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 Amendment
The amendment filed December 23rd, 2025 has been entered. Claims 1-7, 9-14, and 17-20 remain pending in the application. Claims 8 and 15-16 have been cancelled by the applicant Applicant’s amendments to the claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed September 26th, 2025.
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 under 35 U.S.C. § 102(a)(1) and the rejection have been considered but are moot because the limitations of the claims have been amended to add new issues. New grounds of rejection have been issued.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, applicant argues against the combination of Lang’s wear monitoring device (fig. 6 and par.’s 27 and 58-60: wear monitoring unit containing optical sensor 16) as discloses in a third embodiment with the device of Lang disclosed in a first embodiment (fig. 3C and par. 51: wear indicator 305 attached to counter surface 4 of anvil 3). Applicant states on page 7 of the Remarks that Lang’s “type of optical wear indicator monitoring of Fig. 6 does not work at all with the layered wear indicator of the embodiment shown in Figure 3c, to which the Examiner had previously referred, since there are no protrusions whose height could be measured to monitor wear” and on pages 8-9 that a combination “[…] would change the principle of operation and require redesign […].”
The examiner finds that one of ordinary skill in the art would understand that a monitoring device comprising an optical sensor would be able to detect changes in color, as indicated by the wear indicator of figure 3C. Support for this can be found in at least Lang paragraph’s 27 and 58-60.
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 1-5, 7, 9, 12-14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lang (WO 2019161902 A1)1 further in view of Larsson (US 20160336149 A1).
Regarding Claim 1: In a first embodiment, Lang discloses (in at least figures 1 and 3C, the description, and the claims) a device for monitoring a state of wear, the device comprising:
a wear part (fig. 3C and par. 51: wear indicator 305 attached to counter surface 4 of anvil 3), comprising:
a part interior (fig. 3C and par. 51: interior recess 308 of anvil 3); and
a wear layer produced by additive manufacturing, covering the part interior and having a wear indicator which is produced by additive manufacturing2 and which is configured to indicate a state of wear of the wear part if the wear indicator is at least one of exposed and removed due to wear (fig. 3C and par. 51: wear indicator 305 has indicator layers 308B-308C formed using a 3D printing process. See par.’s 13-14: wear indicators indicate “a first use, a wear limit at which the respective part should be replaced and one or more intermediate stages” as layers are removed and reveal underlying layers.), wherein the wear indicator is formed at least in part by an embedding of the wear layer, at least in the regions or layers (fig. 3C and par. 51: wear indicator 305 has layers indicator layers 308A-308C. See par.’s 13-14: wear indicators indicate “a first use, a wear limit at which the respective part should be replaced and one or more intermediate stages” as layers are removed and reveal underlying layers. See also par. 21: “The layers may differ in their material and/or color and/or structure”).
In a third embodiment (fig. 6 and par.’s 27-28, 39, and 60), Lang discloses a device for monitoring a state of wear (fig. 6 and par. 39: wear indicator system with monitoring unit connected to control device ‘R’), the device comprising: a monitoring device configured to monitor the wear part with respect to the wear indicator (fig. 6 and par.’s 27 and 58-60: wear monitoring unit contains optical sensor 16 directed at wear indicator 605. See par. 27: wear monitoring unit “allows the device to detect wear independently.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the monitoring unit, as taught by Lang in a third embodiment, to be included in the wear device of Lang’s first embodiment thereby allowing the device to detect wear independently (par. 27) and adjust machine operations automatically in response to detected wear to ensure the device is operating at a sustainable rate (par. 60).
Lang does not disclose wherein the wear indicator is formed by explicitly nanoparticle embedding.
Larsson discloses an analogous art (fig.’s 1-2A, par.’s 9-10, and par.’s 28-33: chamber component 200 having wear surface 205 comprising wear indicator 217) wherein the wear indicator is formed at least in part by nanoparticle embedding of the wear layer, at least in the regions or layers (fig. 2A and par. 30: “nanoparticles 215 may be utilized as a wear indicator 217 and comprise a second material that may be different than the first material 207.” See also par. 31: “[…] surface 210 and the nanoparticles 215 are embedded by the additional material at a desired depth […]”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the nanoparticle embedding, as taught by Larsson, to be utilized in the formation of Lang’s wear indicator, provide an indicator material that can be configured to exhibit a variety of detectable properties thereby allowing the device to report multiple types of wear and the time period in which said wear occurred (Larsson par.’s 28-33. See also par.’s 34-35.)
