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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 2-4, 6-7, 9, 11, 13-15, 17-18, and 20-22 are objected to because of the following informalities: each of the claims recites a list of variables/limitations; the claims should each be amended to separate the list items with commas or semicolons, as well as “and”, “or”, or “and/or” as appropriate, in order to improve readability and for grammatical correctness. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The claim limitations being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph are: “measurable variable recording means for recording at least one measurable variable” in Claim 12 and “determining means configured to use the at least one measurable variable inherent to the caterpillar track” in Claim 20.
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 11-23 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 11, the claim recites “The caterpillar track drawing method according to claim 10, further comprising regulating at least one of the following”. Claim 10 recites “at least one regulating variable inherent to the caterpillar track is regulated by manipulating the manipulated variable”; are the limitations recited in Claim 11 after “at least one of the following” meant to further limit the at least one regulating variable recited in Claim 10, or are they meant to be separate, additional limitations that are regulated? For examination purposes, the former interpretation will be used.
Further regarding Claim 11, the limitations “the chain offset” and “the chain tension” do not have antecedent basis in the claim.
Regarding Claims 12 and 20, the limitations “measurable variable recording means for recording at least one measurable variable” in lines 13-14 and 16-17 of Claim 12 and “determining means configured to use the at least one measurable variable inherent to the caterpillar track” in lines 2-3 of Claim 20 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structures, materials, or acts for performing the entire claimed functions and to clearly link the structures, materials, or acts to the functions. For both limitations, the only structures provided in the specification and claims are defined as “means” and therefore are not sufficient for performing the claimed functions. For example, the measurable variable recording means is further limited in Claim 13 as comprising “drawing chain measurable value recording means” which could be any of “drawing chain speed recording means”, “drawing chain clamping pressure recording means”, “drawing chain vibration recording means”, “drawing chain temperature recording means”, or “drawing chain offset recording means”. The specification does not provide any additional details for any of these recording means, and they are only represented in the figures as boxes (see Figure 3). Likewise, the determining means is defined as being at least one of “chain offset determining means”, “wear determining means”, or “slipping determining means”, with no additional structure provided in the specification. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claims so that the claim limitations will no longer be interpreted as limitations under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structures, materials, or acts perform the entire claimed functions, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structures, materials, or acts disclosed therein to the functions recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structures, materials, or acts and clearly links them to the functions so that one of ordinary skill in the art would recognize what structures, materials, or acts perform the claimed functions, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structures, materials, or acts for performing the claimed functions and clearly links or associates the structures, materials, or acts to the claimed functions, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structures, materials, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed functions. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Further regarding Claim 12, the scope of the limitation “measurable variable recording means for recording at least one measurable variable inherent to the caterpillar track and at least one actuator, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force” in lines 16-19 is unclear because the phrasing of the limitation is ambiguous and seemingly redundant. Is the measurable variable recording means recording measurable variable(s) inherent to both the caterpillar track and the actuator, or is the actuator meant to be a separate limitation? Further, the second recitation of “inherent to the caterpillar track” appears to be redundant.
Regarding Claim 22, the claim is drawn to a regulating method for regulating the caterpillar track drawing machine according to Claim 12, but no method steps are recited. The body of the claim only further limits the structure of the caterpillar track drawing machine. Accordingly, the claim is rendered indefinite as the scope of protection sought is unclear.
Regarding Claim 23, the claim is drawn to a regulating method for regulating the caterpillar track drawing machine according to Claim 12, but the body of the claim is written in a narrative format which does not lend itself to a clear understanding of the essential steps of the method. Positively setting forth the method as a series of steps with the essential features of each step being distinctly claimed would overcome the indefiniteness with regard to the inferential claimed provision. For instance, the claim recites “wherein at least one of a drawing chain offset between the drawing chains and a slipping between the workpiece and at least one drawing chain are regulated by manipulation of the at least one actuator”, which is written in a passive narrative format as opposed to an active format (i.e. “regulating at least one of…by manipulating the at least one actuator”), which foments ambiguity regarding the steps being performed, as it is unclear whether it is meant to recite active steps of regulating and manipulating or if they are merely conditions which are met as the method is performed.
