. 4-6).
Regarding claim 9, Matsuno anticipates the rebar tying machine according to claim 5 as explained above. Matsuno further discloses the link member is pivotable about a link pivot axis (Link pivot part 66 in Fig. 5 is pivotable about a pivot axis. See “Pivot Axis” annotation to Fig. 5 of Matsuno reproduced below.), and
a distance between the link pivot axis and a position of the link member actuated by the reel stopper is longer than a distance between the link pivot axis and a position where the link member supports the second roller (the distance between the Pivot Axis and where roller 64 is supported is less than the distance between the Pivot Axis and the end of the lever as illustrated below).
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Regarding claim 10, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses a lock lever mounted on the reel stopper and configured to be manipulated by a user (reel stopper lever 84 in Figs. 1 and 3-6 is a lock lever configured to be manipulated by a user),
wherein the lock lever is configured to keep the reel stopper in the prohibited state when engaged with the reel holding section (lock lever 84 is configured to itself in the prohibited states when engaged with reel holding section accommodation part 16 as shown in Fig. 1).
Regarding claim 11, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses the reel stopper is pivotable about a stopper pivot axis (the progression from Fig. 1 to Fig. 3 shows reel stopper lever 84 is pivotable about a stopper pivot axis defined by screw 87; ¶[0099]), and
the stopper pivot axis is located above the reel rotation axis and below the second roller (Fig. 4 shows the stopper pivot axis defined by screw 87 is above the reel rotation axis and below second roller 64).
Regarding claim 12, Matsuno anticipates the rebar tying machine according to claim 1 as explained above. Matsuno further discloses a reel pressing member mounted on the reel stopper (reel pressing member cover 20 in Fig. 1 is mounted on reel stopper lever 84 when lever 84 is positioned as shown in Fig. 1); and
a biasing member configured to bias the reel pressing member toward the reel when the reel stopper is in the prohibited state (biasing member part 24 in Fig. 2 biases reel pressing member cover 20 toward reel 26 when reel stopper lever 84 is in the prohibited state as shown in Fig. 1).
Regarding claim 13, Matsuno discloses a rebar tying machine configured to tie rebars with a wire (rebar tying tool 2 in Fig. 1; ¶[0083]), comprising:
a reel holding section configured to hold a reel including the wire such that the reel is rotatable about a reel rotation axis (reel holding section accommodating part 16 in Fig. 1; ¶[0083]);
a reel stopper (reel stopper lever 84 in Figs. 1 and 3-6; ¶[0098] and [0099]) configured to be switchable between a prohibited state in which the reel is prohibited from being removed from the reel holding section and a permitted state in which the reel is permitted to be removed from the reel holding section (lever 84 is configured to be between the prohibited state shown in Figs. 1 and 5 to the permitted state shown in Figs. 3 and 6);
a first roller configured to be rotatable (first roller 62 in Figs. 5 and 6);
a second roller configured to be rotatable (second roller 64 in Figs. 5 and 6), wherein the second roller is configured to be switchable between a first state in which the wire is held between the first roller and the second roller (Fig. 5 shows the first state where wire W is held between first roller 62 and second roller 64) and a second state in which a force for holding the wire between the first roller and the second roller is smaller than a force for holding the wire between the first roller and the second roller in the first state (Fig. 6 shows the second state where the distance between rollers 62 and 64 is greater than it is in the first state shown in Fig. 5 such that less force is exerted on wire W in the second state); and
a twisting unit configured to twist the wire wound around the rebars by the first roller and the second roller (twisting unit mechanism 44 in Fig. 2; ¶[0090]),
wherein
the second roller is configured to switch from the first state to the second state when the reel stopper switches from the prohibited state to the permitted state (the progression from Fig. 5 to Fig. 6 shows second roller 64 switches from the first state to the second state when reel stopper lever 84 switches from the prohibited state shown in Fig. 5 to the permitted state shown in Fig. 6).
