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 .
Status of Claims
Claims 1-2, 5-12, and 18-19 are examined.
Claims 13-17 are withdrawn.
Response to Amendment
The amendments to the claims overcome the previous 35 U.S.C. 103 and 112 rejections. Therefore, the rejections are withdrawn. However, see the new 35 U.S.C. 103 and 112 rejections, necessitated by amendment.
The amendments to the claims and specification over the previous claim and specification objections. Therefore, the objections are withdrawn. However, see the new specification and drawing objections below.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the drawings do not depict the propulsion-producing device as a worm conveyor with the joined bars having a guide groove and the channel having a guide interacting with the guide groove as recited in the instant specification on p. 3, first paragraph from top, and p. 6, fourth paragraph from top ([0011] and [0035] in corresponding US Patent Application Publication US 2022/0168816 A1). The drawings depict propulsion-producing device 20 in FIG. 1-2 as a block with a threaded channel 6, but does not depict a guide groove of the joined bars, and the channel having a guide (web) interacting with the guide groove of the joined bars. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claim 1, 5, and 11 are objected to because of the following informalities:
Claim 1:
line 3 - “the starting material is bars” should read “the starting material are bars” for grammar
fifth from last line - “a feeder (2) for starting material” should read “the products from the thixotropic metal alloy” based on the original claim reciting “the product” and to recite to “products from a thixotropic metal alloy” in claim 1, line 2
last 2 lines - “wherein the channel (6) contains a guide web to interact with a guide groove of the joined bars (3)” should read “wherein the channel (6) contains the guide web to interact with the guide groove of the joined bars (3)” to recite to “a guide web/groove system”
Claim 5:
line 1 - “The apparatus according Claim 1” should read “The apparatus according to Claim 1” for grammar
Claim 11:
“an ultrasonic generator (14) for maintaining uniform distribution of globulites and liquid material constituents and/or for cleaning purposes is arranged in the region of the die (11)” should read “an ultrasonic generator (14) arranged in the region of the die (11) and for maintaining uniform distribution of globulites and liquid material constituents and/or for cleaning purposes” for grammar and clarity
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(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 1-2, 5-12, and 18-19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “either a gear conveyor or a worm conveyor in combination with a guide web/groove system, wherein the channel (6) contains a guide web to interact with a guide groove of the joined bars (3)”. It is unclear if the phrase is intended to encompass (a) or (b) or some other interpretation:
(1) gear conveyor or (2) a worm conveyor in combination with a guide web/groove system;
OR
(1) a gear conveyor in combination w/ guide web or (2) worm conveyor in combination with a guide web/groove system
OR
some other interpretation
For examination purposes, claim 1 will be read under interpretation a., in line with the previous claim 3 and 4, which recited “the propulsion-producing device (20) is a gear conveyor or a worm conveyor” in previous claim 3 and “in the case of a worm conveyor, a guide groove/web of the joined bars (3) interacts with a guide web/groove of the channel” in previous claim 4 and in line with the instant specification on p. 3, first paragraph from top, and p. 6, fourth paragraph from top ([0011] and [0035] in corresponding US Patent Application Publication US 2022/0168816 A1).
As claims 2, 5-12, and 18-19 ultimately depend on claim 1, claims 2, 5-12, and 18-19 are rejected for indefiniteness.
Claim 19 recites the limitation “a guide groove/web of the joined bars interacts with a guide web/groove of the channel” in line 2-3. It is unclear if “a guide groove/web of the joined bars” and “a guide web/groove of the channel” is reciting to “guide groove of the joined bars” and “the channel contains a guide web” in claim 1, last two lines, or are reciting additional and separate “a guide groove/web of the joined bars” and “a guide web/groove of the channel”. For examination purposes, the limitation will be read “the guide groove of the joined bars interacts with the guide web of the channel”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 19 recites the limitation “a guide groove/web of the joined bars interacts with a guide web/groove of the channel” in line 2-3. However, claim 1, last two lines requires “guide groove of the joined bars” and “the channel contains a guide web”, and does not recite “a guide web of the joined bars” and “a guide groove of the channel”. Therefore, claim 19 fails to include all the limitations of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 5, 7-10, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer et al., henceforth Bauer (US 2019/0118252 A1) in view of Sachs et al., henceforth Sachs (US 2019/0030602 A1).