Claims 13-19 and 21 are rejected by virtue of their dependence upon Claim 12.
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.
Claims 1-2, 4, 6, 8, 12-13, 15, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elge (US 3,150,437).
Regarding Claim 1, Elge discloses (Figures 1-3) a caterpillar track drawing method comprising: drawing a workpiece through a drawing die (die 8b of draw unit 8) using a caterpillar track (pull unit 13) disposed behind the drawing die as seen in a drawing direction; and drawing a workpiece along a drawing line (line shown in Figure 3) aligned parallel to the drawing direction while forming the workpiece by the drawing die; wherein the caterpillar track comprises circulating first and second drawing chains (chains 61 and 62) comprising chain links (shoes 12) circulating parallel to a drawing plane; wherein each of the first and second drawing chains is guided around first and second chain wheels (rollers 63 and 64) having first and second axes aligned perpendicular to the drawing plane; wherein at least one of steps (i) and (ii) is performed:
recording at least one measurable variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force (col. 5 lns 12-14: pressure is recorded by sensing member 69);
recording, and using for activation of a manipulated variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force, at least one measurable variable inherent to the caterpillar track (col. 3 lns 51-53, col. 5 lns 12-14: pressure is recorded by sensing member 69 and used to manipulate the gripping pressure of the chains).
Regarding Claim 2, Elge discloses (Figure 3) the at least one measurable variable is a drawing chain measurable variable of at least one of the first and second drawing chains (chains 61 and 62) selected from the following group of drawing chain measurable variables: drawing chain speed, drawing chain clamping pressure (col. 5 lns 12-14: “gripping pressure” is interpreted as drawing chain clamping pressure), drawing chain vibration, drawing chain temperature, drawing chain offset.
Examiner note: only one of the group of drawing chain measurable variables is necessary in order to meet the requirements of the claim.
Regarding Claim 4, Elge discloses (Figure 3) the at least one measurable variable is a frame measurable variable selected from the following group of frame measurable variables: frame vibration, oscillation, pressing pressure (col. 5 lns 6-14: gripping pressure is controlled by jack screws 15 which are anchored to the pull unit 13 frame, seen in Figure 3, so the gripping pressure, which presses the chains 61/62 to the workpiece, recorded by sensing member 69 is considered to be a frame measurable variable).
Examiner note: only one of the group of frame measurable variables is necessary in order to meet the requirements of the claim.
Regarding Claim 6, Elge discloses (Figure 3) in step (ii) the manipulated variable is a drawing chain measurable variable of at least one of the first and second drawing chains (chains 61 and 62) selected from the following group of drawing chain measurable variables: drawing chain speed, drawing chain clamping pressure (col. 5 lns 12-14).
Examiner note: only one of the group of drawing chain measurable variables is necessary in order to meet the requirements of the claim.
Regarding Claim 8, Elge discloses (Figure 3) in step (ii) the manipulated variable is a frame manipulated variable comprising a pressing pressure (col. 5 lns 6-14: gripping pressure is controlled by jack screw 15 which is anchored to the pull unit 13 frame, seen in Figure 3, so the gripping pressure, which presses the chains 61/62 to the workpiece, manipulated by sensing device 16 is considered to be a frame manipulated variable).
