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 Arguments
Applicant’s arguments, see remarks and amendments, filed 8/8/2025, with respect to the rejections of claims 3 and 5-6 under 35 U.S.C section 112(b) have been fully considered and are persuasive. The 35 U.S.C section 112(b) rejections of claims 3 and 5-6 has been withdrawn.
Applicant's arguments filed 8/8/2025 have been fully considered but they are not persuasive with respect to the rejections under 35 U.S.C section 102 and 103. DE 102011114015 A1 (“Reinhold” in applicant’s response) in the translation discloses that “For this purpose, the above sequence of steps from steps 1 to 3 at least twice, preferably several times, repeated, wherein it is the backing 4 around the respectively last laid fiber blank 3 is. The preparation of a two-ply, binder fiber preform 2 results accordingly from the in 4 illustrated sequence of steps.” A review of the sequence in Figure 4 discloses that one pass of the sequence is apply binder with 7a, place layer on part with gripper 6a/6b, and heat entire part with heating arrangement 11; and then repeat the sequence again as needed.
Therefore, the full sequence for two layers would be
1. apply binder with 7a, (shown in Figure 4a)
2. place layer on part with gripper 6a/6b, (shown in Figure 4b)
3. heat entire part with heating arrangement 11, (shown in Figure 4c)
4. apply binder with 7a, (a repetition of step 1, shown in Figure 4a)
5. place layer on part with gripper 6a/6b, (shown in Figure 4b) and
6. heat entire part with heating arrangement 11 (shown in Figure 4c).
Inside that repeated sequence, applicant’s claimed process occurs, as noted by the sequence of steps from step 3 to 5. The entire part is heated in step 3 (corresponding to Figure 4c), and then the application occurs at step 5, which is the repeating of step 2. Therefore, a direct heating of the part does occur prior to the placement of a layer. Therefore, the system and method of DE 102011114015 A1 does perform the same intended use or method as it repeats the steps.
Therefore, DE 102011114015 A1 anticipates applicant’s claimed invention.
Similarly, Mueller discloses the same sequence operation. See paragraph 0068, which discloses that “[0068] In a last step in the method (shown in FIG. 16) the apparatus 13 is now released from the flat thermoplastic material 3 and the method can begin from the start—for example by repeating the method steps shown in FIGS. 11 to 16.” Therefore, the system and method of Mueller does perform the same intended use or method as it repeats the steps.
Therefore, Mueller also anticipates applicant’s claimed invention.
Alternatively, in response to applicant's argument that the apparatus claims 1-7 that Reinhold and Mueller do not disclose a system for heating the surface to be draped adapted to directly heat said surface, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114 and 2115.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“system for heating the surface to be draped” and/or “heating system” in claim 1 and 8. The specification discloses that the system for heating the surface to be draped can include a lamp, a hot air blower or a resistor.
“gripper” and “selectively activatable gripping system” in claim 1 and 8. The specification discloses that the gripping system can be pneumatic, hydraulic, or electrostatic suction.
“a mechanism or a linkage” in claim 5. The specification discloses that mechanism or linkage can be a pivot connection.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-3 and 5 and 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by DE 102011114015 A1.
As to claim 1, DE 102011114015 A1 discloses an automaton (“robot 1”) for applying a patch (“fiber blank 3”) to a surface (“fiber preform 2”) to be draped, the automaton comprising
a gripper (“gripping elements 6a-d” and “Andrückstempel 13”) adapted to grasp the patch (“fiber blank 3”) and to deposit it over the surface to be draped (“fiber preform 2”), and
a system for heating (“heating arrangement 11”) the surface to be draped adapted to directly heat said surface (see the translation, disclosing that “A particularly compact overall arrangement results from the fact that by means of the heating arrangement 11 the Andrückanordnung 12 , here are the Andrückstempel 13 the Andrückanordnung 12 , for activating the binder material 5 is heated or are. The heating arrangement 11 is in the Andrückanordnung 12 , here in the Andrückstempel 13 , integrated.” The term “Andrückstempel” translates to pressure stamp, and thus, the pressure stamp also functions to heat the binder on the surface to be draped),
the gripper comprising a selectively activatable gripping system (See the translation, disclosing “However, designed as a pneumatic gripping arrangement, wherein the gripping elements 6a D are accordingly designed as pneumatic gripping elements”.) and a deformable material (see the translation, disclosing “To exert excessive force from the Andrückanordnung 12 on the pad 4 To avoid, it is preferably provided that the Andrückanordnung 12 , here the Andrückstempel 13 , contrary to the pressing direction 15 is resiliently designed or are. For this is every Andrückstempel 13 a spring element 16 assigned in the manner of a coil spring.”) positioned against a gripping surface of the gripping system[[ (18; 27)]].