Regarding Claim 2: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses wherein: the wear layer has a cover layer which covers the wear indicator when the wear part is in an unworn state; or the wear indicator, when the wear part is in the unworn state, forms a part surface of the wear part or is included in the part surface of the wear part (fig. 3C and par. 51: wear indicator 305 has layers indicator layers 308A-308C. See par.’s 13-14: wear indicators indicate “a first use, a wear limit at which the respective part should be replaced and one or more intermediate stages” as layers are removed and reveal underlying layers.).
Regarding Claim 3: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses wherein the wear indicator is further formed at least in part by at least one of:
an electrical conductor;
and a visual code (fig. 3C and par. 51: wear indicator 305 has layers indicator layers 308A-308C. See par.’s 13-14: wear indicators indicate “a first use, a wear limit at which the respective part should be replaced and one or more intermediate stages” as layers are removed and reveal underlying layers. See also par. 21: “The layers may differ in their material and/or color and/or structure”).
Regarding Claim 4: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses wherein:
the wear layer has a further wear indicator, which differs from the wear indicator, arranged closer to the part interior than the wear indicator, which is additively manufactured and is configured to indicate a further state of wear of the wear part if the further wear indicator is at least one of exposed and/or removed due to wear; and, optionally3, the wear layer has another, further wear indicator, which differs from the wear indicator and the further wear indicator, arranged closer to the part interior than the further wear indicator, which is additively manufactured and is configured to indicate another, further state of wear of the wear part if the other further wear indicator is at least one of exposed and/or removed due to wear (fig. 3C and par. 51: wear indicator 305 has layers indicator layers 308B-308C that are formed using a 3D printing process. See also par. 14: “Further embodiments may have four, five or six elevations and/or depressions”).
Regarding Claim 5: Lang in view of Larsson discloses the device according to claim 4, and Lang further discloses wherein the further wear indicator and, optionally, the other further wear indicator is formed at least in part by at least one of: an electrical conductor; at least one of coloring, structuring, texturing, change in hardness, change in material, and/or nanoparticle embedding of the wear layer, at least in regions or in layers; and a visual code, preferably a color code, a barcode, or a matrix barcode (fig. 3C and par. 51: wear indicator 305 has layers indicator layers 308B-308C formed of the same material and operate in the same manner. See also par.’s 13-14: wear indicators indicate “a first use, a wear limit at which the respective part should be replaced and one or more intermediate stages” as layers are removed and reveal underlying layers. See also par. 21: “The layers may differ in their material and/or color and/or structure”).
Regarding Claim 7: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses wherein:
the wear part is a container clamp for holding a container, a container guide for guiding containers, a closure channel for guiding container closures, a blocking star for interrupting a container flow, a bushing, a toothed wheel, a roller, or a guide4 (fig.’s 1 and 3C: wear indicator 105 is embedded into counter surface 4 of anvil 3 of ultrasonic device 1. Fig. 1 and par. 40: anvil 3 and side sliders 3 guide the welding of first and second joining components by vibration application surface).
Regarding Claim 9: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses in the third embodiment (fig. 6 and par.’s 27-28, 39, and 60) the device comprising:
an optical sensor arranged to detect the wear part (fig. 6 and par.’s 27 and 60: optical sensor 16),
wherein the monitoring device is configured to detect the wear indicator from a signal from the optical sensor (par. 60: “wear is detected by an optical sensor 16. The optical sensor 16, e.g. a CCD chip, measures the height of the elevations 607A to C and controls the feed V via a control device R. This allows the path of the sonotrode to be adapted to the current wear.”).
The rationale to combine is the same as for claim 1.
Regarding Claim 12: Lang in view of Larsson discloses the device according to claim 4, and Lang further discloses in the third embodiment (fig. 6 and par.’s 27-28, 39, and 60) wherein:
the monitoring device is configured to monitor the wear part with respect to the further wear indicator; and, optionally, the monitoring device is configured to monitor the wear part with respect to the other, further wear indicator (fig. 6 and par.’s 58-60: optical sensor 16 of monitoring unit directed at multiple wear indicators 607A-607C of wear indicator 605).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the monitoring unit, as taught by Lang in a third embodiment, to be included in the wear device of Lang’s first embodiment in view of Larsson thereby allowing the device to detect wear independently (par. 27) and adjust machine operations automatically in response to detected wear to ensure the device is operating at a sustainable rate (par. 60).