Regarding Claim 12, Elge discloses (Figures 1-3) a caterpillar track drawing machine comprising: a drawing die (die 8b of draw unit 8); and a caterpillar track (pull unit 13) disposed behind the drawing die as seen in a drawing direction and configured to draw a workpiece along a drawing line (line shown in Figure 3) aligned parallel to the drawing direction while forming the workpiece by the drawing die; wherein the caterpillar track comprises circulating first and second drawing chains (chains 61 and 62) comprising chain links (shoes 12) circulating parallel to a drawing plane; wherein each of the first and second drawing chains is guided around first and second chain wheels (rollers 63 and 64) having first and second axes aligned perpendicular to the drawing plane; wherein the caterpillar track drawing machine further comprises at least one of features (i) and (ii):
measurable variable recording means (sensing member 69) for recording at least one measurable variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force (col. 5 lns 12-14: pressure is recorded by sensing member 69);
measurable variable recording means (sensing member 69) for recording at least one measurable variable inherent to the caterpillar track (col. 5 lns 12-14: pressure is recorded by sensing member 69) and at least one actuator (jack screw 15 with nut 66 and motor 67), inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force, and a control unit (sensing device 16), wherein the control unit has a recording means input (input from sensing member 69, shown in Figure 3) and an actuator output (wire 68; col. 5 lns 9-11), wherein the recording means input is connected with the measurable variable recording means in a relationship that transmits measurable variables and the actuator output is connected with the actuator, inherent to the caterpillar track, in an activating relationship (col. 5 lns 9-14: sensing member 69 transmits pressure data to sensing device 16, which then activates wire 68 to drive motor 67).
Regarding Claim 13, Elge discloses (Figure 3) the measurable variable recording means (sensing member 69) comprise drawing chain measurable variable recording means selected from the following group of drawing chain measurable variable recording means: drawing chain speed recording means, drawing chain clamping pressure recording means (col. 5 lns 12-14: sensing member 69 records drawing chain clamping pressure), drawing chain vibration recording means, drawing chain temperature recording means, drawing chain offset recording means.
Examiner note: only one of the group of drawing chain measurable variable recording means is necessary in order to meet the requirements of the claim.
Regarding Claim 15, Elge discloses (Figure 3) the measurable variable recording means (sensing member 69) comprise frame measurable variable recording means selected from the following group of frame measurable variable recording means: frame vibration recording means, oscillation recording means, pressing pressure recording means (col. 5 lns 6-14: gripping pressure is controlled by jack screws 15 which are anchored to the pull unit 13 frame, seen in Figure 3, so the gripping pressure, which presses the chains 61/62 to the workpiece, is considered to be a frame measurable variable, and the sensing member 69 is therefore considered to be a frame measurable variable recording means).
Examiner note: only one of the group of frame measurable variable recording means is necessary in order to meet the requirements of the claim.
Regarding Claim 17, Elge discloses (Figure 3) in feature (ii) the actuator (jack screw 15 with nut 66 and motor 67) is a drawing chain manipulated variable actuator selected from the following group of drawing chain manipulated variable actuators: drawing chain speed actuator, drawing chain clamping pressure actuator col. 5 lns 6-14).
Examiner note: only one of the group of drawing chain manipulated variable actuators is necessary in order to meet the requirements of the claim.
Regarding Claim 19, Elge discloses (Figure 3) in feature (ii) the actuator (jack screw 15 with nut 66 and motor 67) is a frame manipulated variable actuator comprising a pressing pressure actuator (col. 5 lns 6-14: gripping pressure is controlled by jack screw 15 which is anchored to the pull unit 13 frame, seen in Figure 3, so the gripping pressure, which presses the chains 61/62 to the workpiece, manipulated by sensing device 16 is considered to be a frame manipulated variable, and the jack screw 15 with nut 66 and motor 67 is therefore considered to be a frame manipulated variable actuator).
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.
Claims 3, 7, 14, 18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Elge as applied to Claims 1 and 12 above, and further in view of Yan (CN 110860572). For text citations of Yan, refer to the machine translation provided as Non-Patent Literature.