See Figure 1a, below:
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As to claim 2, DE 102011114015 A1 discloses wherein the gripping system is pneumatic or mechanical or electrostatic. See the translation, disclosing pneumatic gripping systems, teaching “However, designed as a pneumatic gripping arrangement, wherein the gripping elements 6a D are accordingly designed as pneumatic gripping elements”. See the translation, disclosing mechanical gripping systems, teaching “these may be pincer grippers, needle grippers, freeze grippers or the like”.
As to claim 3, DE 102011114015 A1 discloses further comprising a carrier (manipulator 1, which can be a robot, see the translation, disclosing “Here and preferably it is the manipulator 1 around a robot, like in 1a is shown.”) and a head (“end effector”) carried by the carrier (a manipulator 1 such as a robot), the head comprising a gripper (“gripping elements 6a-d” and “Andrückstempel 13”) and a system for heating (“heating arrangement 11”) the surface to be draped.
As to claim 5, DE 102011114015 A1 discloses wherein the heating system is connected to the head of the automaton by a mechanism or a linkage so that the heating system is retractable. See the translation, disclosing “The second, the activation arrangement 8th assigned carrier plate 18 is accordingly adjustable relative to the manipulator 1 designed. For this purpose, the Andrück actuator 14 two linear drives 14a . 14b on, which are pneumatically operated here and preferably. Because of the heating arrangement 11 is only adjustable between two end positions back and forth, ranging from two simple pneumatic cylinder with appropriate linear guide.”
As to claim 8, DE 102011114015 A1 a method for positioning a patch over a surface to be draped, the method comprising:
Gripping a patch by the gripper (“gripping elements 6a-d” and “Andrückstempel 13”) of the automaton according to claim 1 (see claim 1 above);
Heating the surface to be draped by means of the heating system (“heating arrangement 11”) of the automaton; and
Laying the patch over the surface to be draped by means of the gripper (“subsequently laying the gripped fiber blank 3”).
See the discussion in claim 1 above. See also the translation, disclosing:
A particularly compact overall arrangement results from the fact that by means of the heating arrangement 11 the Andrückanordnung 12 , here are the Andrückstempel 13 the Andrückanordnung 12 , for activating the binder material 5 is heated or are. The heating arrangement 11 is in the Andrückanordnung 12 , here in the Andrückstempel 13 , integrated.
See the translation, disclosing:
The proposed method can be in the context of the production of the above-mentioned multilayer fiber preforms 2 apply. For this purpose, the above sequence of steps from steps 1 to 3 at least twice, preferably several times, repeated, wherein it is the backing 4 around the respectively last laid fiber blank 3 is. The preparation of a two-ply, binder fiber preform 2 results accordingly from the in 4 illustrated sequence of steps.
For an efficient use of binder material 5 ensure, it is preferably provided that by means of Applizieranordnung 7 binder material 5 only on the above-mentioned, predetermined adhesive areas 9 is applied. This can be done easily with the proposed end effector, as explained above.
The required amount of binder material 5 can be kept very low if the binder material 5 as explained above, it is applied essentially only at points. With a suitable design of the binder material 5 is an immediate curing of the binder material 5 possible after pressing.
Accordingly, it is preferably also provided that by means of the Andrückanordnung 12 the pressing only on predetermined areas of the document 4 , here and preferably only at the gluing areas 9 , is made. This ensures that a mechanical stress on the fiber blanks 3 is kept to a minimum.
With the proposed end effector and the proposed method can be largely any fiber preforms 2 generate automatically.
