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 .
Election/Restrictions
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claims 1-7, drawn to a reinforcing bar binding robot comprising four sensors for reinforcing bars.
Group II, claims 8-11, drawn to a reinforcing bar binding robot comprising a movement amount calculation unit for calculating a movement amount of the traveling unit.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
The common technical feature between Groups I and II is “a reinforcing bar binding robot comprising: a reinforcement bar binding unit configured to bind a first reinforcing bar and a second reinforcing bar in a reinforcing bar group at an intersecting point where the first and second reinforcing bars intersect with each other, the reinforcing bar group including a plurality of first reinforcing bars extending in a first direction and a plurality of second reinforcing bars extending in a second direction intersecting the first direction; a traveling unit configured to travel along the first reinforcing bars and/or the second reinforcing bars; a sensor unit configured to detect the first reinforcing bars and/or the second reinforcing bars”. In order to be considered a “special technical feature”, the common technical feature shared between each group must provide a contribution over the prior art.
Evidence of lack of unity between the groups is found in Cheng et al. (hereinafter “Cheng”) (CN 217902290U), because Cheng discloses a reinforcing bar binding robot (fig. 2) comprising: a reinforcement bar binding unit (12) configured to bind a first reinforcing bar (5) and a second reinforcing bar (6) in a reinforcing bar group at an intersecting point where the first (5) and second (6) reinforcing bars intersect with each other (fig. 2), the reinforcing bar group including a plurality of first reinforcing bars (5) extending in a first direction and a plurality of second reinforcing bars (6) extending in a second direction intersecting the first direction (fig. 2); a traveling unit (1 and 8) configured to travel along the first reinforcing bars and/or the second reinforcing bars (fig. 2); a sensor unit (9 and 10) configured to detect the first reinforcing bars and/or the second reinforcing bars (figs. 2-3).
Since Cheng teaches the common feature share between groups I and II, there is no special technical feature. So, there is a lack of unity between the inventions.
During a telephone conversation with Attorney Andy Mu on September 15, 2026, a provisional election was made without traverse to prosecute the invention of Group I, claims 1-7. Affirmation of this election must be made by applicant in replying to this Office action. Claims 8-11 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
An action on the merits of the elected claims 1-7 follows.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 drawings of “the first direction and the second direction are orthogonal to each other (claim 4)” and “the first direction and the second direction are not orthogonal to each other (claim 6)” 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 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.
If claim limitations in this application that use the word "means" (or "step"), they 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, if claim limitations in this application that do not use the word "means" (or "step"), they 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.
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 1-3, 5, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al. (hereinafter “Cheng”) (CN 217902290U) (First claim interpretation).
Regarding claim 1, Cheng discloses a reinforcing bar binding robot (figs. 2-3) comprising:
a reinforcement bar binding unit (12) configured to bind a first reinforcing bar (5) and a second reinforcing bar (6) in a reinforcing bar group (5 and 6) at an intersecting point where the first (5) and second (6) reinforcing bars intersect with each other (see fig. 2 and the drawing #1 below), the reinforcing bar group including a plurality of first reinforcing bars (5) extending in a first direction and a plurality of second reinforcing bars (6) extending in a second direction intersecting the first direction (fig. 2 and the drawing # 1 below);
a traveling unit (1 and 8) configured to travel along the first reinforcing bars and/or the second reinforcing bars (fig. 2);
a first sensor (9) and a second sensor (9), configured to detect
a third sensor (3) and a fourth sensor (3), configured to detect
Drawing #1:
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Drawing #2:
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Regarding claim 2, the reinforcing bar binding robot according to claim 1,
wherein the traveling unit includes a first traveling unit (8), a second traveling unit (8), a third traveling unit (1), and a fourth traveling unit (1) (see the drawing #2 above),
wherein the first traveling unit (8) and the second traveling unit (8) are disposed respectively on one side (a bottom left side of the drawing #2 above) and the other side (a top left side of the drawing #2 above) in the fourth direction relative to the first sensor (9) (see the drawing #2 above), and
wherein the third traveling unit (1) and the fourth traveling unit (1) are disposed respectively on the one side (see the bottom right side of the drawing #2 above) and the other side (see a top right side of the drawing #2 above) in the fourth direction relative to the second sensor.