Regarding Claims 3 and 7, Elge does not disclose that the at least one measurable variable and the manipulated variable are drive train measurable variables of at least one of the first and second drawing chains. In the same field of endeavor, Yan teaches (Figure 3) a caterpillar track drawing method comprising: drawing a workpiece using a caterpillar track (belt drawing machine, shown in Figure 3); wherein the caterpillar track comprises circulating first and second drawing chains (first and second belts 25/26) circulating parallel to a drawing plane; wherein each of the first and second drawing chains is guided around first and second chain wheels (first and second pulleys 23/24) having first and second axes aligned perpendicular to the drawing plane; wherein at least one of steps (i) and (ii) is performed:
recording at least one measurable variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force ([0053] lns 13-14: the pulling speeds of belts 25/26 are recorded);
recording, and using for activation of a manipulated variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force, at least one measurable variable inherent to the caterpillar track ([0053] lns 13-14, [0055] lns 3-7: the pulling speeds of belts 25/26 are recorded, and then the drive motors are controlled to rotate the pulleys 23/24 such that the pulling speeds of belts 25/26 is a desirable value);
wherein the at least one measurable variable is a drive train measurable variable of at least one of the first and second drawing chains (first and second belts 25/26) selected from the following group of drive train measurable variables: chain wheel torque, chain wheel rpm ([0053] lns 13-14: the pulling speeds of belts 25/26 are recorded, which directly correlate to the rpm of pulleys 23/24), chain wheel vibration, chain wheel temperature; and wherein in step (ii) the manipulated variable is a drive train measurable variable of at least one of the first and second drawing chains selected from the following group of drive train measurable variables: gear mechanism settings, chain wheel torque, chain wheel rpm ([0055] lns 3-7: the motors drive pulleys 23/24 to rotate at a specified rpm). Recording and manipulating the chain wheel rpm in this way allows the drawing chains to rotate at the same speed, which ensures the processing quality of the finished product ([0056] lns 17-21). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing method disclosed by Elge such that the at least one measurable variable is a drive chain measurable variable comprising a chain wheel rpm and that in step (ii) the manipulated variable is a drive chain measurable variable comprising a chain wheel rpm, as taught by Yan, in order to ensure product quality by controlling the drawing chains to draw the workpiece at the same speed as each other.
Examiner note: only one of the group of drive train measurable variables is necessary in order to meet the requirements of each claim.
Regarding Claims 14 and 18, Elge does not disclose the measurable variable recording means comprise drive train measurable variable recording means. In the same field of endeavor, Yan teaches (Figures 3-4) a caterpillar track drawing machine comprising: a caterpillar track (belt drawing machine, shown in Figure 3) configured to draw a workpiece along a drawing line aligned parallel to a drawing direction ([0009] lns 9-11); wherein the caterpillar track comprises circulating first and second drawing chains (first and second belts 25/26) circulating parallel to a drawing plane; wherein each of the first and second drawing chains is guided around first and second chain wheels (first and second pulleys 23/24) having first and second axes aligned perpendicular to the drawing plane; wherein the caterpillar track drawing machine further comprises at least one of features (i) and (ii):
measurable variable recording means (speed measuring device 3) for recording at least one measurable variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force ([0053] lns 13-14);
measurable variable recording means (speed measuring device 3) for recording at least one measurable variable inherent to the caterpillar track ([0053] lns 13-14) and at least one actuator ([0055] lns 3-5: the two main drive motors are interpreted as the at least one actuator), inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force, and a control unit ([0055] ln 3: the PLC controller is interpreted as the control unit), wherein the control unit has a recording means input (speed encoder 32; [0056] lns 3-4) and an actuator output, wherein the recording means input is connected with the measurable variable recording means in a relationship that transmits measurable variables and the actuator output is connected with the actuator, inherent to the caterpillar track, in an activating relationship ([0055] lns 5-7);
wherein the measurable variable recording means comprise drive train measurable variable recording means selected from the following group of drive train measurable variable recording means: chain wheel torque recording means, chain wheel rpm recording means (speed measuring device 3; [0053] lns 13-14: speed measuring device 3 records the pulling speeds of belts 25/26, which directly correlate to the rpm of pulleys 23/24), chain wheel vibration recording means, chain wheel temperature recording means, and wherein in feature (ii) the actuator is a drive train manipulated variable actuator selected from the following group of drive train manipulated variable actuators: gear mechanism setting actuator, chain wheel torque actuator, chain wheel rpm actuator ([0055] lns 3-7: the motors drive pulleys 23/24 to rotate at a specified rpm). Recording and manipulating the chain wheel rpm in this way allows the drawing chains to rotate at the same speed, which ensures the processing quality of the finished product ([0056] lns 17-21). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing machine disclosed by Elge such that the at least one measurable variable recording means is a drive chain measurable variable recording means comprising a chain wheel rpm recording means and that in feature (ii) the actuator is a drive chain manipulated variable actuator comprising a chain wheel rpm actuator, as taught by Yan, in order to ensure product quality by controlling the drawing chains to draw the workpiece at the same speed as each other.