Claim(s) 1-5 and 7-8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mueller (US 20190337281 A1)
As to claim 1, Mueller discloses an automaton (“handling device 16”) for applying a patch (“a flat thermoplastic material 3”) to a surface (“join partner 5”) to be draped, the automaton comprising
a gripper (“carrier structure 14”) adapted to grasp (via “suction device 12” or “electrostatic gripper 8”) the patch (“a flat thermoplastic material 3”) and to deposit it over the surface to be draped (“join partner 5”), and
a system for heating (“heating cartridge 17 or hot gas nozzle 22 or induction coil 23 or heating rod 24”) the surface to be draped adapted to directly heat said surface (see the paragraphs 0048-53, below),
the gripper comprising a selectively activatable gripping system (See either “vacuum suction gripper 10 or electrostatic gripper 8”) and a deformable material (see paragraph 0052, disclosing “the flexible sealing lips of the vacuum suction gripper 10) positioned against a gripping surface of the gripping system.
See Figure 10-14, below:
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See paragraph 0048-53, disclosing:
[0048] FIG. 1a shows a first embodiment of an apparatus 13 according to the invention for handling and locally fixing flat thermoplastic materials 3. In this case the apparatus has a handling device 1 which is in the form of a vacuum suction gripper 10, and a heating element 2. In this arrangement the heating element 2 is disposed in a central region of the vacuum suction gripper 10. The heating element 2 itself is in the form of a heating cartridge which can be supplied with power by way of power cables 18. That heating cartridge 17 is mounted within a receiving sleeve 19 connected to the holding device 1 by way of an insulating layer 7. The holding device 1 forms an internal space 20 which can be subjected to vacuum by means of a suction device 12 in order to hold a flat thermoplastic material 3 in a suction region 11 or also a holding region 4.
[0049] FIG. 1b shows an isometric view of the apparatus 13 of FIG. 1a.
[0050] FIG. 2 shows a second variant of an apparatus 13 according to the invention for handling and local fixing of flat thermoplastic materials 3. Here too once again the holding device 1 is in the form of a vacuum suction gripper 10. The vacuum suction gripper 10 can again be caused to produce a vacuum in its internal space 20 by the suction device 12 in order to hold a flat thermoplastic material 3 in the suction region 11 or the holding region 4. In this embodiment however the heating elements 2 is in the form of a hot gas nozzle 22. The hot gas nozzle 22 is in turn arranged in a central region of the holding device 1 and connected by way of an insulating layer 7 to the holding device 1, more precisely to the vacuum suction gripper 10. In such a configuration hot gas can be passed by means of the hot gas nozzle 22, more precisely by way of the feed passage 28, in which case that hot gas heats the heating element 2 disposed in the suction region 11, more precisely centrally in the holding region 4. As already provided in FIG. 1a there is a mounting device 21 in order to mount the apparatus 13 to a handling device 6 or a carrier structure 14.
[0050] FIG. 2 shows a second variant of an apparatus 13 according to the invention for handling and local fixing of flat thermoplastic materials 3. Here too once again the holding device 1 is in the form of a vacuum suction gripper 10. The vacuum suction gripper 10 can again be caused to produce a vacuum in its internal space 20 by the suction device 12 in order to hold a flat thermoplastic material 3 in the suction region 11 or the holding region 4. In this embodiment however the heating elements 2 is in the form of a hot gas nozzle 22. The hot gas nozzle 22 is in turn arranged in a central region of the holding device 1 and connected by way of an insulating layer 7 to the holding device 1, more precisely to the vacuum suction gripper 10. In such a configuration hot gas can be passed by means of the hot gas nozzle 22, more precisely by way of the feed passage 28, in which case that hot gas heats the heating element 2 disposed in the suction region 11, more precisely centrally in the holding region 4. As already provided in FIG. 1a there is a mounting device 21 in order to mount the apparatus 13 to a handling device 6 or a carrier structure 14.
[0051] FIG. 3 shows a third embodiment of an apparatus 13 according to the invention. As already described in relation to the preceding Figures in this embodiment also the holding device 1 is in the form of a vacuum suction gripper 10, wherein a vacuum can be produced in an internal space 20 of the vacuum suction gripper 10 by way of a suction device 12. In this embodiment the heating device 2 is in the form of an induction coil 23 which can heat a heating rod 24 by means of electrical energy supplied to the induction coil 23 by way of the power cables 18. That heating element 2 is in turn connected to the holding device 1 by means of an insulating layer 7. Once again subsequently a flat thermoplastic material 3 arranged in the holding region 4 of the vacuum suction gripper 10 can be locally heated by the heating element 2 in order to locally thermally fix that flat thermoplastic material 3 to a join partner 5.
