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 .
Claim Rejections - 35 USC § 103
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 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1,3-7, 9-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Savill, Jr. et al. (US 9142390) in view of Bykhovsky et al. (US 4392047)—with evidence provided by Matossian (US 4,994,711).
Savill discloses in reference to claim:
A thermal spray plasma gun cathode, comprising: a main body 131 having a first end (shown at A in annotated figure 4 below) and a second end (opposite A); in which the first end comprises a flat surface normal to a longitudinal axis of the main body; and a protrusion 132 extending in a direction of the longitudinal axis from the flat surface of the first end (A),
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Note that Applicant’s figures 11-16 show a unitary electrode body having a protrusion at a distal end. Since the claims call for a main body portion having a first end and a protrusion extending from the first end, one must assign a first end location from which the protrusion extends. The examiner has made such an assignment with the indicator arrow A. As the arrow A denotes a position where the dimensions of the electrode begin to change, it is reasonable to assign such a position as the end of the main body and the beginning of the protrusion.
Savill does not explicitly disclose wherein the protrusion has an emission zone diameter that is less than about 4 mm, and wherein the protrusion is one of a reduced diameter or reduced cross-section projection, is a forwardmost portion of the main body and extends from the flat surface with an axial length that is no more than three times a diameter of the protrusion and is less than about 2 mm.
Bykhovsky discloses a cathode assembly construction for a gas-discharge apparatus including a cathode construction having a protrusion from the first end of the cathode including a diameter or cross-section that tapers greatly from the main body of the cathode (see Figures 1-4 below).
Bykhovsky further discloses that the construction of the non-consumable electrode of FIG. 2 is primarily employed for argon-arc welding as well as in gas-discharge apparatus. As such Bykhovsky teaches a cathode construction suitable for a gas-discharge apparatus such as a thermal spray plasma gun.
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Bykhovsky discloses in many examples a diameter (d ) of the active portion of the cathode that is less than about 4mm. As such, Bykhovsky can be said to disclose the protrusion has an emission zone diameter that is less than about 4 mm, and wherein the protrusion is one of a reduced diameter or reduced cross-section projection (compared to the main body), is a forwardmost portion of the main body extends from the flat surface (taught by Savill and Bykhovsky Fig, 2) with an axial length that is no more than three times a diameter of the protrusion and is less than about 2 mm See figures 2-4 of Bykhovsky above showing the protrusion (at the tip of the electrode) as a forwardmost portion of the main body 3, wherein the protrusion has an axial length less than about 2 mm, based on the diameter d of the electrode being 2 mm (see example 45)
It would have been obvious to one of skill in the art to modify the Savill device to include the tip protrusion suggested by the teachings of Bykhovsky with respect to the cathode construction in order to provide the benefits taught by Bykhovsky with respect to being used inaccessible spots due to the electrodes of small diameters. One of skill would be motivated to provide the small size in order to provide more precise thermal spray patterns to the Savill device.
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Alternately,
Savill discloses in reference to claim:
A thermal spray plasma gun cathode, comprising: a main body 131 having a first end (shown at A in figure 4 below) ); in which the first end comprises a flat surface normal to a longitudinal axis of the main body; and a second end (opposite 132);
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Savill does not explicitly disclose wherein the protrusion extends in a direction of the longitudinal axis from the flat surface of the first end of the main body and has an emission zone diameter that is less than about 4 mm, and wherein the protrusion is one of a reduced diameter or reduced cross-section projection, is a forwardmost portion of the main body and extends from the flat surface with an axial length that is no more than three times a diameter of the protrusion and is less than about 2 mm.
Bykhovsky discloses a cathode assembly construction for a gas-discharge apparatus including a cathode construction having a protrusion extending from the first (distal) end of the cathode including a diameter or cross-section that tapers greatly from the main body of the cathode (see Figures 1-4 below).
Bykhovsky further discloses that the construction of the non-consumable electrode of FIG. 2 is primarily employed for argon-arc welding as well as in gas-discharge apparatus. As such Bykhovsky teaches a cathode construction suitable for a gas-discharge apparatus such as a thermal spray plasma gun.