Examiner note: only one of each of the group of drive train measurable variable recording means and the group of drive chain manipulated variable actuators is necessary in order to meet the requirements of each claim.
Regarding Claim 22, Elge discloses a regulating method for regulating the caterpillar track drawing machine according to Claim 12 (col. 5 lns 6-14), wherein the caterpillar track drawing machine comprises feature (ii) (see discussion above), but does not disclose that the control unit comprises at least one of a neural network, fuzzy logic, artificial intelligence, or a control program for a programmable computing machine. In the same field of endeavor, Yan teaches (Figure 3) a regulating method for regulating a caterpillar track drawing machine, wherein the caterpillar track drawing machine comprises feature (ii) (see discussion above in rejection of Claims 14 and 18) and the control unit ([0055] ln 3: the PLC controller is interpreted as the control unit) comprises at least one of the following: a neural network, fuzzy logic, artificial intelligence, a control program for a programmable computing machine ([0056] lns 22-24). As a control program for a programmable computing machine is a known type of control unit for regulating a caterpillar track drawing machine, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the regulating method disclosed by Elge such that the control unit comprises a control program for a programmable computing machine, as taught by Yan, in order to activate the actuator of the caterpillar track drawing machine.
Examiner note: only one of the listed control unit types is necessary to meet the requirements of the claim.
Claims 5, 9-11, 16, 20-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Elge as applied to Claims 1 and 12 above, and further in view of Dietmar (DD 92419, provided by Applicant).
Regarding Claim 5, Elge does not disclose recording a material speed as an additional measurable variable. In the same field of endeavor, Dietmar teaches (Figure 1) a caterpillar track drawing method comprising: drawing a workpiece through a drawing die using a caterpillar track (pg. 1, “Description” lns 1-3); wherein the caterpillar track comprises circulating first and second drawing chains (caterpillar chains 2) circulating parallel to a drawing plane; and wherein at least one of steps (i) and (ii) is performed:
recording at least one measurable variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force (pg. 2 lns 24-25: rotational speed of the chain drive is recorded);
recording, and using for activation of a manipulated variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force, at least one measurable variable inherent to the caterpillar track (pg. 2 lns 24-30: rotational speed of the chain drive is recorded and used for activation of hydraulic cylinders which control contact pressure of the chains, i.e. a manipulated variable);
and further comprising recording a material speed as an additional measurable variable (pg. 2 lns 23-25) and using the material speed for activation of a manipulated variable inherent to the caterpillar track in step (i) (pg. 2 lns 23-30: throughput speed of the material is recorded and used, along with the rotational speed of the chain drive, for activation of hydraulic cylinders which control contact pressure of the chains, i.e. a manipulated variable). Recording and using the material speed in this manner helps to prevent slipping of the chains against the material as it is drawn (pg. 3 lns 28-30). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing method disclosed by Elge such that it further comprises recording a material speed as an additional measurable variable and using the material speed for activation of a manipulated variable inherent to the caterpillar track in step (i), as taught by Dietmar, in order to prevent slipping of the drawing chains against the workpiece being drawn.
Examiner note: regarding the limitation “as the manipulated variable inherent to the caterpillar track in step (ii)”, due to the use of the word “or”, this limitation is not necessary to meet all the requirements of the claim.
