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 as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Fig. 1-3 have the reference character (290) which is not stated in the description.
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
Claims 2, 5 and 10 are objected to because of the following informalities:
Claim 2 Ln 1, please amend to --wherein the at least one parameter is--.
Claim 5 Ln 8, states --the second operating mode is designed as a system mode or a as component mode--. No further definition is provided of the system and/or component mode associated with the second operating mode. The previous descriptions/limitations of the system/component modes associated with the first operating mode DO NOT provide structure and/or context to the stem/component modes associated with the first operating mode. The limitation of Ln 8 merely renames/identifies the second operating mode as a system mode or a as component mode.
Claim 10 Ln 1-2, please amend to --comprising at least one pneumatic function component[[,]] comprising a valve apparatus and at least one pneumatic actuator--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(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.
Claims 4-6, 9, 11, 13 and 15 are 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 pre-AIA the applicant regards as the invention.
Claim 4 Ln 1-2, 2, 2-3 and 6 states the limitations “a plurality of pneumatic function components”, “a respective valve apparatus” “at least one respective pneumatic actuator” and “a respective parameter”, respectively. It is unclear if these limitations are the same as or distinct from the similar limitations stated in claim 1 Ln 1-2, Ln 2, Ln 2-3 and Ln 11-12, respectively. Therefore, the scope of the claim is indeterminate. For examination, the limitations were interpreted as the same. It is suggested to amend the terms of claim 4 similarly to as follows with respect to the first rejected term of Ln 1-2: --wherein the at least one pneumatic function component comprises a plurality of pneumatic function components--.
Claim 5 Ln 1-4 states the limitation "the first operating mode is designed as a system mode… actuates … taking into account a respective parameter”. It is unclear if the ‘respective parameter’ is the same as or distinct from the ‘at least one parameter’ stated in claim 4 Ln 6 or Claim 1 Ln 11-12. It is further unclear if the intent is to have to first mode associated with a parameter as claim 1 clearly states that the first mode is not associated with a parameter and that only the second mode is operated with a parameter. Is it the intent to operate both the first mode and the second mode with the identical parameter (which would violate the limitation of claim 1 Ln 12-13 “the pneumatic actuation in the second operating mode differs from the pneumatic actuation in the first operating mode due to taking the parameter into account”). Or, is it the intent to operate both the first mode and the second mode with distinct parameters thereby not violating the limitation of claim 1 Ln 12-13. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as the first/second modes having respective parameters that are distinct.
Claim 5 Ln 7 states the limitation "a respective parameter”. It is unclear if the ‘respective parameter’ is the same as or distinct from the ‘at least one parameter’ stated in claim 4 Ln 6 or Claim 1 Ln 11-12. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as distinct.
Claim 6 Ln 1-2 states the limitation "a control apparatus”. Claim 1 already states a control apparatus comprised by the system. It is unclear if this ‘control apparatus’ is the same as or distinct from the ‘control apparatus’ stated in Claim 1 Ln 4.. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --[[a]] the control apparatus--.
Claim 11 Ln 1-2 states the limitation "a control apparatus”. Claim 10 already states a control apparatus comprised by the system. It is unclear if this ‘control apparatus’ is the same as or distinct from the ‘control apparatus’ stated in Claim 10 Ln 11. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --[[a]] the control apparatus--.
Claim 13 Ln 1-2, 2, 2-3 and 7 states the limitations “a plurality of pneumatic function components”, “a respective valve apparatus” “at least one respective pneumatic actuator” and “a respective parameter”, respectively. It is unclear if these limitations are the same as or distinct from the similar limitations stated in claim 10 Ln 1-2, Ln 2, Ln 2 and Ln 8-9, respectively. Therefore, the scope of the claim is indeterminate. For examination, the limitations were interpreted as the same. It is suggested to amend the terms of claim 13 similarly to as follows with respect to the first rejected term of Ln 1-2: --[[comprising]] wherein the at least one pneumatic function component comprises a plurality of pneumatic function components--.
Claims 9 and 15 are rejected for their dependence upon claims 4 or 13.
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.
-(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-11 and 13-15 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Holicov; Gabriel Alexandru et al. US 20210128373 A1, hereinafter Holicov.