[0052] FIG. 4 shows a further embodiment of an apparatus 13 according to the invention. Once again (similarly as in FIG. 1a) the apparatus 13 is provided by a vacuum suction gripper 10 which functions as a holding device 1 and in the internal space 20 of which a vacuum can be produced by the suction device 12 in order to hold a flat thermoplastic material 3 in a holding region 4, more precisely in a suction region 11 of the apparatus 13. The heating element 2 is again formed by a heating cartridge 17 arranged in a receiving sleeve 19, wherein the receiving sleeve 19 is connected to the holding device 1 by way of an insulating layer 7. The heating cartridge 17 is again supplied with electrical energy by way of power cables 18. In this embodiment however the heating element 2 is connected moveably to the holding device 1, more precisely the heating element 2—the receiving sleeve 19—is connected to the holding device 1 by way of the spring elements 6 and can thus perform a movement in its axial direction. That configuration with the spring element 6 is intended subsequently to ensure that, when a flat thermoplastic material 3 is sucked in position in the suction region 11 by the vacuum suction gripper 10, that flat thermoplastic material 3 is not plastically deformed or damaged by the heating element 2 as the flexible sealing lips of the vacuum suction gripper 10 can generally be easily elastically deformed and it would thus be possible that, if the heating element 2 were not axially moveable, it would penetrate or deform the flat thermoplastic material 3 to be taken up.
[0053] FIG. 5 shows a fifth embodiment of an apparatus 13 according to the invention, in which the holding device 1 is in the form of a so-called electrostatic gripper 8. That electrostatic gripper 8 has an electrostatic film 25, wherein the film 25 can change an electrical charge at its contact surface 9 by means of an activation device (not shown). That activation device can be connected to the electrostatic film by way of the power cables 18. The electrostatic gripper 8 can hold a flat thermoplastic material 3 which is in contact with the contact surface 9 in the holding regions 4 by virtue of the change in the electrical charge at the contact surface 9. In this embodiment the heating element 2 is again formed by a heating cartridge 17 fixed to the holding device 1 by means of a receiving sleeve 19. The heating cartridge 17 can again be supplied with electrical energy by the power cables 18. In that respect it can be clearly seen from FIG. 5 how the heating element 2 is surrounded by the holding regions 4. The apparatus 13 again has a mounting arrangement 21.
As to claim 2, Mueller discloses wherein the gripping system is pneumatic or mechanical or electrostatic. See vacuum suction gripper 10, which reads on mechanical and pneumatic, and electrostatic gripper 8, which reads on electrostatic.
As to claim 3, Mueller discloses further comprising a carrier (“handling device 16”) and a head (“carrier structure 14”) carried by the carrier (a manipulator 1 such as a robot), the head comprising a gripper (“vacuum suction gripper 10” or “electrostatic gripper 8”) and a system for heating (“heating element 2”, which can include “a heating cartridge 17”, “a hot gas nozzle 22”, “an induction coil 23 which can heat a heating rod 24”) the surface to be draped.
As to claim 4, Mueller discloses further comprising a first carrier comprising a first head and a second carrier carrying a second head, one amongst the first and second heads comprising the gripper and the other one comprising the heating system.
See paragraph 0023 and 0058, disclosing:
[0023] Furthermore, an arrangement can include at least two apparatuses according to the invention for handling and locally fixing flat thermoplastic materials, with the at least two apparatuses being connected together by a carrier structure. Such a carrier structure in that respect can have a one-part or multi-part configuration. Preferably, the at least two apparatuses are arranged so that at least one flat thermoplastic material can be held at one side in unilateral contacting relationship along a surface by the at least two holding devices.
…
[0058] FIG. 7 shows an embodiment according to the invention by way of example comprising a plurality of apparatuses 13. In this case the apparatuses 13 are arranged on a carrier structure 14 which in this embodiment is in the form of plate. Accordingly, at least one flat thermoplastic material 3 can be held at one side in contacting relationship along a surface by a plurality of apparatuses 13. It is not further necessary for each apparatus 13 to have a heating element 2 or each heating element 2 of each apparatus 13 to be used. Thus, with such an arrangement, it can be provided that only selected apparatuses 13 have a heating element 2 or the heating elements 2 of only selected apparatuses 13 are activated. Those selected apparatuses 13 are identified in this Figure by a black dot at the centre thereof.