Regarding claim 1, Bauer discloses an apparatus (¶ [0037] – additive manufacturing system 100; ¶ [0038] – three-dimensional printer) for an extrusion-based additive manufacture of products from a thixotropic metal alloy (¶ [0075] – extruder 300; suitable for a printer that fabricates an object from a metallic build material as contemplated herein), comprising
a feeder (¶ [0057] – a hermetically sealed container or the like, as a continuous feed; ¶ [0061] – indexed feeding of the build material 102; ¶ [0075] – a source 312) for a starting material (¶ [0057] – build material 102; ¶ [0075] – build material 310 from 312)
wherein the starting material are bars (¶ [0057-0059] – the build material 102 may be provided as a continuous feed (e.g., a wire), may include a metal wire; ¶ [0150] – rod-based feed-stock material) and has a globulitic structure (¶ [0039-0041] – any build material with metallic content that provides a useful working temperature range with rheological behavior suitable for heated extrusion; MCMP (metal-containing multi-phase) build material may be a metal alloy that exhibits a multi-phase equilibrium between at least one solid and at least one liquid phase, such a semi-solid state may provide rheological behavior; ¶ [0055] – metal alloy systems such as A356),
comprising a male and a female end so that the bars can be joined one after the other to form a rod by the male end engaging in the female end (¶ [0057-0059], [0061] – as the build material 102 may be provided as a continuous feed or indexed, the system would be capable of feeding starting material in bar form comprising a male and a female end so that the bars can be joined one after the other to form a rod by the male end engaging in the female end) and
the joined bars being displaceably arranged (¶ [0056] – 102 extruded through one or more nozzles 110) through a channel (¶ [0075] – 302 comprising a nozzle bore 304; a feed path 314) to a heatable die channel (¶ [0075] –102 heated to an extrudable state by one or more heating systems 106) of a die (¶ [0077] – 304 may be any chamber or the like suitable for heating 310, and may include an inlet 305 and an outlet 316),
in which the joined bars are pressed (¶ [0037] – multi-phase metallic build material 102 propelled) by a propulsion-producing device (¶ [0037] – 102 propelled by a drive system 104; ¶ [0038] – build material drive system 308) which engages in corresponding recesses of the joined bars, into the channel, (¶ [0061] –104 may include suitable gears, rollers, compression pistons, or the like for continuous feeding or indexed feeding of 102 into 106; ¶ [0079] – 308 operable to mechanically engage 310 in solid form and advance 310 form 312 into 304 with sufficient force to extrude 310) so that the joined bars simultaneously serve as pistons for extrusion of produced semi-solid material (the system would be capable to feed material pressed by 104, which engages in corresponding recesses of the joined bars, into 304, so that they simultaneously serve as pistons for the extrusion of the produced semi-solid material),
comprising a preheating device in a form of an induction coil (¶ [0062] – heating system 106 to heat a metallic build material, include inductive heating; ¶ [0078] – the heating system 320 to provide additional thermal control; ¶ [0094] – induction coil 320)
including a cap for field concentration, which encloses the channel (¶ [0143]; Fig. 10A-10B – a magnetic flux concentrator 1008 may be installed around the induction coil 1004),
comprising a heater in a form of resistance heating for producing semi-solid processing state of the preheated starting material, which likewise encloses the channel (¶ [0129] – using multiple thermal power sources along the nozzle; multiple separate induction coils may be used, as well as other heat sources, such as resistive heaters, to supplement/assist induction heating or independently heat another section of the nozzle),
comprising an adjustable workpiece table for the products from the thixotropic metal alloy to be built up layer by layer (¶ [0066] – build platform unit 114 may be movable within the build chamber 116; ¶ [0077] – the build material 310 may be deposited in a segment on the build platform unit 318),
wherein, in order to hold the bars (3) in position for the joining, the propulsion-producing device is a gear conveyor (¶ [0061] – 104 may include suitable gears, rollers, compression pistons, or the like for continuous feeding or indexed feeding of 102 into 106; see 35 U.S.C. 112 (b) above for interpretation).
Regarding the limitation “comprising an afterheater in the region of the die”, Bauer discloses thermal power can be added at spaced apart locations near the outlet, or at adjacent locations (¶ [0135]). Fine temperature control arises, enabling building with multi-phase metal containing materials having a narrow working temperature range (¶ [0135]). Although Bauer does not explicitly disclose an afterheater, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an afterheater to add thermal power can be added near the outlet, enabling building with multi-phase metal containing materials having a narrow working temperature range.
Analogous art Sachs discloses a fused filament fabrication apparatus building with metal-containing multi-phase materials or other materials that have a narrow working temperature range (Abstract).
