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 .
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:
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, 5-9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US2008/0066553 (Espada Tejedor). As to claim 1, Espada Tejedor discloses an ultrasonic inspection of parts including inspection head A including a probe holder frame (third frame 3/second frame 2) having a generally planar body and at least one aperture (within plates 12) extending therethrough, wherein the aperture is open in the downward direction and defines an open lower end of the probe holder frame; an arc plate (plastic cover 18) including curved lateral edges, and one or more guide rails (side 1a/1f guiding the axle 11a, see fig. 3) extending in a horizontal direction (as viewed in fig. 3) wherein the arc plate is coupled (placed between first frame 1 and second frame 2) to the probe holder frame and positioned within the aperture such that the curved lateral edges are constrained in the plane of the probe holder frame and wherein an ultrasonic probe (ultrasonic scanner inside roller 4) configured to slidably mount (about axle 11a) to the one or more guide rails (side plate 1a/1f) via a gimbal (tilt axle 11a), see pivotal motion depicted by the double arrow; a follower plate (1a/1b/1e/1f) mounted to (cover 18 placed between first frame 1 and second frame 2) a lower end of the arc plate and the follower plate including arms (vertical plates 1c/1d) extending laterally outward from “a” vertical axis in the plane of the arc plate and a plurality of contacts (roller 4/ball bearings 14) slidably mounted to the arms of the follower plate and extending downward from the follower plate in the vertical direction, wherein the arc plate 18 is further configured to pivot (see fig. 3) with respect to the probe holder frame, in the plane of the probe holder frame, in response to vertical movement of one or more of the plurality of contacts, see figs. 2-10 and par[035] et seq. Further, it is noted that the arc plate is not disclosed as an “arc plate” per se. However, the protective cover 18 has a flat portion along with curved lateral edges such that it would have been obvious to one of ordinary skill in the art at the time of filing to have designated the protective cover 18 as a “arc plate” since the shape is in the form of an arc shape and since “arc plate” does not appear to be a known feature, per se. As to claim 5, the contact comprises a contact body (material 4b) and a contact tip (housing 10b or roller 4) positioned at “a” terminal end. As to claim 6, roller 4 is in the form of a ball with a socket (axle). As to claim 7, note controller (control circuit of par[008]), actuator (3/9/9a) and a probe mount (installation 8). As to claim 8, note the cross-bar (central part 2a) with opposed lateral edges (plates 12), the limit switch (limit plate 17b or maximum tilt sensor 15). As to claim 9, the gimbal is slidably mounted to the guide rail 1a/1f and wherein the gimbal is configured to rotate the ultrasonic probe (roller 4) with respect to the probe holder frame, see double arrow of fig. 3. As to claim 16, note tank (water supply conduct 26) and sliding assembly (second frame 2/3).
Claim(s) 1, 2, and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy et al-US2006/0162456. As to claim 1, Kennedy et al disclose a non-destructive stringer inspection apparatus including a probe holder frame (housing exoskeleton 260) having a generally planar body and an aperture (area within 260) extending therethrough, wherein the aperture is open in the downward direction and defines an open lower end of the probe holder frame; an arc plate (probe 30/40, see figs.3/4) including curved lateral edges and one or more guide rails (top of exoskeleton 260 “rail” as seen in fig. 17 above item 212), wherein the arc plate is coupled (coupling device 42) to the probe holder frame and positioned within the aperture such that, the curved lateral edges are constrained in the plane of the probe holder frame, and wherein an ultrasonic probe 30 is configured to “slidably mount” to the one or more rails via a gimbal (formed by the vertical adjustment drive 212 and springs 213); a follower plate (lower housing 44) mounted to a lower end of the arc plate and including arms (sides 46/48) extending laterally outward from a vertical axis in the plane of the arc plates and a plurality of contacts (wheels 41) slidably mounted to the arms of the follower plate and extending downward from the follower plate, wherein the arc plate is further configured to pivot ( via springs 213) with respect to the probe holder frame, in the plane of the probe holder frame, in response to vertical movement of one or more of the plurality of contacts, see figs. 2-4 and 17 and par[049] et seq. Further, it is noted that the probe 30 is not disclosed as an arc