The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Jul 5th, 2020, 5:19pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Term
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Means of Actuation
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Means of Actuation  (Read 800 times)
rgbonk
Newbie
*




   
WWW

Posts: 4
Means of Actuation
« on: Dec 6th, 2006, 8:07am »
Quote Quote Modify Modify

My utility patent will be filed within 2-3 weeks.  My workpiece clamping device breaks new ground within my trade/profession of 45 years.  Cost to manufacture vs. retail 1:4 ++.  Simple device.  
 
Within the detailed descriptions part of my patent application I refer to this device as being manually actuated.  This device could ALSO be actuated using pneumatic or hydraulic means.  My questions:
 
1)  Should I include pneumatic or hydraulic means of actuation within my detailed description?
 
2) Within my FIGS. should I include a sketch of a cylinder housing to refer to?
 
3) Within my claims, claim: "The device of claim 1, consisting of a pneumatic or hydraulically means of actuation?
 
I really have something here.  Nine prototype models have been built for display.  All CAD work is complete.  One of the top 100 medium sized manufacuring businesses in the Pacific Northwest has review my art, within the bounds and limits of my NDA, and looks forward to implementing my art into their manufacturing operations and possibly becoming the/a manufacture of this device.  
 
Thank you for any assistance provided.  RGBONK
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Means of Actuation
« Reply #1 on: Dec 11th, 2006, 12:08pm »
Quote Quote Modify Modify

on Dec 6th, 2006, 8:07am, rgbonk wrote:
1)  Should I include pneumatic or hydraulic means of actuation within my detailed description?

Avoid "means" unless you really mean it.  But, generally, it's probably a good idea to include some description of that, unless of course it's not.
 
on Dec 6th, 2006, 8:07am, rgbonk wrote:
2) Within my FIGS. should I include a sketch of a cylinder housing to refer to?

Maybe.  It depends on how much you'd have to describe to enable one of ordinary skill in the art to make and use the cylinder.  If you specifically claim the cylinder, it's probably best to include a figure -- unless it's not.  Everything in patents is so fact-specific that it's really hard to give specific recommendations without knowing the entire context.
 
on Dec 6th, 2006, 8:07am, rgbonk wrote:
3) Within my claims, claim: "The device of claim 1, consisting of a pneumatic or hydraulically means of actuation?

Don't recite "consisting of" unless you really mean it.  Same with "means" -- although "means of" is less problematic than "means for."  
 
In addition, using the alternative phrasing ("or") means that prior art teaching either one can invalidate the claim and others would be free to use the other.  For example, if prior art teaches hydraulic actuation but not pneumatic (and assume pneumatic is not obvious in view of hydraulic), your claim might be invalid and others would be free to practice pneumatic actuation.  Yes, you may have broader claims that claim both, but it's generally best to write all your claims as if you might actually need them.  My preference is to write 2 separate claims -- one for pneumatic, and one for hydraulic.
 
What about electronic actuation?  You might also want a claim for "automatic" actuation, covering all 3.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
rgbonk
Newbie
*




   
WWW

Posts: 4
Re: Means of Actuation
« Reply #2 on: Dec 11th, 2006, 6:47pm »
Quote Quote Modify Modify

Thank you Jim, I am getting close to the finish line and your input is appreciated....RGBONK Smiley Smiley
IP Logged
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board