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 .
Response to Appeal
In view of the Pre-Appeal brief filed 10/23/25, PROSECUTION IS HEREBY REOPENED. New ground(s) of prior art rejection(s) are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/KEITH WALKER/ Supervisory Patent Examiner, Art Unit 1735
Claim Interpretation
As noted previously, elected claims are drawn to an apparatus. "Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). Also see Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (MPEP 2114). Examiner further notes that, “inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” (see MPEP 2115). Although the claim states, “a first structure defining a first channel, a first foil positioned at least partially within the first channel to conform to the shape…” - “structure” is actually a workpiece material in this case, along with foil(s) placed on the structure/workpiece (e.g. metal workpieces 310, 320 & foils 350- fig. 3) and these workpieces do not structurally limit the manufacturing apparatus/system.
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 21-23, 25, 27, 29-30, 32, 36 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over El-Wardany et al. (US 2016/0311070, hereafter “El-Wardany”) in view of Short et al. (US 8082966, “Short”), and further in view of Storch et al. (US 2011/0014002, “Storch”).
Regarding claim 21, El-Wardany discloses an ultrasonic manufacturing system, which is configured to weld a first structure 12 (object/workpiece) defining a first channel 22 (see fig. 2), the system comprising (figs. 1-5): a sonotrode 24 configured to rotate about an axis of rotation 32 (figs. 1, 3), wherein the sonotrode comprises a welding surface 34 (contact surface) extending along a circumference of the sonotrode, wherein the welding surface has a contoured profile (curved profile- figs. 2-5) that matches a channel shape, and a first side and a second side disposed opposite one another in a direction of the axis of rotation, wherein the welding surface has a central plane disposed between the first side and the second side in the direction of the axis of rotation, wherein the central plane extends perpendicular to the axis of rotation of the sonotrode, wherein the welding surface has a maximum diameter located in the central plane (fig. 2- see diagram and comparison below), and wherein at least the sonotrode is configured to translate relative to an anvil/base (lateral direction- fig. 1); and a transducer 26 as well as a controller 28 configured to vibrate the sonotrode [0035]; a first foil 30 (repair piece- [0044]) positioned at least partially within the first channel, conforming to the shape of the first channel of the contoured profile of the sonotrode during welding (figs. 1-2).
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El-Wardany is silent with respect to using the ultrasonic sonotrode for additive manufacturing and does not mention an anvil. However, such features are known in the art. Short (drawn to ultrasonic welding and additive manufacturing using a sonotrode- abstract) teaches that ultrasonic additive manufacturing (UAM) has been known in prior art where high-frequency ultrasonic vibrations are locally applied to the workpiece (metal foils) by sonotrode to create solid-state weld and join similar/dissimilar materials of different thicknesses (Background- col. 2, lines 27-40; ultrasonic welding systems typically a nest or anvil where the parts/workpieces are placed (Background- col. 1, lines 32-36). Short shows exemplary sonotrode 100 with a textured welding surface 106, wherein the sonotrode is configured to rotate through supports rings 500-600 (fig. 2). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to employ an anvil for supporting the workpiece(s) and utilize the ultrasonic sonotrode for additive manufacturing to build or repair objects in El-Wardany since such practice is conventional and doing so would enable to produce a desired object shape by joining foils/sheets of different thickness or materials, as evidenced by Short.
El-Wardany teaches ultrasonic repair of rotatable object 12 including a channel/groove 22 [0033-0034], but does not mention any cutter. However, using a cutter instrument is known during repair process. Analogous to El-Wardany, Storch discloses repairing a turbine rotor 10 (rotatable object) having crack-flawed grooves 13-14 (figs. 1-2). Storch teaches using a rotatable cutter 20 (milling tool- fig. 1) that is guided along the crack-flawed grooves for machining and cracks material removal in preparation for the repair of the rotor [0031-0033]; the cutter is moved in a plurality of planes in a controlled manner by a suitable drive unit and is thus configured to translate relative to other components/parts in the apparatus [0014-0016]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to employ a movable cutter or milling tool similar to Storch in the ultrasonic repair of El-Wardany with a motivation to remove cracked portions in the groove/channel 22 of object 12 as a preparatory step prior to depositing repair sheet 30 for ultrasonic welding. In this manner, El-Wardany as modified by Storch discloses that the rotating milling tool/cutter machines or mills-out the first channel 22 in the structure 12, which meets the claimed cutter feature.
Examiner notes that the limitations: “a first structure defining a first channel, a first foil configured to be positioned at least partially within the first channel to conform to the shape the first channel…”- concerns workpiece materials which do not structurally limit the manufacturing apparatus/system (see Claim Interpretation above). Nonetheless, the ultrasonic welding apparatus in El-Wardany, Short & Storch is well configured to have one or more foil(s) positioned in the first channel and configured to be welded by the sonotrode.
As to claim 22, El-Wardany shows that the central plane is centered with respect to the welding surface in the direction of the axis of rotation (fig. 2- see diagram above).
As to claim 23, El-Wardany shows that the contoured profile is defined by a first side portion and a second side portion of the welding surface (fig. 2).
As to claim 25, El-Wardany shows that the contoured profile is symmetric about the central plane (fig. 2).
As to claim 27, examiner notes that term “surface texture” is general, relatively broad and not limited to particular structure. El-Wardany discloses the welding surface comprising a surface texture. Short also discloses the welding surface 106 of sonotrode 100 having a textured surface (col. 4, lines 56-58).
As to claim 29, El-Wardany shows that the contoured profile has an included angle that falls approximately between 60 degrees and 179 degrees (fig. 2).