Sachs further discloses an afterheater in a region of the die (¶ [0186] – thermal power conduction through the body of the nozzle from heater 306). A thermally robust nozzle may provide for robust control over the axial temperature profile in the transition zone (¶ [0186]). Robust control of the temperature profile in the transition zone may be advantageous because disturbances to thermal power loading on the nozzle may be inherent in the process (¶ [0186]).
Bauer and Sachs disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the heater heating a nozzle in Sachs to the nozzle bore and outlet in Bauer to provide robust control of the temperature profile in the transition zone may be advantageous because disturbances to thermal power loading on the nozzle may be inherent in the process (¶ [0186]).
The limitation “starting material are bars and has a globulitic structure, comprising a male and a female end so that the bars can be joined one bar after another to form a rod by the male end engaging with the female end” recites the material or article worked upon by the apparatus. Applicant is reminded material or article worked upon does not limit apparatus claims. See MPEP § 2115.
Regarding claim 2, modified Bauer discloses the apparatus according claim 1. Bauer discloses the preheating device, the heater, the die comprising the die channel and the workpiece table are arranged in a housing (¶ [0067-0068] – build chamber 116 houses the build platform unit 114 and the nozzle 110).
Regarding claim 5, modified Bauer discloses the apparatus according claim 1. Bauer further discloses a multi-circuit resistance heater (¶ [0129] - other heat sources, such as resistive heaters). More complex temperature profiles along the extrusion nozzle may be achieved by using multiple thermal power sources along the nozzle; multiple separate induction coils may be used, as well as other heat sources, such as resistive heaters, to supplement/assist induction heating or independently heat another section of the nozzle (¶ [0129]).
Therefore, it would have been obvious to one of ordinary skill in the art to utilize multiple other heat sources, such as resistive heaters, to supplement/assist induction heating or independently heat another section of the nozzle and to achieve more complex temperature profiles along the extrusion nozzle (¶ [0129]).
Regarding claim 7, modified Bauer discloses the apparatus according claim 1. Bauer discloses the producing of the semi-solid processing state of the preheated starting material has a working temperature is approximately 600°C (¶ [0137] – the extrusion nozzle should be made from materials with a melting point much higher than the operating point of the MCMP build material passing through the nozzle; graphite is a suitable choice and may form the nozzle outer body 806; graphite may be used in inert atmosphere up to 1800°C).
Regarding claim 8, modified Bauer discloses the apparatus according claim 1. Bauer discloses wherein the channel in a region of the induction coil for preheating is formed by a sleeve made of glass or ceramic (¶ [0177] – the nozzle outer body may be made from nickel alloy and joining it with a variety of grades of graphite and types of ceramics due to their similar coefficients of thermal expansion throughout the temperature range from room temperature up to operating temperature).
Regarding claim 9, modified Bauer discloses the apparatus according claim 1. Bauer discloses the present teachings apply to metal alloy systems such as A356 (¶ [0055]).
The limitation “starting material in bar form comprising the globulitic structure ready for processing has an average grain size ≤ 100 µm” recites the material or article worked upon by the apparatus. Applicant is reminded material or article worked upon does not limit apparatus claims. See MPEP § 2115.
Regarding claim 10, modified Bauer discloses the apparatus according claim 1. Bauer discloses the die channel has a ceramic nonstick coating (¶ [0176] - the inner nozzle tube can be fabricated from a ceramic). It may be advantageous to use a different nozzle inner tube 808 made from a different material, which different material may be better suited to the second, different build material, than was the original nozzle tube material (¶ [0136]).
Therefore, it would have been obvious to one of ordinary skill in the art to use a “coating” for the nozzle bore as it may be advantageous to use a different nozzle inner tube made from a different material, which different material may be better suited to the second, different build material, than was the original nozzle tube material (¶ [0136]).
Regarding claim 12, modified Bauer discloses the apparatus according claim 1. Bauer discloses wherein a time control is provided, which can be set such that in an event of globulites becoming larger in size leading to clogging of the die (¶ [0183] – the foregoing techniques may be combined with other time varying extrusion feed rate regimes, provided that the aggregate rate profile supports extended clog-free extrusion as contemplated herein; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to time varying extrusion feed rate regimes to support extended clog-free extrusion), extrusion takes place into a waste collector of the workpiece table (¶ [0074] – waste material receptacles 128).