Regarding claim 1, Holicov discloses (Fig. 4) a method for operating a pneumatic system for industrial automation (in accordance with MPEP 2111.02 II., the preamble (specifically the terms pneumatic and/or industrial automation) has been interpreted as reciting purpose or intended use and is therefore not interpreted as a limitation), comprising
at least one pneumatic function component which comprises
a valve apparatus (73) and
at least one pneumatic actuator (19) which can be pneumatically actuated by way of the valve apparatus [0056],
a control apparatus (74) and/or
at least one sensor ((81, 83) [0056]) and/or
an input apparatus (100, [0060]) and/or
a safety switch ((22) [0043], (22) [0043], (52) [0048], (56) [0049], (64) [0051])
wherein the method comprises the following steps:
- operating the pneumatic system in a first operating mode, in which the valve apparatus pneumatically actuates the pneumatic actuator [0059],
- detecting a state and/or event [0015],
- as a response to the detected state and/or event, bringing the pneumatic system from the first operating mode into a second operating mode [0010],
wherein the valve apparatus pneumatically actuates the pneumatic actuator in the second operating mode whilst taking into account at least one parameter (speed), in a manner such that the pneumatic actuation in the second operating mode differs from the pneumatic actuation in the first operating mode due to taking the parameter into account [0007],
wherein the state and/or event is detected on the basis of an input signal and/or with the control apparatus and/or with the at least one pneumatic function component,
wherein the input signal is
a sensor signal which is detected by way of the sensor [0056],
an input signal which is generated by an input of a user into the input apparatus [0060],
a safety signal which is generated by a position of the safety switch [0043, 0048, 0049, 0051] and/or
a signal which is generated by the at least one pneumatic function component [0056].
Regarding claim 2, Holicov discloses (Fig. 4) the parameter is a limitation parameter which limits the pneumatic actuation of the pneumatic actuator and/or a movement of an actuation element of the pneumatic actuator [0007].
Regarding claim 3, Holicov discloses (Fig. 4) the limitation parameter is a maximal pressure for the pneumatic actuation [0056].
Regarding claim 4, as far as is determinate, Holicov discloses (Fig. 4) the pneumatic system comprises a plurality of pneumatic function components which each comprise a respective valve apparatus and at least one respective pneumatic actuator which can be pneumatically actuated by way of the respective valve apparatus, wherein in the first operating mode each valve apparatus pneumatically actuates the respective pneumatic actuator, and wherein in the second operating mode each valve apparatus pneumatically actuates the respective pneumatic actuator whilst taking a respective parameter into account, in a manner such that the pneumatic actuations in the second operating mode differ from the pneumatic actuations in the first operating mode due to taking the parameter into account ([0045] indicates that there are a plurality of pneumatic function components).
Regarding claim 5, as far as is determinate, Holicov discloses (Fig. 4) the first operating mode is designed as a system mode which is assigned to the pneumatic system and in which each valve apparatus pneumatically actuates the respective pneumatic actuator whilst taking into account a respective parameter which is assigned to the system mode, or as a component mode which is assigned to at least one pneumatic function component and in which only the valve apparatuses of the at least one pneumatic function component to which the component mode is assigned actuate the respective pneumatic actuator whilst taking into account a respective parameter which is assigned to the component mode, and/orthe second operating mode is designed as a system mode or as a component mode ([0007] states that the actuators are operated based on speed, first rate, which can be interpreted as a parameter of the first speed/rate, and a lowered speed, second rate, which can be interpreted as a parameter of the second speed/rate)
Regarding claim 6, as far as is determinate, Holicov discloses (Fig. 4) the pneumatic system comprises a control apparatus (74), wherein the at least one parameter is stored in the control apparatus [0056-0059].
Regarding claim 8, Holicov discloses (Fig. 4) the first operating mode is a normal operating mode (“fully operational mode”), and wherein the second operating mode is a safety mode (“safety mode”) [0007].
Regarding claim 9, as far as is determinate, Holicov discloses (Fig. 4) at least two of the parameters differ from one another (as stated in [0007], the parameter associated with the first mode is greater than the parameter associated with the second mode).
Regarding claim 10, Holicov discloses (Fig. 4) a pneumatic system for industrial automation (in accordance with MPEP 2111.02 II., the preamble (specifically the terms pneumatic and/or industrial automation) has been interpreted as reciting purpose or intended use and is therefore not interpreted as a limitation), comprising
at least one pneumatic function component comprising
a valve apparatus (73) and
at least one pneumatic actuator (19) which can be pneumatically actuated by way of the valve apparatus [0056],
wherein the pneumatic system is configured to be operated in a first operating mode (“fully operational mode”), in which the valve apparatus pneumatically actuates the pneumatic actuator [0059],
wherein the pneumatic system is further configured to detect a state and/or an event [0015],
wherein the pneumatic system is further configured to be brought from the first operating mode into a second operating mode (“safety mode”) [0010],
wherein the valve apparatus is configured to pneumatically actuate the pneumatic actuator in the second operating mode whilst taking into account at least one parameter (speed), in a manner such that the pneumatic actuation in the second operating mode differs from the pneumatic actuation in the first operating mode due to taking the parameter into account [0007],
wherein the pneumatic system further comprises
a control apparatus (74) and/or
at least one sensor ((81, 83) [0056]) and/or
an input apparatus (100, [0060]) and/or
a safety switch ((22) [0043], (22) [0043], (52) [0048], (56) [0049], (64) [0051]),
wherein the pneumatic system is further configured to detect the state and/or the event on the basis of an input signal and/or with the control apparatus and/or with the at least one pneumatic function component,
wherein the input signal is a sensor signal which is detected by way of
the sensor [0056],
an input signal which is generated by an input of a user into the input apparatus [0060],
a safety signal which is generated by a position of the safety switch [0043, 0048, 0049, 0051] and/or
a signal which is generated by the at least one pneumatic function component [0056].
