Intellectual Property Forum

Patents => Patent Drafting/Interpretation => Topic started by: useful_machine on 05-09-18 at 11:37 am

Title: Pivot vs. Rotate
Post by: useful_machine on 05-09-18 at 11:37 am
Curious if the crowd has any thoughts regarding whether there is a meaningful difference between pivot and rotate in the following example.

For example, Structure 1 (S1) is connected to Structure 2 (S2).  In a first position, both S1 and S2 extend along the longitudinal axis (LA) of S1.  In a second position, S2 moves about a movement axis (MA) that is perpendicular to the LA.  In other words, S2 folds along the MA so that an angular orientation of S2 relative to S1 (or relative to the LA of S1) changes. 

Does S2 rotate about the MA relative to S1 or does S2 pivot about the MA relative to S1 or does it matter? 

Does rotate imply that S2 can complete a full rotation (or a complete revolution) about MA and pivot imply that S2 can only complete a partial rotation?   In a situation where S2 is not capable of complete rotation, would use of rotate be inappropriate?

Title: Re: Pivot vs. Rotate
Post by: Robert K S on 05-09-18 at 02:08 pm
What does it say in the spec?
Title: Re: Pivot vs. Rotate
Post by: useful_machine on 05-09-18 at 06:52 pm
What does it say in the spec?

Nothing.  I'm considering which term to use in a claim and was curious if there were any thoughts on whether one term would be more appropriate for the example configuration.  Whichever term is used will be clearly described in the spec.
Title: Re: Pivot vs. Rotate
Post by: still_learnin on 05-10-18 at 11:04 am
Curious if the crowd has any thoughts regarding whether there is a meaningful difference between pivot and rotate in the following example.

For example, Structure 1 (S1) is connected to Structure 2 (S2).  In a first position, both S1 and S2 extend along the longitudinal axis (LA) of S1.  In a second position, S2 moves about a movement axis (MA) that is perpendicular to the LA.  In other words, S2 folds along the MA so that an angular orientation of S2 relative to S1 (or relative to the LA of S1) changes. 
     
I'm having trouble visualizing this. Or, put another way, I can think of several illustrations, not sure which is right. But I work mostly in the computer/electrical arts, so these "word pictures" are probably tougher for me to visualize that someone who thinks like this all day.

Does S2 rotate about the MA relative to S1 or does S2 pivot about the MA relative to S1 or does it matter? 
It probably "matters" in the sense that if this is ever litigated, someone will spend $ arguing one way or the other. It may or may not "matter" to the Examiner, depending on how creative he gets in his claim interpretation.

Does rotate imply that S2 can complete a full rotation (or a complete revolution) about MA and pivot imply that S2 can only complete a partial rotation?   In a situation where S2 is not capable of complete rotation, would use of rotate be inappropriate?

I'll take a possibly unconventional position here, and say: if you can't figure out which is best -- or if each choice has it own strengths/weaknesses -- then consider using "rotate" in one claim and "pivot" in another. But my claiming experience is functional, not structural, and maybe choosing the "right" term is more important in mechanical where I suspect there are a set of common well-defined terms.
Title: Re: Pivot vs. Rotate
Post by: still_learnin on 05-10-18 at 11:06 am
Curious if the crowd has any thoughts regarding whether there is a meaningful difference between pivot and rotate in the following example.
...

You might be interested in this "claim construction dictionary":

http://pubpat.org/garrod-glossaries.htm (http://pubpat.org/garrod-glossaries.htm)

No exactly up-to-date -- 2010 -- but it's something.
Title: Re: Pivot vs. Rotate
Post by: eighteighteight on 05-10-18 at 12:52 pm
If you are writing the spec, then you add in a sentence that says something like, "In various embodiments the second part may be able to rotate about the axis by an angle of up to 20 degrees, up to 60 degrees, up to 180 degrees, or up to 260 degrees," And it is all taken care of. 
Title: Re: Pivot vs. Rotate
Post by: useful_machine on 05-11-18 at 10:06 am
Curious if the crowd has any thoughts regarding whether there is a meaningful difference between pivot and rotate in the following example.
...

You might be interested in this "claim construction dictionary":

No exactly up-to-date -- 2010 -- but it's something.

That's great, thank you.
Title: Re: Pivot vs. Rotate
Post by: useful_machine on 05-11-18 at 10:07 am
Thanks, everyone.  I appreciate your thoughts/comments.