Regarding claim 18, modified Bauer discloses the apparatus according claim 1. Bauer discloses the preheating device, the heater, the die comprising the die channel and the workpiece table are arranged in a housing filled with insert gas (¶ [0067-0068] – build chamber 116 houses the build platform unit 114 and the nozzle 110; the build chamber 116 may form an environmentally sealed chamber, the environmentally sealed build chamber 116 can be purged of oxygen and water, or filled with one or more inert gases in a controlled manner to provide a stable build environment).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US 2019/0118252 A1) in view of Sachs (US 2019/0030602 A1), as applied in claim 1 above, in view of Giolo et al., henceforth Giolo (EP 2998059).
Regarding claim 6, modified Bauer discloses the apparatus according claim 1. Bauer discloses while the object is being printed, the induction coil 320 may be very close to previously printed layers 392 of the object (¶ [0142]).
Bauer and Sachs do not disclose wherein a second induction coil or a laser is deployed in order to subsequently heat the material of the product and/or in order to preheat the layers of the product.
Analogous art Giolo discloses an apparatus 10 (¶ [0019]) where filaments of semisolid metallic material in the thixotropic state are deposited sequentially in layers on a worktable 12 (¶ [0021]). The deposition head is provided with a means 15 for localized preheating along a track of a lower layer of deposited semisolid metallic material, onto which a filament of an upper layer must be deposited (¶ [0025]). The deposition head comprises a hollow body 16 within which there is a piston 17 that is adapted to push the semisolid metallic material outside an extrusion nozzle (¶ [0027]).
Giolo further discloses a laser is deployed in order to preheat the layers of the product (¶ [0026] - the preheating means 15 consist of two laser emitters). The preheating means 15 are activated and strike, with a laser beam, in a localized manner with a spot, the surface of the substrate, where the metallic material must be deposited immediately (¶ [0056]). Heating allows the adhesion of the deposited filament on the substrate 21 (¶ [0056]).
Bauer and Giolo disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the preheating means implemented as lasers in Giolo to the extruder in modified Bauer to allow the adhesion of the deposited filament on the substrate (¶ [0056]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US 2019/0118252 A1) in view of Sachs (US 2019/0030602 A1), as applied in claim 1 above, in further view of Fulop et al., henceforth Fulop (US 2017/0252851 A1).
Regarding claim 11, modified Bauer discloses the apparatus according claim 1. Bauer and Sachs do not disclose wherein an ultrasonic generator for maintaining uniform distribution of globulites and liquid material constituents and/or for cleaning purposes is arranged in the region of the die.
Analogous art Fulop discloses a liquefaction system 106 may include a shearing engine to create shear within the composite as it is heated in order to maintain a mixture of the metallic base and the second phase, or to maintain a mixture of various phases of alloys or the like in the metallic base or to otherwise control homogeneity or agglomeration within the mixture, or any combination of these (¶ [0033]). In another aspect, one or more ultrasonic transducers may be used to introduce shear within the heated material (¶ [0033]).
Fulop further discloses an ultrasonic generator (¶ [0037] - nozzle includes one or more ultrasound transducers 130) for maintaining uniform distribution of globulites and liquid material constituents (¶ [0037] - the ultrasound energy may facilitate extrusion by mitigating clogging by reducing adhesion of a build material to an interior surface of the nozzle 110) is arranged in the region of the die (¶ [0033] – liquefaction system 106). In another aspect, an ultrasonic transducer 130 may be used to encourage a relatively high-viscosity composite material to deform and exit through a pressurized hot-end of the nozzle 110 (¶ [0052]).
Bauer and Fulop disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the shearing engine as an ultrasonic/ultrasound transducer in Fulop to the nozzle in modified Bauer to create shear within the composite as it is heated in order to maintain a mixture of the metallic base and the second phase, or to maintain a mixture of various phases of alloys or the like in the metallic base or to otherwise control homogeneity or agglomeration within the mixture, or any combination of these (¶ [0033]), to facilitate extrusion by mitigating clogging by reducing adhesion of a build material to an interior surface of the nozzle (¶ [0037]), and to encourage a relatively high-viscosity composite material to deform and exit through a pressurized hot-end of the nozzle (¶ [0052]).
The limitation “for maintaining uniform distribution of globulites and liquid material constituents and/or for cleaning purposes is arranged in the region of the die” recites a manner of operating the device for an intended use. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114 (II).