Regarding Claim 9, Elge does not disclose determining a chain offset, a wear of the drawing chains, or a slipping between the workpiece and at least one drawing chain. Dietmar teaches (Figure 1) the caterpillar track drawing method further comprises determining from the at least one measurable variables inherent to the caterpillar track at least one of the following: a chain offset of the first and second drawing chains relative to one another, a wear of the first and second drawing chains, a slipping between the workpiece and at least one of the first and second drawing chains (caterpillar chains 2; pg. 3 lns 20-27). Determining a slipping between the workpiece and the drawing chains allows for measures to be taken to eliminate the slipping (pg. 3 lns 27-31), which then reduces the load and wear on the machinery (pg. 3 lns 3-5). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing method disclosed by Elge to further comprise determining a slipping between the workpiece and at least one of the first and second drawing chains from the at least one measurable variables inherent to the caterpillar track, as taught by Dietmar, in order to eliminate the slipping and thereby reduce load and wear on the caterpillar track components.
Examiner note: only one of the listed values is necessary in order to meet the requirements of the claim.
Regarding Claim 10, Elge does not disclose at least one regulating variable inherent to the caterpillar track is regulated by manipulating the manipulated variable in step (ii). Dietmar teaches (Figure 1) in step (ii) of the method at least one regulating variable (pg. 2 lns 25-27: the slipping of the rod material is interpreted as the regulating variable) inherent to the caterpillar track is regulated by manipulating the manipulated variable (pg. 3 lns 23-31: the slipping is regulated by adjusting the contact pressure from hydraulic cylinders 3, i.e. by manipulating the manipulated variable). Regulating the slipping, i.e. the regulating variable, in this manner helps reduce the load and wear on the caterpillar track machine components (pg. 3 lns 3-5). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing method disclosed by Elge such that in step (ii) at least one regulating variable inherent to the caterpillar track is regulated by manipulating the manipulated variable, as taught by Dietmar, in order to reduce load and wear on the machinery.
Regarding Claim 11, with reference to the combination of Elge and Dietmar for Claim 10, Dietmar teaches (Figure 1) regulating at least one of the following: the chain offset of both the first drawing chain and the second drawing chain relative to one another, a slipping between at least one of the first and second drawing chains (caterpillar chains 2) and the workpiece (pg. 3 lns 23-31), the chain tension of at least one of the first and second drawing chains.
Examiner note: only one of the listed values is necessary in order to meet the requirements of the claim.
Regarding Claim 16, Elge does not disclose material speed recording means. In the same field of endeavor, Dietmar teaches (Figure 1) a caterpillar track drawing machine (machine 1) comprising: a caterpillar track configured to draw a workpiece along a drawing line aligned parallel to a drawing direction while forming the workpiece by a drawing die (pg. 1, “Description” lns 1-3); wherein the caterpillar track comprises circulating first and second drawing chains (caterpillar chains 2) circulating parallel to a drawing plane; wherein the caterpillar track drawing machine further comprises at least one of features (i) and (ii):
measurable variable recording means (electronic-optical measuring element 4) for recording at least one measurable variable, inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force (pg. 3 lns 14-16: measuring element 4 records rotational speed of the chain drive);
measurable variable recording means (electronic-optical measuring element 4) for recording at least one measurable variable inherent to the caterpillar track and at least one actuator (hydraulic cylinders 3), inherent to the caterpillar track, of modules of the caterpillar track that resist or apply drawing force, and a control unit (comparison element 6), wherein the control unit has a recording means input and an actuator output, wherein the recording means input is connected with the measurable variable recording means in a relationship that transmits measurable variables and the actuator output is connected with the actuator, inherent to the caterpillar track, in an activating relationship (pg. 3 lns 23-31: the rotational speed of the chain drive recorded by measuring element 4 is analyzed in comparison element 6, which generates a signal for activating the hydraulic cylinders 3);
and further comprising material speed recording means (measuring wheel 5; pg. 3 lns 16-18). Recording the material speed helps to prevent slipping of the chains against the material as it is drawn (pg. 3 lns 28-30). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing machine disclosed by Elge such that it further comprises material speed recording means, as taught by Dietmar, in order to prevent slipping of the drawing chains against the workpiece being drawn.
