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 filed on February 24, 2023, July 11, 2024 and August 21, 2024 have been considered by the Examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “outer shell 158”. 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. 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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6, 14-15 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Pat. 5,278,388) in view of Jones et al. (US Pub. 2002/0117483) (both cited by Applicant).
Regarding claims 1 and 14, Huang discloses a plasma welding and cutting gun for discharging plasma gas with constant outlet pressure having a torch head (Fig. 1-2) for a plasma torch (1), comprising: an electrode (2 and 4) comprising a vent (20) formed therethrough (Fig. 1-2), wherein the vent (20) is configured to received plasma gas and direct plasma gas through the electrode (2, 4); and a spring (72), wherein the vent (20) of the electrode (2, 4) is configured to discharged plasma gas across the spring (72) (Fig. 1-2; Col. 1, Line 63 to Col. 5, Line 7). Huang does not disclose the spring configured to bias the electrode toward the nozzle. Jones et al. discloses the spring (551) configured to bias the electrode (electrode 429 with mid-section 457 and lower end 459) toward the nozzle and the discharge plasma gas across the spring (551) (Fig. 6; Par. 72 and 75-77). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Huang, the spring configured to bias the electrode toward the nozzle, as taught by Jones et al., for the purpose of biasing the electrode toward the nozzle.
Regarding claim 2, Jones et al. discloses an insulator (571) coupled to the electrode (429), wherein the spring (551) is coupled to the insulator (571) and is configured to bias the insulator (571) toward the nozzle (371) to bias the electrode (429) toward the nozzle (371), and the vent (via inlet 557) of the electrode is configured to discharge plasma gas into the insulator (571) (Fig. 6-7; Par. 73).
Regarding claim 3, Jones et al. discloses the insulator (571) comprises an opening (573, Fig. 7) configured to discharge plasma gas across the spring (551) (Fig. 6-7; Par. 73).
Regarding claim 4, Huang discloses a cathode (2) electrically coupled to the electrode (4), wherein the cathode (2) is electrically couple to the electrode (4), and the cathode comprises an opening configured to receive plasma gas (G) discharged from the vent (20) of the electrode and across the spring (72) (Fig. 1-2).
Regarding claim 6,Huang. discloses a body (Fig. 1-2) coupled to the cathode (2), wherein the body comprises an opening (21) configured to receive plasma gas (G) discharge from the cathode (2); and an outer shell coupled to the body, wherein the outer shell at least partially defines a vent (92) configured to vent plasma gas (G) discharged from the body (Fig. 1-2)
Regarding claim 15, Huang discloses the step of directing the plasma gas flow from the spring (72) toward a vent outlet of the plasma torch (Fig. 1-2).
Regarding claim 17, Huang discloses the step of directing the plasma flow from the spring (72) through a cathode (2) of the plasma torch (Fig. 1-21), wherein the cathode is configured to provide electrical power to the electrode (4) (Fig. 1-2).
Regarding claim 18, Huang discloses the step of directing the plasma flow from the cathode (2) through a body of the plasma torch (via 1), wherein the body is coupled to the cathode (2); and discharging the plasma flow from the plasma torch via a vent formed at least partially by an outer shell couple to the body (Fig. 1-2).
Claim(s) 7-8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Pat. 5,278,388) in view of Jones et al. (US Pub. 2002/0117483) and further view of Twarog et al. (US Pat. 10,721,812) (cited by Applicant).
Regarding claims 7 and 16, Huang/Jones disclose substantially all features of the claimed invention as set forth above except a distributor configured to direct the plasma gas into a plasma chamber where the plasma gas splits, such that the plasma gas flowing through the vent of the electrode is a first portion of the plasma gas and a second portion of the plasma gas flows along the electrode and toward the nozzle of the torch head. Twarog et al. discloses a distributor (227) configured to direct the plasma gas into a plasma chamber where the plasma gas splits, such that the plasma gas flowing through the vent of the electrode is a first portion of the plasma gas and a second portion of the plasma gas flows along the electrode and toward the nozzle (210) of the torch head (Fig. 1; Col. 9, Line 40 to Col. 10, Line 24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Huang/Jones, a distributor configured to direct the plasma gas into a plasma chamber where the plasma gas splits, such that the plasma gas flowing through the vent of the electrode is a first portion of the plasma gas and a second portion of the plasma gas flows along the electrode and toward the nozzle of the torch head, as taught by Twarog et al., for the purpose of distributing the gas through the swirl ring and to the exit orifice of the nozzle.
Regarding claim 8, Twarog et al. discloses the nozzle (210), wherein the nozzle comprises a nozzle orifice (225); and a shield (1102), wherein the shield (1102) comprises a shield orifice, and the second portion of the plasma gas flows along the electrode (1108), through the nozzle orifice , and through the shield orifice to discharge from the torch head (Fig. 11; Col. 18, Lines 15-45).
Allowable Subject Matter
Claim 19-20 are allowed. The allowable subject matter of claims 19: “a first surface facing the distal end, wherein the first surface extends at a first angle relative to the side surface; and a second surface facing the proximal end, wherein the first surface and the second surface cooperatively define the passageway, the second surface extends at a second angle relative to the side surface, and the second angle and the first angle are different from one another”.
Claims 5, 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG D NGUYEN whose telephone number is (571)270-7828. The examiner can normally be reached Mon-Fri 9AM - 9PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571)272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761