Regarding claim 15, Matsuno anticipates the rebar tying machine according to claim 2 as explained above. Matsuno further discloses the second roller (roller 64 in Figs. 5 and 6) switches from the second state (shown in Fig. 6) to the first state (shown in Fig. 5) when the reel stopper switches from the permitted state to the prohibited state (reel stopper lever 84 switches between the two states),
the reel holding section has a reel housing space for housing the reel therein (Figs. 2 and 3 show accommodating part 16 has space for housing reel 26; ¶[0088]),
the rebar tying machine further comprises a link member supporting the second roller such that the second roller is rotatable (link member part 66 in Figs. 4-6 supports second roller 64 such that it is rotatable),
the link member is configured to switch the second roller between the first state and the second state (link part 66 switches second roller 64 between the first stated shown in Fig. 5 to the second state shown in Fig. 6),
the reel stopper comprises an actuation member (actuation member cam part 86 in Figs. 4-6; ¶[0098]) configured to actuate the link member when the reel stopper switches from the prohibited state to the permitted state (reel stopper lever 84 rotates cam 86 which moves link part 66 when lever 84 is moved between the first and second states),
the rebar tying machine further comprises a first biasing member (biasing member part 68 in Figs. 5 and 6; ¶[0097]) configured to bias the link member to switch the second roller from the second state to the first state (biasing part 68 biases link part 66 to switch roller 64 between the first and second states as shown in Figs. 5 and 6),
the reel stopper is pivotable between a first position at which the reel stopper is positioned in the prohibited state and a second position at which the reel stopper is positioned in the permitted state (Figs. 1 and 5 shows reel stopper lever 84 in a first position prohibited state and Figs. 2 and 6 show lever 84 is pivoted to a second position permitted state),
the reel stopper is configured to pivot toward the first position when the reel stopper is positioned closer to the first position than a neutral position is, which is between the first position and the second position (lever 84 is configured to pivot toward the first position when it is positioned between the first position and halfway to the second position), and pivot toward the second position when the reel stopper is positioned closer to the second position than the neutral position is (lever 84 is configured to pivot toward the second position when it is positioned between the second position and halfway to the first position),
the actuation member comprises a roller configured to be rotatable and contact the link member (actuation member cam part 66 is a roller configured to be rotatable and contact link member part 66 as shown in Figs. 4-6),
the link member is pivotable about a link pivot axis (Link pivot part 66 in Fig. 5 is pivotable about a pivot axis. See “Pivot Axis” annotation to Fig. 5 of Matsuno reproduced in the rejection of claim 9.),
a distance between the link pivot axis and a position of the link member actuated by the reel stopper is longer than a distance between the link pivot axis and a position where the link member supports the second roller (the distance between the Pivot Axis and where roller 64 is supported is less than the distance between the Pivot Axis and the end of the lever as illustrated in the rejection of claim 9),
the rebar tying machine further comprises a lock lever mounted on the reel stopper and configured to be manipulated by a user (reel stopper lever 84 in Figs. 1 and 3-6 comprises a lock lever configured to be manipulated by a user),
the lock lever is configured to keep the reel stopper in the prohibited state when engaged with the reel holding section (lock lever 84 is configured to itself in the prohibited states when engaged with reel holding section accommodation part 16 as shown in Fig. 1),
the reel stopper is pivotable about a stopper pivot axis (the progression from Fig. 1 to Fig. 3 shows reel stopper lever 84 is pivotable about a stopper pivot axis defined by screw 87; ¶[0099]),
the stopper pivot axis is located above the reel rotation axis and below the second roller (Fig. 4 shows the stopper pivot axis defined by screw 87 is above the reel rotation axis and below second roller 64), and
the rebar tying machine further comprises:
a reel pressing member mounted on the reel stopper (reel pressing member cover 20 in Fig. 1 is mounted on reel stopper lever 84 when lever 84 is positioned as shown in Fig. 1); and
a second biasing member configured to bias the reel pressing member toward the reel when the reel stopper is in the prohibited state (biasing member part 24 in Fig. 2 biases reel pressing member cover 20 toward reel 26 when reel stopper lever 84 is in the prohibited state as shown in Fig. 1).
Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application No. US 2021/0245905 A1 by Yoshida et al., hereinafter “Yoshida”.
Regarding claim 14, Yoshida discloses a rebar tying machine configured to tie rebars with a wire (rebar tying machine 1A shown in Fig. 6B; ¶[0040]), comprising:
a reel holding section configured to hold a reel including the wire such that the reel is rotatable about a reel rotation axis (the inside of cover body 22 and the right end portion of main body 10 in Fig. 6B is a reel holding section);
a reel stopper configured to be switchable between a prohibited state in which the reel is prohibited from being removed from the reel holding section and a permitted state in which the reel is permitted to be removed from the reel holding section (cover body 22 in Fig. 6B is a reel stopper configured to be switchable between a prohibited state, when cover body 22 is closed, and a permitted state in which the reel is permitted to be remove, when cover body is open); and
a lock lever configured to keep the reel stopper in the prohibited state when engaged with the reel holding section (lock lever mechanism 23 in Fig. 6B is configured to keep cover body 22 in the prohibited state when engaged with the reel holding section),
wherein
the lock lever is configured to engage with the reel holding section without being manipulated by a user after the reel stopper has switched from the permitted state to the prohibited state (lock lever mechanism 23 in Fig. 6B is configured to engage the reel holding section without being manipulated by a user after reel stopper body cover 22 is switched to the prohibited state; when body cover is closed lock lever mechanism engages main body 10 without any further user manipulation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
