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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1 – 10, in the reply filed on 04/14/2026 is acknowledged. Claims 11 – 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Claims 1 – 10 are currently pending.
Drawings
The drawings are objected to because FIGS. 5b and 5c are photograph drawings. “b) Photographs. - (1) Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g., immunological, western, Southern, and northern), auto- radiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent”, MPEP 608.02.V. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 – 10 are objected to because of the following informalities:
Regarding claim 1, this claim recites, in the first line, the limitation "…for the production of graphene " that should read “… for a production of graphene” to avoid antecedence issues in the claim. Claims 2 – 10 inherit this objection n by virtue of their dependency.
Regarding claim 8, this claim that depends from claim 7 recites, in lines 1 – 2, the limitation “…comprises a temperature measurement of a sample…” that should read “…comprises the temperature measurement of the sample…” to refer to the antecedence given in claim 7. Further, the claim’s recitation of “wherein” followed by “comprising” is poor grammar. The examiner suggests amending the claim to recite “wherein the temperature measurement of the sample of the feedback signal comprises the mean value of the output of multiple temperature sensors” to avoid the informalities. 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 – 10 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.
Regarding claim 1, this claim recites “…a flash joule heating…”, line 2 of the claim, and it is not clear what the term “flash joule heating” meant, as the specification does not provide a clear definition of the term. The metes and bounds of “flash joule heating” is not clear from the disclosure, rendering the claim indefinite.
Claim Rejections - 35 USC § 102
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 – 4, 7 and 9 – 10 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Sportelli P (EP 3376824 A1) and hereinafter “Sportelli”
Regarding claim 1, Sportelli discloses a system for the production of graphene (electrical electronic equipment for heating workpieces, (0014 and see FIG.1), *Note- “for the production of graphene” is considered as a preamble limitation reciting purpose or intended use of the invention fully and intrinsically set forth in the body of the claim, MPEP 2111.02. II. As such, no patentable weight is given to the limitation), the system comprising:
a flash joule heating system (an electrical/electronic heating equipment 1 for heating a workpiece 5, see FIG.1, the heating equipment is a flash joule heating system that directly applies the electric current to the workpiece 5 to be heated at a high heating rate, (0007 – 0008); and
a variable frequency drive system for driving the flash joule heating system (adjustable power driver 2 providing a variable frequency and power output for heating the workpiece, (0013 – 0016 and see FIG.1)); wherein the variable frequency drive system is coupled to the flash joule heating system (the adjustable power driver 2 is coupled to the electrical/electronic heating equipment, see FIG.1).
Regarding claim 2, Sportelli discloses the system of claim 1, wherein the variable frequency drive system comprises a pulse width modulated output (the adjustable power driver 2 utilizes "Pulse Width Modulation" (PWM) to obtain a variable frequency and voltage output, (0015)).
Regarding claim 3, Sportelli discloses the system of claim 1, wherein the variable frequency drive system comprises an insulated gate bipolar transistor for switching an output of the variable frequency drive system (the adjustable power driver 2 utilizes a network of "IGBT'S” insulated gate bipolar power transistors 23 that control the variable frequency and voltage output, (0015 and see FIG.1)).
Regarding claim 4, Sportelli discloses the system of claim 1, wherein the system comprises a variable frequency controller for varying an output of the variable frequency drive system (the adjustable power driver 2 comprises control unit 24 (microprocessor) responsible for the "IGBT'S" firing" control, (0015 and see FIG.1)).
Regarding claim 7, Sportelli discloses the system of claim 1, wherein an output of the variable frequency drive system is adjusted according to a feedback signal of a temperature of a sample (the adjustable power driver 2 output is adjusted via a feedback signal from temperature sensors 32 or thermal cameras, electric current meters, electric voltage meters etc. by a heating and data acquisition controller 3, (0017, see FIGS. 1 – 2)).
Regarding claim 9, Sportelli discloses the system of claim 7, wherein the output of the variable frequency drive system is adjusted according to a proportional integral derivative control scheme (the heating controller and data acquisition 3 implements PID - Proportional Integral Derivative Control scheme to provide the electrical power (voltage and current) necessary for achieving the homogeneous heating of the workpiece 5 via an adjustable power driver 2, (0014, see FIGS.1 – 2 and claim 5).
