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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/02/2024, 9/18/2024, 11/22/2024 & 5/12/2025 have been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Claims 1-7 and 8-10 in the reply filed on 10/13/2025 is acknowledged.
Claims 11 and 12-1 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/13/2025.
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.
Claim 7 is 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 7 recites the limitation "the " in lin. There is insufficient antecedent basis for this limitation in the claim as not melted wax has been referenced prior. For examination purposes the limitation is read as “the wax”.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walther (DE102017003020A1; of record translation as provided).
Regarding claim 1, Walther teaches a method of dispensing spray wax (paragraphs 0001-0002, method of operating a hot glue application system…and waxes; paragraph 0014, spraying) comprising:
providing a wax dispensing system (100 in Figure 1; paragraph 0059) comprising a hot melting machine (melting device 1) and a heated dispensing gun (application device 8; paragraph 0060, they have their own heating devices 13, 13'), wherein the hot melting machine and the heated dispensing gun are connected via a heated hose (hot-melt hose 3);
opening a solenoid valve to start a flow of wax from the hot melt machine (application valves 2; paragraphs 0005, 0061, heatable application valves ensure the dosing and positioning of a portion of hot glue to be applied to the product to be bonded via an electrically or electro-pneumatically operated closing device and a nozzle);
dispensing the wax from the heated dispensing gun (paragraphs 0005, 0061, applied via the application valves 2 with the required viscosity and temperature); and
closing the solenoid valve to stop the flow of wax (paragraphs 0005, 0061, applied via the application valves 2 with the required viscosity and temperature).
Regarding claim 7, Walther further discloses the multi-zone temperature control and monitoring ensures that the target temperature of the tank heating zones is reached and maintained and, via several external connections, that the target temperature for connected heatable hot melt hoses 3 and heatable application valves 2 is reached and maintained, as well as for their monitoring; paragraph 0063, ).
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, 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.
Claim(s) 3-4, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Walther.
Regarding claims 3 and 4, Walther teaches all the elements of claim 1, but does not disclose a programmable logic controller (PLC) is configured to open and close the solenoid valve; nor the PLC opens the solenoid valve for a pre-determined amount of time, wherein the same amount of wax is dispensed over multiple dispensings.
However, Walther discloses the use of a control system (6 in Figure 1) which controls the temperature of the material (paragraphs 0004-0005, 0047, 0049) as well as monitors and activates a bypass arrangement (9) based on flow of the material (paragraph 0069). As Walther discloses the application valves are electrically controlled (i.e., solenoid), it would have been obvious for one skilled in the art to have utilized the same control system to open and the close the application valves and regulate the time and amount of material dispensed by the valve for improve control and/or automation of the dispensing.
Regarding claim 8, Walther teaches a spray wax dispensing system (100 in Figure 1; paragraphs 0001-0002) comprising:
a hot melting machine (melting device 1) and a heated dispensing gun (application device 8; paragraph 0060, they have their own heating devices 13, 13'), wherein the hot melting machine and the heated dispensing gun are connected via a heated hose (hot-melt hose 3);
a solenoid valve to start and stop a flow of wax from the hot melt machine (application valves 2; paragraphs 0005, 0061, heatable application valves ensure the dosing and positioning of a portion of hot glue to be applied to the product to be bonded via an electrically or electro-pneumatically operated closing device and a nozzle);
wherein a controller (6) which is configured to control the temperature of the hot melting machine, the heated hose and the heated dispensing gun (paragraph 0003, an electronic control system with multi-zone temperature control… and monitoring ensures that the target temperature of the tank heating zones is reached and maintained and, via several external connections, that the target temperature for the connected heatable delivery hoses and heatable application valves is reached and maintained, as well as monitored.).