Regarding Claim 13: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses in the third embodiment (fig. 6 and par.’s 27-28, 39, and 60) the device having at least one of the following features:
the monitoring device is configured to output the indication signal in at least one of the following ways: visually, acoustically, haptically, to a control unit, to a local user interface and to a remote user interface; and the monitoring device is part of at least one of a local control unit and a server- based remote machine monitoring system (fig. 6 and par. 60: “The optical sensor 16, e.g. a CCD chip, measures the height of the elevations 607A to C and controls the feed V via a control device R.”, par. 28: “The control device uses signals from the wear monitoring unit, whereby the wear monitoring unit is a measuring element. The control device contains an actuator and thereby preferably controls at least one, preferably several, of the following parameters of the device: contact force, vibration amplitude, vibration energy, contact time, path of the sonotrode. In one embodiment, the control device can control all of the parameters mentioned”).
The rationale to combine is the same as for claim 1.
Regarding Claim 14: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses in the third embodiment (fig. 6 and par.’s 27-28, 39, and 60) the device further comprising:
a machine having the wear part, wherein the monitoring device is configured to adapt an operation of the machine if the wear indicator indicates the state of wear (fig. 6, par. 13, and par. 60: “The optical sensor 16, e.g. a CCD chip, measures the height of the elevations 607A to C and controls the feed V via a control device R.”, par. 28: “The control device uses signals from the wear monitoring unit, whereby the wear monitoring unit is a measuring element. The control device contains an actuator and thereby preferably controls at least one, preferably several, of the following parameters of the device: contact force, vibration amplitude, vibration energy, contact time, path of the sonotrode. In one embodiment, the control device can control all of the parameters mentioned” ).
The rationale to combine is the same as for claim 1.
Regarding Claim 18: Lang in view of Larsson discloses the device according to claim 1, and Lang further discloses wherein the wear layer and the wear indicator are produced by 3-D printing (fig. 3C and par. 51: “layers 308c and 308b were applied using a 3D printing process. A particularly suitable 3D printing process is a 3D powder printing process, e.g. Sintering.”).
Claims 6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lang and Larsson.
Regarding Claim 6: Lang, in their first embodiment (fig. 3C and par. 51) and in view of Larsson, discloses the device according to claim 4.
In a second embodiment (fig. 3B and par. 40), Lang discloses wherein: the wear indicator and the further wear indicator and, optionally, the other further wear indicator are each formed by a layer-wise coloring of the wear layer (fig. 3B and par. 40: The three layers 208A-208C “have different colors. The top layer 208 c has a green color, the middle layer 208 b has a yellow color and the bottom layer 208 a has a red color.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the colored layers, as taught by Lang in a second embodiment, to be included in the first embodiment of Lang in view of Larsson as applied to claim 1, so that a change in the state of wear is easily recognizable (par.’s 12, and 20-23).
Regarding Claim 19: Lang, in their first embodiment (fig. 3C and par. 51) and in view of Larsson, discloses the device according to claim 3.
In a second embodiment (fig. 3B and par. 40), Lang discloses the wear part comprising at least one of the following features: the electrical conductor is a conductor track or a conductive layer, and the visual code is a color code, a barcode, or a matrix barcode (fig. 3B and par. 40: The three layers 208A-208C “have different colors. The top layer 208C has a green color, the middle layer 208B has a yellow color and the bottom layer 208 a has a red color.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the color-coded layers, as taught by Lang in a second embodiment, to be included in the first embodiment of Lang in view of Larsson as applied to claim 1, so that a change in the state of wear is easily recognizable (par.’s 12, and 20-23).
Regarding Claim 20: Lang in view of Larsson discloses the device according to claim 6, and Lang further discloses in their second embodiment (fig. 3B and par. 40) wherein the wear indicator and the further wear indicator and, optionally, the other further wear indicator are each formed by a layer- wise coloring of the wear layer in a manner of a traffic light system and/or with a color gradient (fig. 3B and par. 40: The three layers 208A-208C “have different colors. The top layer 208C has a green color, the middle layer 208B has a yellow color and the bottom layer 208 a has a red color.”).
The rationale to combine is the same as for claim 6.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lang and Larsson as applied to claim 1 above, further in view of Woidasky (US 20210162485 A1).