As modified discloses a ultrasonic transducer (Fulop ¶ [0037]), the ultrasonic transducer is capable of performing the intended use of “for maintaining uniform distribution of globulites and liquid material constituents and/or for cleaning purposes is arranged in the region of the die.” The limitation does not add further structure to the claimed apparatus and thus because the ultrasonic transducer in modified Bauer is capable of performing the intended use, it meets the limitations as claimed.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US 2019/0118252 A1) in view of Sachs (US 2019/0030602 A1), as applied in claim 1 above, in further view of Hufnagl et al., henceforth Hufnagl (US 4294870).
Regarding claim 19, modified Bauer discloses the apparatus according claim 1. Bauer and Sachs does not disclose when the propulsion-producing device is the worm conveyor, the guide groove of the joined bars interacts with the guide web of the channel in order to hold the bars in position for the joining.
Hufnagl discloses a wire 2 enters an internally threaded hollow shaft 3, which communicates its inlet portion with 10 and its outlet portion with a nozzle 4 (c. 3, L 12-20).
Hufnagl further discloses when the propulsion-producing device is the worm conveyor (c. 3, L 12-20 – rotary movement of 3 which acts as an internal worm conveyor), a guide groove of the joined bars (interpreted as material worked upon) interacts with a guide web of the channel (c. 4, L 43-46 – 3 defining a tapering passage having internal threads; Fig. 1 depicts 3 with threads or “a guide web”, 3 defines the passageway and is considered a part of the “channel”) in order to hold the bars in position for the joining.
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Hufnagl Fig. 1
Bauer and Hufnagl disclose an apparatus with the same or similar components performing the same or similar function in regards to feeding a material wire. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the shaft comprising a worm conveyor in Hufnagl to the drive system in Bauer to guide the wire and discharge through a nozzle at the outlet opening of the shaft (c. 2, L 20-30).
The limitation “in order to hold the bars in position for the joining” recites a manner of operating the device for an intended use. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114 (II).
As Hufnagl discloses that the shaft acting as an internal worm conveyor has threads, the threads are capable of performing the intended use of “in order to hold the bars in position for the joining.” The limitation does not add further structure to the claimed apparatus and thus because the treads in Hufnagl are capable of performing the intended use, it meets the limitations as claimed.
The limitation “a guide groove of the joined bars” recites the material or article worked upon by the apparatus. Applicant is reminded material or article worked upon does not limit apparatus claims. See MPEP § 2115.
Response to Arguments
Applicant's arguments filed August 12, 2025 have been fully considered but they are not persuasive.
Applicant argues through post-filing experimentation and production-scale testing the applicant confirmed statements A.-D. on page 8-9.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant argues the prior art does not teach or suggest an afterheater at the outlet.
The claim recites “an afterheater in a region of the die”. The afterheater does not have to be “at the outlet” as argued by applicant. As Bauer discloses Bauer discloses thermal power can be added at spaced apart locations near the outlet, or at adjacent locations (¶ [0135]). Fine temperature control arises, enabling building with multi-phase metal containing materials having a narrow working temperature range (¶ [0135]). Although Bauer does not explicitly disclose an afterheater, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an afterheater to add thermal power can be added near the outlet, enabling building with multi-phase metal containing materials having a narrow working temperature range.
Analogous art Sachs discloses a fused filament fabrication apparatus building with metal-containing multi-phase materials or other materials that have a narrow working temperature range (Abstract).
Sachs further discloses an afterheater in a region of the die (¶ [0186] – thermal power conduction through the body of the nozzle from heater 306). A thermally robust nozzle may provide for robust control over the axial temperature profile in the transition zone (¶ [0186]). Robust control of the temperature profile in the transition zone may be advantageous because disturbances to thermal power loading on the nozzle may be inherent in the process (¶ [0186]).
Bauer and Sachs disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the heater heating a nozzle in Sachs to the nozzle bore and outlet in Bauer to provide robust control of the temperature profile in the transition zone may be advantageous because disturbances to thermal power loading on the nozzle may be inherent in the process (¶ [0186]).
Applicant argues amended claim 1, which incorporates previous claims 3-4, is not taught by the prior art, particularly that Dworog does not disclose the presently claimed gear or worm conveyor in combination with a guide web/groove system specifically adapted to feed joined bars with preserved alignment and without twisting.
The argument is addressed in the 35 U.S.C. 112 and 103 rejections above.
As written and interpreted in the 35 U.S.C. 112 section above, the claim requires either (1) gear conveyor or (2) a worm conveyor in combination with a guide web/groove system. Bauer in view of Sachs meets the limitation “gear conveyor” as presented in the U.S.C. 103 rejection of claim 1 above.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., preserved alignment and without twisting) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754