Regarding Claim 20, Elge does not disclose determining means configured to use the at least one measurable variable inherent to the caterpillar track. Dietmar teaches (Figure 1) the caterpillar track drawing machine (machine 1) further comprises at least one of the following determining means configured to use the at least one measurable variable inherent to the caterpillar track: chain offset determining means, wear determining means, slipping determining means (pg. 3 lns 23-27). Determining a slipping between the workpiece and the drawing chains allows for measures to be taken to eliminate the slipping (pg. 3 lns 27-31), which then reduces the load and wear on the machinery (pg. 3 lns 3-5). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing machine disclosed by Elge to further comprise slipping determining means configured to use the at least one measurable variable inherent to the caterpillar track, as taught by Dietmar, in order to eliminate the slipping and thereby reduce load and wear on the caterpillar track components.
Examiner note: only one of the listed determining means is necessary in order to meet the requirements of the claim.
Regarding Claim 21, Elge does not disclose a chain offset control unit, a slipping control unit, or a chain tension control unit. Dietmar teaches (Figure 1) that in feature (ii) of the caterpillar track drawing machine (machine 1), the control unit (comparison element 6) comprises at least one of the following: a chain offset control unit, a slipping control unit (pg. 3 lns 18-31), a chain tension control unit. Controlling the slipping is beneficial because it helps reduce the load and wear on the caterpillar track machine components (pg. 3 lns 3-5). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the caterpillar track drawing machine disclosed by Elge such that in feature (ii) the control unit comprises a slipping control unit, as taught by Dietmar, in order to reduce the load and wear on the machinery.
Examiner note: only one of the listed control units is necessary in order to meet the requirements of the claim.
Regarding Claim 23, Elge discloses a regulating method for regulating the caterpillar track drawing machine according to Claim 12 (col. 5 lns 6-14), wherein the caterpillar track drawing machine comprises feature (ii) (see discussion above), but does not disclose regulating at least one of a drawing chain offset between the drawing chains and a slipping between the workpiece and at least one drawing chain. In the same field of endeavor, Dietmar teaches (Figure 1) a regulating method for regulating a caterpillar track drawing machine, wherein the caterpillar track drawing machine comprises feature (ii) (see discussion above in rejection of Claim 16) and wherein at least one of a drawing chain offset between the drawing chains and a slipping between the workpiece and at least one drawing chain (caterpillar chains 2) are regulated by manipulation of the at least one actuator (hydraulic cylinders 3) as a function of the at least one measurable variable (pg. 3 ln 16: rotational speed of the chain drive is interpreted as the at least one measurable variable), inherent to the caterpillar track, recorded by the measurable variable recording means (electronic-optical measuring element 4; pg. 3 lns 23-31: a slipping between the workpiece and the caterpillar chains 2 is regulated by manipulating hydraulic cylinders 3 based on the recorded rotational speed of the chain drive and throughput speed of the workpiece). Regulating the slipping in this manner helps reduce the load and wear on the caterpillar track machine components (pg. 3 lns 3-5). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the regulating method for regulating the caterpillar track drawing machine disclosed by Elge such that a slipping between the workpiece and at least one drawing chain is regulated by manipulation of the at least one actuator as a function of the at least one measurable variable, inherent to the caterpillar track, recorded by the measurable variable recording means, as taught by Dietmar, in order to reduce load and wear on the machinery.
Examiner note: regarding the limitation “a drawing chain offset between the drawing chains”, due to the use of the phrase “at least one of”, this limitation is not necessary to meet all the requirements of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Beer et al. (EP 0780171) discloses a regulating method for a pipe drawing machine having a control unit, wherein the control unit comprises fuzzy logic for monitoring and controlling the operating parameters.
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/TERESA A GUTHRIE/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725