Regarding claim 10, Sportelli discloses the system of claim 9, where the proportional integral derivative control scheme is a dynamic proportional integral derivative control scheme, wherein the proportional integral derivative parameters are varied according to the feedback signal (the implemented PID - Proportional Integral Derivative Control scheme is a closed loop control characterized in receiving feedback signals through the heating and data acquisition 3 to set operating parameters, (0014, see FIGS.1 – 2 and claims 5 – 6)).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is/are rejected under 35 U.S.C.103 as being unpatentable over Sportelli in view of Lee et al. (KR 20180039921 A) and here in after “Lee”.
Regarding claim 5, Sportelli discloses the system of claim 1, wherein the flash joule heating that achieves a high heating rate allowing the workpiece to reach flash heating rates of up to 400°C/sec, (0008).
Sportelli does not explicitly teach that the system heats a sample to a maximum temperature of 3000°c.
However, Lee that relates to Joule heating by direct current for local heating of metal sheets or parts, (0009), also teaches the joule heating apparatus can heat the metal plates by energizing the heating electrodes at any required temperature or temperature range within preferably 500 to 600°C or 900°C to 1000°C or higher depending on the type of metal sheet to be joule heated, (0026, 0039 – 0040 and 0051). Heating a workpiece (sample) to a required temperature (up to a maximum temperature of 3000° C) is a mere result effective variable that can be routinely optimized by ordinary skill in the art based on a temperature requirement of the sample or workpiece, MPEP 2144.05.
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to make Sportelli’ s joule heating system to heat a sample to a maximum temperature of 3000° C, as doing so is a mere routine optimization that is within ordinary skill in the art. POSITA apprised of the high rate joule heating system that heats at rates up to 400°C/sec in metal hot stamping applications would simply and routinely set the maximum temperature to be 1000°C or higher or to a maximum temperature of 3000°c depending on the type of metal sheet to be joule heated as taught in Lee.
Claim 6 is/are rejected under 35 U.S.C.103 as being unpatentable over Sportelli in view of Zhao et al. (CN 113134537 A) and hereinafter “Zhao”.
Regarding claim 6, Sportelli discloses the system of claim 1, wherein the variable frequency drive system outputs a pulse width modulated current, (0015).
Sportelli does not explicitly teach the pulse width modulated current output is within a frequency between 100Hz and 10000Hz.
However, Zhao that relates to an ultra-thin metal corrugated sheet forming device by joule heating with high frequency pulse power supply, which is adapted to be electrically connected to the metal sheet, (0012 and 0053), also discusses the pulse current preferably is within a frequency 100 – 6000Hz to affect the required current density for the rapid joule heating of the workpiece, (0065).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the pulse width modulated current output of Sportelli to be within a frequency 100 – 1000Hz in order to affect the required current density and joule heating of the workpiece as taught in Zhao.
Claim 8 is/are rejected under 35 U.S.C.103 as being unpatentable over Sportelli in view of Muneishi (US 20200275528 A1) and hereinafter “Muneishi”.
Regarding claim 8, Sportelli discloses the system of claim 7, wherein the feedback signal comprises a temperature measurement of a sample by the temperature sensors 32 and determining the output value by executing a pre-set logic or algorithm, (0017).
Sportelli does not explicitly teach the temperature measurement of the sample by temperature sensors comprising the mean value of the output of multiple temperature sensors.
However, Muneishi that relates to an electric heater and heater system (0001), also teaches controlling the heating temperature utilizing a feedback control based on a mean value of the temperatures detected obtained by filtering by a filter. By using the mean value and/or filtered value in this way, noise can be removed, (0161).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, Sportelli’ s logic/algorism that determines the output value of the feedback signal from the measurements of the temperature sensors 32 to include the mean value of the output of the multiple temperature sensors obtained by filtering using as using the mean value of the multiple temperature sensors allows for removal of noise resulting in precision temperature reading as taught in Muneishi.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DILNESSA B BELAY/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761
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