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Bykhovsky discloses in many examples a diameter (d ) of the active portion of the cathode that is less than about 4mm. As such, Bykhovsky can be said to disclose the protrusion has an emission zone diameter that is less than about 4 mm, and wherein the protrusion is one of a reduced diameter or reduced cross-section projection (compared to the main body), is a forwardmost portion of the main body extends from the flat surface (taught by Savill and Bykhovsky Fig, 2) with an axial length that is no more than three times a diameter of the protrusion and is less than about 2 mm See figures 2-4 of Bykhovsky above showing the protrusion (at the tip of the electrode) as a forwardmost portion of the main body 3, wherein the protrusion has an axial length less than about 2 mm, based on the diameter d of the electrode being 2 mm (see example 45)
It would have been obvious to one of skill in the art to modify the Savill device to include the tip protrusion suggested by the teachings of Bykhovsky with respect to the cathode construction in order to provide the benefits taught by Bykhovsky with respect to being used inaccessible spots due to the electrodes of small diameters. One of skill would be motivated to provide the small size in order to provide more precise thermal spray patterns to the Savill device.
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3. (Currently amended) The cathode of claim 1, wherein a base diameter or base cross-section of the protrusion has at least one of a is smaller diameter or smaller cross-section than any diameter or cross-section of any other portion of the main body. See figures above and Examples –the base diameter of the protrusion of Bykhovsky in figure 3.
4. The cathode of claim 1, wherein the first end is a first material and the second end is a second material. See figures above and Examples
5. The cathode of claim 1, wherein the first and second ends are different materials. See figures above and Examples
6. The cathode of claim 1, wherein an outer ring C of the flat surface of the first end (of the main body 1) surrounds the protrusion See figures above and Examples, see Fig. 3
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7. The cathode of claim 1, wherein the first end has a frustoconical surface 132 Terminating in the flat surface A.
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9. The cathode of claim 1, wherein the protrusion is between about 0.5 mm and about 2.0 mm in diameter and projects at least 0.5 mm and less than about 2 mm from the flat surface A of the first end. See figures above and Examples
10. The cathode of claim 2, wherein the first material is tungsten or doped tungsten. See figures above and Examples -- A preferred embodiment of the invention is to make the active portion of the non-consumable electrode from powder in which tungsten is used as a refractory metal in amounts of from 65 to 95% by weight and taken as the emission admixtures are rare-earth metals or their compounds.
11. The cathode of claim 1, wherein the first end of the cathode is an emission end (active portion).
12. The cathode of claim 4, wherein the second material is copper. See Bykhovsky figure 2
The holder 1 may be made of the metals of Groups I, III, IV, V, VI and VIII of the periodic system. For example, the holder may be made of copper, steel, or aluminum for non-consumable electrodes intended for operation at currents from 0.1 to 30 A.
13. (Currently amended) The cathode of claim 1, wherein the cathode is water cooled at (Y) a plane perpendicular to a center axis (X)of the main body at the second end. See Savill fig. 3 –element 170, 140, 121. In the assembled configuration, water flow may be carried between the gun body, through the cathode, and back out to a return water flow channel.
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14. The cathode of claim 1, wherein the protrusion is coaxially aligned with a center axis of the main body. See figures of Savill and Bykhovsky showing center axis alignment
15. A method of using the cathode of claim 1, comprising: mounting the “thermal spray plasma gun” cathode inside a plasma gun; and generating an arc discharge via the protrusion. See Savill--- As can be readily seen, the cathode 10 has a mounting portion 20 and a tip 30 from whose front end 32 a plasma arc discharges in a continuous manner during plasma spraying.
16. A method of using the cathode of claim 1, wherein the protrusion limits a size of an emission zone or spray area. Note the size of the active portion of the cathode controls at least in part the emission zone.
17. A method of using the cathode of claim 1, wherein the protrusion increases current density in an emission zone. Note that the protrusion having a decreased cross-section leads to an increase in current density in the active portion (emission zone). As evidence that the decreased cross-section implies a current density increase see, Matossian. Matossian discloses wherein s protrusion increases current density in an emission zone (an emitting tip 6 allows increased current density in an emission area; column 5. lines 14-49).
Claim(s) 41-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Savill in view of EP 0933982A2 and Bykhovsky et al. (US 4392047).