Regarding claim 11, as far as is determinate, Holicov discloses (Fig. 4) the pneumatic system comprises a control apparatus (74), wherein the at least one parameter is stored in the control apparatus [0056-0059].
Regarding claim 13, as far as is determinate, Holicov discloses (Fig. 4) comprising a plurality of pneumatic function components which each comprise a respective valve apparatus and at least one respective pneumatic actuator which can be pneumatically actuated by way of the respective valve apparatus, wherein the pneumatic system is configured such that in the first operating mode each valve apparatus pneumatically actuates the respective pneumatic actuator, and wherein the pneumatic system is configured such that in the second operating mode each valve apparatus pneumatically actuates the respective pneumatic actuator whilst taking into account a respective parameter, in a manner such that the pneumatic actuations in the second operating mode differ from the pneumatic actuations in the first operating mode due to taking the parameter into account ([0045] indicates that there are a plurality of pneumatic function components).
Regarding claim 14, Holicov discloses (Fig. 4) the first operating mode is a normal operating mode (“fully operational mode”), and wherein the second operating mode is a safety mode (“safety mode”) [0007].
Regarding claim 15, as far as is determinate, Holicov discloses (Fig. 4) at least two of the parameters differ from one another (as stated in [0007], the parameter associated with the first mode is greater than the parameter associated with the second mode).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Holicov in view of FEINAUER; Markus et al. US 20220341441 A1, hereinafter Feinauer. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (methods of operating fluid systems, fluid systems components). MPEP2141.01(a) I.
Regarding claims 7 and 12, Holicov discloses the claimed invention substantially as claimed, as set forth above for Claim 1 and 10, respectively, except fails to explicitly state that the at least one parameter is stored in the at least one pneumatic function component.
Feinauer discloses (Fig. 1, 2) a pneumatic system for industrial automation (in accordance with MPEP 2111.02 II., the preamble (specifically the terms pneumatic and/or industrial automation) has been interpreted as reciting purpose or intended use and is therefore not interpreted as a limitation), comprising
at least one pneumatic function component comprising
a valve apparatus (60, 18) and
at least one pneumatic actuator (44) which can be pneumatically actuated by way of the valve apparatus [0044, 0051],
wherein the pneumatic system is configured to be operated in a first operating mode (“first operating position”), in which the valve apparatus pneumatically actuates the pneumatic actuator [0041],
wherein the pneumatic system is further configured to detect a state and/or an event [0042],
wherein the pneumatic system is further configured to be brought from the first operating mode into a second operating mode (“second operating position”) [0041-0042],
wherein the pneumatic system further comprises
a control apparatus (19, 72) and/or
wherein the pneumatic system is further configured to detect the state and/or the event on the basis of an input signal and/or with the control apparatus and/or with the at least one pneumatic function component,
wherein the input signal is a sensor signal which is detected by way of
a signal which is generated by the at least one pneumatic function component [0042];
wherein the at least one parameter is stored in the at least one pneumatic function component ([0043] states that (19), depicted/disclosed as a component of the function component, could have stored within it a parameter, or indication/presence of a signal thereto, and that the signaling device may be internal to (19) itself).
One of ordinary skill in the art could have applied the known "improvement" technique (storing the parameter in the function component) in the same way to the "base" device and the results (operating the valve apparatus upon receiving a signal) would have been predictable to one of ordinary skill in the art. It would have been obvious to one of ordinary skill in the art to store the parameter in the function component (such as within a local controller (19) within the function component) in the device of Holicov to operate the valve apparatus upon receiving a signal as taught by Feinauer as the is a known technique amongst similar devices ready for improvement.
Relevant Art
The following is a listing of relevant art:
US 20230116100 A1, US 20220056671 A1, US 20210285470 A1, US 20030010198 A1 disclose fluid systems for industrial automation comprising functional components (valves, actuators), control apparatus, sensors, input apparatus and sensors/switches.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached on Monday-Friday 8:00 am - 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL WIEHE can be reached on 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
Prosecution Insights