Regarding Claim 10: Lang in view of Larsson discloses the device according to claim 1, but does not disclose an electrical circuit connected to the wear indicator.
Woidasky discloses an analogous art (fig. 4 and par. 54: component with electrical wear identification 400) further comprising:
an electrical circuit connected to a wear indicator when the wear part is in the unworn state (fig. 5 and par. 54: component 400 is connected to electrical circuit 400, par.’s 55-57: component 400 acts like a switch in the circuit, with a plurality of alternating insulating layers 440 and electrically conductive layers 450 that are successively removed or damaged due to wear. See also par. 59);
wherein a monitoring device is configured to monitor at least one electrical parameter of the electrical circuit (par. 54: “The electrical circuit 410 comprises a supplier such as a voltage source and a consumer 430 at which electrical parameters such as voltage or current can be measured.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the electrical circuit connected to the wear component of Woidasky, to be included in Lang and Larsson’s device thereby allowing the wear part to indicate a definitive measurement corresponding to the exact degree of wear on the device (Woidasky par. 57) a provide a more accurate picture of the device’s remaining lifetime to the user (Woidasky par.’s 61-67 ).
Regarding Claim 11: Lang and Larsson in view of Woidasky disclose the device according to claim 10, and Woidasky discloses wherein the monitoring device is further configured to do at least one of the following:
output the indication signal in the event of an interruption of the electrical circuit; output the indication signal in the event of a change in the at least one electrical parameter; determine a load state of the wear part as a function of a degree of change in the event of a change in the at least one electrical parameter, and to output at least one of a signal indicating the determined load state, and a signal if the determined load state is greater than a prespecified maximum load state; and determine a number of load cycles as a function of a number of changes in the at least one electrical parameter, and to output at least one of a signal indicating the number of load cycles, and a signal if the determined number of load cycles is greater than a prespecified maximum load cycle number (par. 54: “The electrical circuit 410 comprises a supplier such as a voltage source and a consumer 430 at which electrical parameters such as voltage or current can be measured. The component 400 then functions as a switch. In other words, the component 400 is sometimes a conductor and sometimes an insulator. A suitable consumer 430 monitors and displays whether the circuit 410 is closed.” See also par.’s 55-59. See also wear test procedure outlined in par.’s 61-66).
The rationale to combine is the same as for claim 10.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lang and Larsson as applied to claim 1 above, further in view of Steeber (US 5601180 A).
Regarding Claim 17: Lang in view of Larsson discloses the wear part according to claim 1, but does not disclose that the wear part is for a container processing system.
Steeber discloses an analogous art (fig. 10 and col. 5 lines 39-58: wear indicator plug 90 installed in conveyor apparatus) which is for a container processing system (fig. 1 and col. 1 lines 21-50: wear indicator is adapted for a beverage container processing system).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the wear part, as taught by Lang and Larsson, to be included in the container system of Steeber expanding the capability of the wear part to provide cumulative wear information related to conveyor machines operating in a high-friction environment (Steeber col. 1 lines 21-50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Ross (US 20210030173 A1) discloses the wear part according to claims 1-7, and 19-20.
Koch (US 20190084111 A1) discloses the wear part according to claims 1-7, and 19-20.
D’Ambra (US 20180061696 A1) discloses the wear part according to claims 1-9, and 12-16.
Surrurier (US 20170356165 A1) discloses the wear part according to claims 1-9, and 12-16.
Adam (US 20220063919 A1) discloses the wear part according to claims 1-7, and 19-20, apart from the wear component being produced by additive manufacturing.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 3/16/26
1 See attached translation of description.
2 Examiner’s Note: The limitation “wear indicator which produced by additive manufacturing” used throughout the claims is interpreted under the guidelines of MPEP 2113. The limitation “produced by additive manufacturing” may be anticipated by the prior art, and cited accordingly, however the “wear indicator” is limited only the structure of a wear indicator itself, not the process steps of additive manufacturing.
3 Examiner’s Note: The use of the term “optionally” throughout the claims is interpreted under the guidelines of MPEP 2173.05(h)(II) and 2143.03. The limitations following the term “optionally” may be anticipated by the prior art, and cited accordingly, however they interpreted as optional limitations that are not required elements of the claim.
4 Paragraph [0037] of the applicant’s specification filed 6/19/2023 states that the wear part may be “generally any guide.”