Savill discloses a thermal spray plasma gun cathode construction including a consumable cathode, the cathode having a first end and a second end, but does not disclose in reference to claim:
41. (Original) A method of modifying a thermal spray plasma gun cathode, comprising:
removing the “thermal spray plama gun” cathode from the plasma gun, performing metal removing or machining on the first end of the cathode in order to shape the first end with a flat surface normal to a longitudinal axis of the cathode and a forwardmost portion or an arc discharging end so as to have a single centrally disposed and axially oriented protrusion extending from the flat surface of the first end, wherein a base diameter or a base cross- section of the protrusion is smaller than a diameter or cross-section of the flat surface of the first end and the protrusion extends from the flat surface fo the first end with an axial length that is no more than three times a diameter of the protrusion and is less than about 2mm; and reinstalling the “thermals spray gun” cathode on the plasma gun.
Note EP 0933982A2 discloses due to the inevitable wear of a cathode 19, it must be reworked after a certain number of operating hours. Note that cathode 19 of ‘982 presents as a shape having a forwardmost portion or an arc discharging end so as to have a single centrally disposed and axially oriented protrusion extending from the first end (see figure 2). To do this, it is necessary to disassemble the plasma generator and regrind the cathode. Then the cathode with respect to the anode again to be set very precisely the intended machining of a workpiece, e.g. the applying a weld seam or applying a metal layer {i.e. coating process}, to be able to perform.
EP 0933982A2 does not explicitly disclose the wherein a base diameter or a base cross- section of the (reground) protrusion is smaller than any diameter or cross-section of any other portion of the main body of the cathode. Bykhovsky discloses an electrode tip (cathode) wherein the forwardmost or arc discharging end is formed such as to form a single centrally disposed and axially oriented protrusion, wherein a base diameter or a base cross- section of the (reground) protrusion is smaller than any diameter or cross-section of any other portion of the main body of the cathode. See Fig. 3.
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It would have been obvious to one of skill in the art in view of EP0933982A2 and Bykhovsky to regrind the cathode of Savill such that it is formed such as to form a single centrally disposed and axially oriented protrusion (as taught by Bykhovksy) as it was known in the art to provide with predictable results an electrode of that shape.
42. (Original) The method of claim 41, further comprising operating the thermal spray plasma gun with a power during the application of a coating material, said power being a lower power compared to a power used in operating the thermal spray plasma gun before the cathode is modified.
Note Bykhovsky discloses the shape of the electrode in Fig. 4 allows for a low cathode voltage drop. As such one of skill in the art would understand that the use of the plasma gun for the intended use of applying a coating (see Savill and EP 0933982A2) after regrinding the electrode tip to the shape suggested by Bykhovsky would consume lower power than prior to regrinding the electrode tip.
44. (New) The cathode of claim 3, wherein the diameter or cross-section of the main body ranges from about 5 mm to about 19 mm.
Note that Bykhovsky teaches the use of a main body portion of the electrode being substantially larger in diameter than the protrusion (active portion) in figure 3 when used in applications using higher amperage of 100A or more. Coupled with the disclosure in the examples of a tip portion being between 0 and 4mm, the substantially increased diameter would obvioiusly be larger than 4mm. As the claimed range begins at 5mm, one of skill would find it obvious that “substantially increased” diameter would be above 5mm which is within the claimed range.
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46. (New) The method of claim 41, wherein the single centrally disposed and axially oriented protrusion shaped from the forwardmost portion or the arc discharging end of the first end has a base diameter between about 0.5 mm and about 2.0 mm and extends at least 0.5 mm and less than about 2 mm from a surrounding surface of the first end.
See figure 4 of Bykhovsky above showing the protrusion (at the tip of the electrode B) as a forwardmost portion of the main body 3, wherein the protrusion has an axial length less than about 2 mm, based on the diameter d of the electrode being 2 mm (see example 45) .
One of skill in the art would find the claimed ranges regarding diameter and length obvious from the figures and examples.
47. (New) A thermal spray plasma gun cathode, comprising: a main body 131 having a tip end and a second end, in which the tip end includes a first end portion y or 132 and a protrusion portion z or G and the first end portion is shaped to decrease in diameter from an outer diameter of the main body to the protrusion portion; and a protrusion (tip) extending from the protrusion portion of the tip end in a longitudinal direction of the main body,
See the above discussion mutatis mutandis.
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Savill and Bykhovsky do not explicitly discloses wherein the outer diameter of the main body (131) is about 5 mm to 19 mm and the protrusion has a base diameter of about 0.5 mm to 2 mm and extends about 0.2 mm to 2 mm from the protrusion portion.