As to claim 30, El-Wardany shows that the contoured profile has a radius of curvature that is substantially constant in the direction of the axis of rotation of the sonotrode (figs. 3-4).
As to claim 32, El-Wardany shows that the welding surface extends along an entirety of the circumference of the sonotrode 24, and a shape of the contoured profile is the same along the entirely of the circumference (figs. 3-4).
As to claim 36, El-Wardany discloses that the transducer 26 is configured to vibrate the sonotrode in the direction of the rotation axis (fig. 2). Examiner also maintains official notice with respect to having one or more transducers for vibrating the sonotrode, which is conventional feature in the art and evidenced by Applicant’s specification background [0003].
As to claim 42, the ultrasonic manufacturing apparatus in El-Wardany is configured to have a second foil positioned on top of the first foil on the first structure, the foils to be welded by the sonotrode.
Claims 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over White (US 6814823) in view of El-Wardany et al. (US 2016/0311070, “El-Wardany”).
Regarding claim 37, White discloses an ultrasonic additive & consolidation manufacturing system (figs. 5-8, 12-17, 24-25; col. 5, lines 30-40; col. 6, lines 1-25, 46-67), which is configured to weld at least a first structure (object/workpiece), the system comprising: an anvil (table 10- figs. 8, 17); a second structure (object) positioned on the anvil, the first and second structures contacting each other at an interface forming a joining interface (see fig. 25 diagram below); a sonotrode 4/44 configured to rotate about an axis of rotation (figs. 8, 12B, 17, 24-25; col. 10, lines 1-10), wherein the sonotrode comprises a welding surface (contact surface) extending along a circumference of the sonotrode, wherein the welding surface has a contoured profile (curved profile- figs. 8, 12B, 25) that can match a channel shape and a first side & a second side disposed opposite one another in a direction of the axis of rotation, wherein the welding surface has a central plane disposed between the first side and the second side in the direction of the axis of rotation, wherein the central plane extends perpendicular to the axis of rotation of the sonotrode (figs. 8, 25). White teaches that the system is particularly useful in manufacturing structures used in aerospace applications, such as airframes and aircraft engine components (see col. 12, lines 39-45).
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White discloses a central plane in the welding surface of the rotating sonotrode, but does not disclose a maximum diameter located in the central plane. However, such sonotrode shape is known in the art. El-Wardany discloses an ultrasonic manufacturing system, which is configured to weld a first structure 12 (object/workpiece) defining a first channel 22 (fig. 2), the system comprising (figs. 1-5): a sonotrode 24 configured to rotate about an axis of rotation 32 (fig. 3). The sonotrode comprises a welding surface 34 (contact surface) extending along a circumference of the sonotrode, wherein the welding surface has a contoured profile (curved profile- figs. 2-5) that matches a channel shape, and a first side and a second side disposed opposite one another in a direction of the axis of rotation, wherein the welding surface has a central plane disposed between the first side and the second side in the direction of the axis of rotation, wherein the central plane extends perpendicular to the axis of rotation of the sonotrode, wherein the welding surface has a maximum diameter located in the central plane (fig. 2- see diagram below), and wherein at least the sonotrode is configured to translate relative to an anvil/base (lateral direction- fig. 1); and a
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transducer 26 as well as a controller 28 configured to vibrate the sonotrode [0035]; a first foil 30 (repair piece- [0044]) positioned at least partially within the first channel, conforming to the shape of the first channel of the contoured profile of the sonotrode during welding (fig. 1).
Given teachings of White & El-Wardany, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute a contoured sonotrode similar to El-Wardany in the ultrasonic manufacturing apparatus of White with a motivation join objects/workpieces having grooves or contoured profile, as necessary for aerospace applications, as desired by White (col. 12, lines 39-45). Moreover, the claim would have been obvious because the substitution of one known sonotrode for another would only have yielded predictable results of bonding the objects/workpieces to one of ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007) (MPEP 2143- exemplary rationales). Examiner notes that the limitations of first channel, defined along the interface, a first foil configured to be positioned at least partially within the first channel…”- concerns workpiece materials which do not structurally limit the apparatus claims. The ultrasonic additive & consolidation manufacturing system in combination of White & El-Wardany is designed to have one or more repair foil(s) positioned in a first channel and configured to be welded by the sonotrode, wherein the first channel is present along an interface of two objects/structures being joined.
As to claims 38-40, examiner points out that features of foils positioned in the first channel and interface between two objects/structures concerns workpieces (see Claim Interpretation above). The ultrasonic additive & consolidation manufacturing system in combination of White & El-Wardany is well configured to weld one or more foils positioned at the interface between objects by the sonotrode and become an integral part as recited.
As to claims 39-40, in one embodiment, White shows that the interface is formed from a first angled surface of the first structure/object and a second angled surface of the second structure/object that is adjacent to the first angled surface of the first structure, wherein the interface between the first and second structures is centered with respect to the welding surface of the sonotrode roller (see fig. 25 diagram above).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVANG R PATEL whose telephone number is (571) 270-3636. The examiner can normally be reached on Monday-Friday 8am-5pm, EST.
To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at https://www.uspto.gov/patents/laws/interview-practice. Communications via Internet email are at the discretion of Applicant. If Applicant wishes to communicate via email, a written authorization form must be filed by Applicant: Form PTO/SB/439, available at www.uspto.gov/patent/patents-forms. The form may be filed via the Patent Center and can be found using the document description Internet Communications, see https://www.uspto.gov/patents/apply/forms. In limited circumstances, the Applicant may make an oral authorization for Internet communication. See MPEP § 502.03.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached on 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVANG R PATEL/
Primary Examiner, AU 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735