Regarding claim 3, the reinforcing bar binding robot according to claim 1,
wherein the reinforcing bar binding robot (fig. 2) is disposed on the reinforcing bar group (5 and 6) such that the third direction is parallel to the first direction and the fourth direction is parallel to the second direction (see the drawing #2 above),
wherein the reinforcing bar biding robot further comprises an intersecting point estimation unit configured to estimate the intersecting point,
wherein the first sensor (9) and the second sensor (9) are configured to detect the first reinforcing bars (5),
wherein the third sensor (3) and the fourth sensor (3) are configured to detect the second reinforcing bars (6), and
wherein the intersecting point estimation unit is configured to:
estimate positions of the first reinforcing bars detected by both the first sensor (9) and the second sensor (9) based on detection values of the first sensor and the second sensor (see page 5, paragraph 4 to page 7 of the machine translation document);
estimate positions of the second reinforcing bars detected by both the third sensor (3) and the fourth sensor (3) based on detection values of the third sensor and the fourth sensor (see page 5, paragraph 4 to page 7 of the machine translation document); and
estimate an intersection (see “binding cross node” on page 7, second paragraph of the machine translation document) of the first reinforcing bars (5) detected by the first sensor (9) and the second sensor (9) and the second reinforcing bars (6) detected by the third sensor (3) and the fourth sensor (3) as the intersecting point (see page 5, paragraph 4 to page 7 of the machine translation document).
Regarding claim 5, the reinforcing bar binding robot according to claim 1,
wherein the first direction and the second direction are orthogonal to each other (see the drawing #2 above), and
wherein the third direction and the fourth direction are orthogonal to each other (see the drawing #2 above).
Regarding claim 7, the reinforcing bar binding robot according to claim 3,
wherein the reinforcing bar binding robot is configured to travel in the first direction while the first sensor (9) and the second sensor (9) detect the at least one of the first reinforcing bars (5) (see the first and second drawings above), and
wherein the reinforcing bar binding robot is configured to:
in a case where the first sensor (9) detects an intersecting section where the at least one of the first reinforcing bars (5) intersects the second reinforcing bars (6) while the reinforcing bar binding robot is traveling, determine whether the intersecting section matches the estimated intersecting point is determined (see “binding cross node” on page 7, second paragraph of the machine translation document); and
in a case where the intersecting section does not match the determined intersecting point, adjust a position of the estimated intersecting point (see “binding cross node” and “continues to advance” on page 7, second paragraph, the last two lines) of the machine translation document).
Claims 1, 4, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al. (hereinafter “Cheng”) (CN 217902290U) (Second claim interpretation).
Regarding claim 1, Cheng discloses a reinforcing bar binding robot (figs. 2-3) comprising:
a reinforcement bar binding unit (12) configured to bind a first reinforcing bar (5) and a second reinforcing bar (6) in a reinforcing bar group (5 and 6) at an intersecting point where the first (5) and second (6) reinforcing bars intersect with each other (see fig. 2 and the drawing #1 above), the reinforcing bar group including a plurality of first reinforcing bars (5) extending in a first direction and a plurality of second reinforcing bars (6) extending in a second direction intersecting the first direction (fig. 2 and the drawing # 1 above);
a traveling unit (1 and 8) configured to travel along the first reinforcing bars and/or the second reinforcing bars (fig. 2);
a first sensor (see the drawing # 3 below) and a second sensor (see the drawing #3 below) configured to detect at least one of the first reinforcing bars (5) and/or at least one of the second reinforcing bars (6), and disposed apart from each other along a third direction (see the drawing # 3 below); and
a third sensor (see the drawing #3 below) and a fourth sensor (see the drawing #3 below) [it is noted that the claim does not define that the first and the fourth sensors are different sensors; and thus, the fourth sensor can be interpreted as the same sensor as the first sensor], configured to detect at least one of the first reinforcing bars (5) and/or at least one of the second reinforcing bars (6), and disposed apart from each other along a fourth direction (see the drawing # 3 below) intersecting the third direction (see the drawing # 3 below).
Drawing #3:
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Regarding claim 4, the reinforcing bar binding robot according to claim 1,
wherein at least one of the first sensor and the second sensor is configured to detect the first reinforcing bars (5) and the second reinforcing bars (6), and
wherein at least one of the third sensor and the fourth sensor is configured to detect the first reinforcing bars (5) and the second reinforcing bars (6).
It is noted that each sensor unit as circled in the drawing #3 above comprising a sensing member 3 (the vertical one in the drawing #3) for detecting second reinforcing bars (6), and a sensing member (9) (the horizontal one in the drawing #3) for detecting second reinforcing bars (5); see figs. 2-3.
Regarding claim 6, the reinforcing bar binding robot according to claim 1,
wherein the first direction and the second direction are not orthogonal to each other (It is noted that before tying the first reinforcing bar and the second reinforcing bar together, the bars inherently crossed together without being orthogonal before tying),
wherein the first sensor and the second sensor are disposed such that the third direction is parallel to the first direction (see the drawing #3 above), and
wherein the third sensor and the fourth sensor are disposed such that the fourth direction is parallel to the second direction (see the drawing #3 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0143678 A1 and US 2021/0156160 A1 discloses rebar binding robots.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER L 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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JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/Primary Examiner, Art Unit 3725