plate, per se. Further, it is noted that “arc plate” does not appear to be a known feature in the art of probes. The probe 30 appears to be depicted in the form of an arc as in figs. 3 and 4 such that it would have been obvious to one of ordinary skill in the art at the time of filing to have designated the probe as an “arc” plate as it has curved edges and is in the form of a plate with probes on it as a matter of design choice as to what to name the probe housing. As to claim 2, note springs 213 mounted to the housing 260. As to claims 5-6, note the contact members 41 can be wheels, bearings, or skids which would have a contact body and tip and wheels can be in the form of a ball in a socket. As to claim 7, note the controller and computer of par[070], actuator (motor 262 with gears 268) coupled to the probe holder frame (housing 260), and probe mount coupling 42 coupled to the actuator gears via shoes 202, see fig. 17. As to claim 8, again the top of exoskeleton (near item 212) can be designated a cross-bar extending between lateral edges(as seen in fig. 17 near item 260) of the aperture (within 260) and there is disclosed a smart stepper motor that drives the wheels and an optical encoder to denote location and speed of the inspection device such that the encoder can act as the limit device to stop downward movement which could easily be mounted to the cross-bar as a matter of design choice, see par[070].
Allowable Subject Matter
Claims 3, 4, 10-15 and 17-18 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.
The following is a statement of reasons for the indication of allowable subject matter: the primary reason for allowance of the claims is that the prior art fails to teach or suggest an ultrasonic probe holder as in claim 1 along with as in claim 3, “a cross-bar extending between opposed lateral edges of the aperture; and at least one first pin mounted to the cross-bar and extending in a direction out of the plane of the arc plate; wherein, when the arc plate is not pivoted, the lower end of the arc plate contacts the at least one first pin” or along with as in claim 10, the gimbal comprises: a vertically extending shaft extending between a lower end and an upper end; a plurality of horizontally extending plates disposed about the shaft and vertically offset from one another, the plurality of plates including: a base plate rigidly coupled to the shaft, an upper plate; and a middle plate vertically positioned between the base plate and the upper plate; and a slidable mount coupled to the base plate and including a plurality apertures configured to receive corresponding ones of the guide rails; wherein the ultrasonic probe is coupled to the lower end of the shaft or along with as found in claim 17, “a plurality of ultrasonic probe holder assemblies mounted to the sliding assembly; a vertically extending second portion of the probe mount positioned adjacent to a leading ultrasonic probe holder of the plurality of ultrasonic probe holders; and a proximity sensor mounted to a lower end of the second portion of the probe mount and in communication with the controller; wherein the proximity sensor is configured to transmit one or more proximity signals to the controller upon detection of a terminal end of a target adjacent thereto”
Claim Objections
Claim15 is objected to because of the following informalities: on line 1, “the contact” should probably be – each contact--. Appropriate correction is required.
Response to Arguments
Applicant's arguments filed 4/20/26 have been fully considered but they are not persuasive. It is noted that Applicant indicated that the objected subject matter was incorporated into the independent claim 1. However, it is noted that the entire claim was not incorporated into the independent claim and therefore, the above rejection necessitated the new grounds of rejections. Further, it was verified that it was intended to include only the partial allowable subject matter. Also, it is argued that Espada Tejedor lacks “guide rails provided on the plastic cover” or “wherein an ultrasonic probe is configured to slidably mount to the one or more guide rails of the arc plate via a gimbal”. Such arguments are not found persuasive because there is no claim limitation reciting the guide rails to be “mounted or provided on” the arc plate. Further, it is noted that the ultrasonic probe or roller is mounted to the ”rails” indicated and the rails/plate can be designated “of the arc plate” without actually being provided on or mounted on the arc plate, although the fig. 3 depiction which do appear to depict the plates 1a/1f provided on cover 18 or mounted on the arc plate, see the abutment depicted.
Conclusion
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NF
Examiner
Art Unit 2855
/N.S.F/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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