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 .
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 4 and 7 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.
Claim 4 recites: “the couple part is designed as a claw coupling”
Claim 7 recites: “the adjustment mechanism is designed as a toggle lever mechanism”
It is unclear what the metes and bounds of the term “designed as” encompasses.
Claim Rejections - 35 USC § 102
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 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, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (hereafter “Kim”)(KR101554482).
With regards to claim 1, Kim discloses a mobile flanging machine for pipes, comprising:
a portable frame (3),
a drive (motor 4) mounted on the portable frame,
a roller (52) that is configured to be driven by the drive via a transmission (41), and an adjustment mechanism (7) fixed to the frame (3), and
a counterpressure roller (62) is movably held on the adjustment mechanism (7),
wherein a bent-over flange is produced on a pipe end by inserting the pipe end into a gap between the roller (52) and the counterpressure roller (7).
With regards to claim 2, Kim discloses wherein the drive (4) is detachably fixed to the frame (3).
With regards to claim 6, Kim discloses wherein the frame is substantially cuboidal and has interconnected profiles (20, 21).
With regards to claim 9, Kim discloses wherein the drive comprises an electric motor (4) connected to the coupling part via an angular gear [paragraph 0054].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-5, 10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim.
Kim discloses that the drive motor 4 and transmission 41 are coupled together but does not disclose specifically what type of coupling parts are utilized. Kim discloses the invention substantially as claimed except for wherein the drive is engaged with the transmission via a claw coupling part. It is considered to be well-known that motor and transmission can be connected via many different types of coupling such as; flexible, bellow, hear, variable speed, constant speed, claw, or bushed pin-type. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide a claw coupling since it would have been obvious to try this technique when choosing from a finite number of identified, predictable solutions for coating, with a reasonable expectation of success. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
With regards to claim 5, Kim discloses the invention substantially as claimed except for wherein the flanging machine has a total weight of less than 130 kg. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed weight, since it has been held that discovering an optimum value of a results effective variable involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ 215 (CCPA 1980).
With regards to claims 10 and 15, Kim discloses the invention substantially as claimed except for wherein a housing is provided around the frame and the drive. It is considered to be common knowledge that a housing be provided for protecting the internal parts of a machine against external contamination and protecting operators against movable parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Kim’s device with housing because combining prior art elements according to known methods to yield predictable results require only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
With regards to claim 14, Kim does not expressly disclose transporting and connecting & fixing the claimed elements. It is considered to be common knowledge that parts would need to be transported and assembled for maintenance or exchange purposes. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide transporting and connecting steps because applying a known technique according to known methods to yield predictable results require only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Schwermasch (FR2111855).
Kim discloses the invention substantially as claimed except for wherein the adjustment mechanism is a toggle lever mechanism. Schwermasch is relied upon to teach a flange forming device with a toggle lever mechanism 6 that supports roller 5. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute Kim’s adjustment mechanism with Schwermasch’s adjustment mechanism because simple substitution of one known element for another yield predictable results require only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Stauffacher et al. (hereafter “Stauffacher”).
Kim discloses the invention substantially as claimed except for wherein a foot lever is provided on the adjustment mechanism and configured for actuating or moving the counterpressure roller. Stauffacher is relied upon to teach a flange forming device with a foot lever 52 to control the flange forming. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Kim’s device with foot lever because combining prior art elements according to known methods to yield predictable results require only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
Claims 11-13 rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Binggeli et al. (hereafter “Binggeli”) (US 6,598,285).
Kim discloses a cover plate (8). Kim discloses the invention substantially as claimed except for a plurality of strips fixed to the upper side of a cover plate and the strips are screwed to the frame, wherein the strips are a contact surface is provided around the roller for limiting the axial movement of the pipe. Binggeli is relied upon to teach a flanging machine with a roller (7) wherein a contact surface is provided around the roller for limiting the axial movement of the pipe, the contact surface comprises a plurality of strips (8, 10) fixed to an upper side of a cover plate (3) and the strips are screwed to the frame (120). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Kim’s device with a plurality of strips because combining prior art elements according to known methods to yield predictable results require only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further disclose the state of the art: US 2018/0311717.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725