Walther does not disclose a programmable logic controller (PLC) causes the opening and closing of the solenoid valve; nor the controller is a proportional-integral-derivative (PID) controller. However, as discussed, Walther discloses the use of a control system (6 in Figure 1) which controls the temperature of the material (paragraphs 0004-0005, 0047, 0049) as well as monitors and activates a bypass arrangement (9) based on flow of the material (paragraph 0069). As Walther discloses the application valves are electrically controlled (i.e., solenoid), it would have been obvious for one skilled in the art to have utilized the same control system to open and the close the application valves and regulate the time and amount of material dispensed by the valve for improve control and/or automation of the dispensing. While Walther does not disclose the controller being a PID controller, it is submitted one of ordinary skill in the art would have found it obvious to use a PID controller as good engineering practice (i.e, to reduce response time of the feedback and provide greater accuracy of the parameters being controlled)
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Walther, in view of Hogstrom (US 3,819,403A).
Regarding claims 5 and 6, Walther teaches all the elements of claim 1, but does not disclose the heated dispensing gun comprises a nozzle having needle retraction and extension; wherein the heated dispensing gun nozzle provides binary control of wax dispensing.
Hogstrom teaches a method of dispensing spray wax (Abstract), comprising: providing a wax dispensing system (Figure 1) comprising a heated reservoir (40; col. 6, lines 47-48) and a spray gun (35; col. 6, line 19); opening a solenoid valve to dispense wax from the spray gun (37; col. 6, lines 21-23); and closing the solenoid to stop the flow of wax (col. 6, lines 23-24, to open and close a check valve of the gun). Further, the spray gun comprises a needle therein (55 in Figure 4) which retracts and extends in a nozzle of the spray gun (48) to provide binary control of wax dispensing (col. 7, lines 3-9, lines 19-22). As both Walther and Hogstrom relate to systems and methods for dispensing wax, one of ordinary skill in the art could have substitute the spray gun and nozzle of Hogstrom for that of Walther and the results would have been predictable to one skilled in the art. One would have been motivated to use a gun/nozzle having the structure of Hogstrom to prevent drippage of wax therefrom. Further, as both Walther and Hogstom disclose guns operated via solenoids, one skilled in the art would have a reasonable expectation of success in making the substitution.
Claim(s) 2 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Walther as applied to claims 1 and 8 above, and further in view of Borcea (US 2002/0104900 A1).
Regarding claim 2, Walther teaches all the elements of claim 1, but does not disclose the heated dispensing gun is removably attached to a distal end of a robot arm.
Borcea teaches a spray head for dispensing a wax (12 in Figure 1; paragraph 0023). The spray head is removably attached to a distal end of a robot arm (10), which enables automation of the dispensing of wax (paragraphs 0002, 0005, 0025) and allows different spray head to be readily movable and adapted for different spray patterns. One of ordinary skill in the art could have combined the robot arm to the spray gun of Walther by known methods, and the results of the combination would have been predictable to one skilled in the art. One would have been motivated to make the combination to automate the dispensing of wax from the spray gun, as disclosed by Borcea. In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). The court held that broadly providing an automatic or mechanical means (Note: with no specific) to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.
Regarding claim 9, Walther teaches all the elements of claim 1, but does not disclose the the system is used in conjunction with an automated robotic system.
Borcea teaches a system (14 in Figure 2; paragraph 0024) for dispensing a wax, comprising: a spray head (12 in Figure 1; paragraph 0023). The spray head is removably attached to a distal end of a robot arm (10), which enables automation of the dispensing of wax (paragraphs 0002, 0005, 0025) and allows different spray head to be readily movable and adapted for different spray patterns. One of ordinary skill in the art could have combined the robot arm to the spray gun of Walther by known methods, and the results of the combination would have been predictable to one skilled in the art. One would have been motivated to make the combination to automate the dispensing of wax from the spray gun, as disclosed by Borcea. In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). The court held that broadly providing an automatic or mechanical means (Note: with no specific) to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.
Regarding claim 10, Walther, as modified by Borcea, teaches all the elements of claim 9 and further discloses the heated dispensing gun is removably attached to a distal end of a robot arm (10 in Figure 1 of Borcea).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hogstrom.
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/VIRAK NGUON/Examiner, Art Unit 1741 10/24/2025