Savill in view of Bykhovsky discloses the claimed invention except with respect to the specific diameter (size) of the claimed elements. It would have been obvious to one of skill in the art having the knowledge, creativity and common sense that is brought to bear when considering modifications and combinations to provide the outer diameter of the main body (131) is about 5 mm to 19 mm and the protrusion has a base diameter of about 0.5 mm to 2 mm and extends about 0.2 mm to 2 mm from the protrusion portion since such a modification would involve only a mere change in the size of a component –in this case either the main body portion or the protrusion or protrusion portion. Scaling up or down of an element with merely requires a change in size is generally considered with the skill and common sense of the artisan. One would have been motivated to provide various sizes for the main body to provide more universal applications while maintaining the tip portions to achieve the intended goal of focused energy.
8. The cathode of claim 47, wherein the first end portion has a dome shaped surface and the protrusion portion is arranged at an apex of the dome shaped surface. Note that Savill teaches the conical end at 132 as well as a domed end in Fig. 18 as known prior art. The modification of the protrusion as taught by Bykhovsky to the cathode construction in Fig. 18 would lead to the the protrusion projects from a dome shaped surface of the first end.
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45. | (New) The cathode of claim 47, wherein the protrusion extending from the protrusion portion of the tip end is one of dome shaped, pointed, stepped, stepped and pointed, ringed recess shaped or stepped and ringed recess shaped. Note the protrusion as suggested can be interpreted as dome shaped.
48(New) The thermal spray plasma gun cathode according to claim 47, wherein the first end portion is shaped to continuously decrease in diameter from an outer diameter of the main body to the protrusion portion.
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49 (New) The thermal spray plasma gun cathode according to claim 47, wherein the first end portion is shaped to discontinuously decrease in diameter from an outer diameter of the main body to the protrusion portion. See below.
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Response to Arguments
Applicant argues the Examiner has erred in rejecting claims 1, 3 - 17 under 35 U.S.C. § 103 as being
unpatentable over SAVILL, Jr. et al. (U.S. Patent No. 9,142,390) [hereinafter "SAVILL, Jr."] in
view of BYKHOVSKY et al. (U.S. Patent No. 4,392,047) [hereinafter "BYKHOVSKY"], with
evidence provided by MATOSSIAN (U.S. Patent No. 4,994,711).
Applicant submits that a person ordinarily skilled in the art would have found no discernible teaching in SAVILL, Jr. that tip 130 includes a flat surface normal to the longitudinal axis of the main body, as recited in at least Applicant's independent claim 1. SEE Examiner’s explanation regarding the interpretation above with respect to claim 1.
Applicant submits that, while BHYKOVSKY discloses a diameter (d) of an active portion of the cathode in the range of 1.5 mm (see Example 11) to 4 mm (see Example 22) and heights (h) of the exposed outer side surface of the active portion of the cathode ranging from 2.5 mm (see Example 15) to 6 mm (see Example 29), BHYKOVSKY remains silent on dimensions of the protuberance of active portion 2. It is noted that the active portion taught by BHYKOVSKY is interpreted as the claimed protrusion, as such the sizes explicitly and impliedly disclosed by BHYKOVSKY meet the claim limitations. Further changes to diameters of similar relative scale are within the common sense and creativity of the artisan.
Applicant submits that the drawings cannot be relied upon to arguably suggest any specific
dimensions for the protuberance of BYKHOVSKY's active portion 2, such that a person
ordinarily skilled in the art would have found no suggestions that the protuberance of active
portion 2 extends with an axial length that is no more than three time a diameter of the
protrusion and is less than about 2 mm, as in Applicant's independent claim 1.
Examiner relies on the BHYKOVSKY drawings to suggest relative sizes and scales to which changes would be obvious.
Bhykovsky is not limited explicitly to low currents, but teaches higher currents above 100A .However, the use of said materials to fabricate the holder 1 for non-consumable electrodes of FIG. 1 intended for operation at currents of 100 A and more is not advisable due to the fact that the diameter D of the holder 1 should be substantially increased. In this case the holder 1 should be made of high-melting materials, such as tungsten, molybdenum, and tantalum.
It remains noted that the description of the claimed cathode as part of a thermal spray plasma gun does not add any specific structure
Applicant’s arguments with respect to claim(s) 1, 3-17, 41-42, 44-49 have been considered but are not persuasive. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc