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 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.
Claim 2 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.
Claim 2 recites “the pot interlocking mechanism rotates the tool pot from the storage angle to the change angle in conjunction with a movement of the arm relative to the magazine in a predetermined direction to a predetermined position, and rotates the tool pot from the change angle to the storage angle in conjunction with a further movement of the arm relative to the magazine in the predetermined direction from the predetermined position”.
These are method steps of using an apparatus. Because the preamble of the claim is directed towards an apparatus and not a method of using the apparatus, it is not clear as to whether Applicant intends the limitations to be required, such that the claim is directed towards a method and not simply the apparatus, or whether Applicant intends the limitations to be functional language, such that the claimed apparatus merely has to be capable of performing the given steps. Also, the aforementioned method step does not further limit the claim as said step does not recite/claim any structural features of the claimed apparatus.
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, 3 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 2020/0376618 A1).
Re Claim 1, Chen discloses a tool changing device 70 for detaching a previously-used tool as one of a plurality of tools from a spindle of a machine tool 814 and attaching a subsequently-used tool 100, 901 as a tool different from the previously-used tool to the spindle, the tool changing device 70 comprising: a magazine 90 including a rotatable magazine body 91 and a plurality of tool pots 94 each rotatably attached to the magazine body 91, the plurality of tools 901 being respectively attachable to the plurality of tool pots 94, one of the plurality of tool pots 94 being disposed at an change position by rotation of the magazine body 91, the tool pot 94 being configured to be arranged at a change angle and a storage angle by rotation of the tool pot 94 disposed at the change position (Pars. 0066-0069, Figs. 25-38); and an arm 32, 33 including a first grip member 35 and a second grip member 35, being configured, by one of the first grip member 35 or the second grip member 35 (Pars. 0053-0059, Figs. 9-11), to detach the subsequently-used tool 100, 901 from the tool pot 94 arranged at the change angle and attach the subsequently-used tool to the spindle and, by one other of the first grip member 35 or the second grip member 35, to detach the previously-used tool 814 from the spindle and attach the previously-used tool 814 to the tool pot 94 arranged at the change angle, and a pot interlocking mechanism 92 that rotates the tool pot 94 at the change position in conjunction with a movement of the arm relative to the magazine 90 (Pars. 0066-0070, Figs. 25-38).
Re Claim 3, Chen discloses the pot interlocking mechanism 92 includes a link mechanism 942, a link roller 9421 attached to the link mechanism 942, and an arm-side cam 931 that moves relative to the link roller 9421, together with the arm(Par. 0066 and 0067, Figs. 25-38). Note: the limitation “…and the arm-side cam comes into contact with link roller to rotate the tool pot via the link mechanism” is not given patentable weight as this relates to a method of using the tool changing device and the preamble of the claim only relates to the device and not a method of using the device.
Re Claim 4, Chen discloses a notch 945 is provided in an outer peripheral portion of the tool pot 94 on a side in a direction from the storage angle toward the change angle (Par. 0066, Fig. 34). Note: the limitation “…while the arm is moving relative to the magazine, the tool pot rotates, and a portion of the tool passes through the notch” is not given patentable weight as this relates to a method of using the tool changing device and the preamble of the claim relates to the device and not a method of using the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAYAN SALONE whose telephone number is (571)270-7739. The examiner can normally be reached M-F 9-60 PM.
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/BAYAN SALONE/Primary Examiner, Art Unit 3726
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