As to claim 5, Mueller discloses wherein the heating system is connected to the head of the automaton by a mechanism or a linkage so that the heating system is retractable. See paragraph 0052, disclosing “In this embodiment however the heating element 2 is connected moveably to the holding device 1, more precisely the heating element 2—the receiving sleeve 19—is connected to the holding device 1 by way of the spring elements 6 and can thus perform a movement in its axial direction. That configuration with the spring element 6 is intended subsequently to ensure that, when a flat thermoplastic material 3 is sucked in position in the suction region 11 by the vacuum suction gripper 10, that flat thermoplastic material 3 is not plastically deformed or damaged by the heating element 2 as the flexible sealing lips of the vacuum suction gripper 10 can generally be easily elastically deformed and it would thus be possible that, if the heating element 2 were not axially moveable, it would penetrate or deform the flat thermoplastic material 3 to be taken up.”
As to claim 7, Mueller discloses wherein the heating system is a lamp, or a hot air blower (“a hot gas nozzle 22”), or a resistor (“heating cartridge 17”).
See paragraph 0048-53, disclosing:
[0048] FIG. 1a shows a first embodiment of an apparatus 13 according to the invention for handling and locally fixing flat thermoplastic materials 3. In this case the apparatus has a handling device 1 which is in the form of a vacuum suction gripper 10, and a heating element 2. In this arrangement the heating element 2 is disposed in a central region of the vacuum suction gripper 10. The heating element 2 itself is in the form of a heating cartridge which can be supplied with power by way of power cables 18. That heating cartridge 17 is mounted within a receiving sleeve 19 connected to the holding device 1 by way of an insulating layer 7. The holding device 1 forms an internal space 20 which can be subjected to vacuum by means of a suction device 12 in order to hold a flat thermoplastic material 3 in a suction region 11 or also a holding region 4.
[0049] FIG. 1b shows an isometric view of the apparatus 13 of FIG. 1a.
[0050] FIG. 2 shows a second variant of an apparatus 13 according to the invention for handling and local fixing of flat thermoplastic materials 3. Here too once again the holding device 1 is in the form of a vacuum suction gripper 10. The vacuum suction gripper 10 can again be caused to produce a vacuum in its internal space 20 by the suction device 12 in order to hold a flat thermoplastic material 3 in the suction region 11 or the holding region 4. In this embodiment however the heating elements 2 is in the form of a hot gas nozzle 22. The hot gas nozzle 22 is in turn arranged in a central region of the holding device 1 and connected by way of an insulating layer 7 to the holding device 1, more precisely to the vacuum suction gripper 10. In such a configuration hot gas can be passed by means of the hot gas nozzle 22, more precisely by way of the feed passage 28, in which case that hot gas heats the heating element 2 disposed in the suction region 11, more precisely centrally in the holding region 4. As already provided in FIG. 1a there is a mounting device 21 in order to mount the apparatus 13 to a handling device 6 or a carrier structure 14.
[0050] FIG. 2 shows a second variant of an apparatus 13 according to the invention for handling and local fixing of flat thermoplastic materials 3. Here too once again the holding device 1 is in the form of a vacuum suction gripper 10. The vacuum suction gripper 10 can again be caused to produce a vacuum in its internal space 20 by the suction device 12 in order to hold a flat thermoplastic material 3 in the suction region 11 or the holding region 4. In this embodiment however the heating elements 2 is in the form of a hot gas nozzle 22. The hot gas nozzle 22 is in turn arranged in a central region of the holding device 1 and connected by way of an insulating layer 7 to the holding device 1, more precisely to the vacuum suction gripper 10. In such a configuration hot gas can be passed by means of the hot gas nozzle 22, more precisely by way of the feed passage 28, in which case that hot gas heats the heating element 2 disposed in the suction region 11, more precisely centrally in the holding region 4. As already provided in FIG. 1a there is a mounting device 21 in order to mount the apparatus 13 to a handling device 6 or a carrier structure 14.
[0051] FIG. 3 shows a third embodiment of an apparatus 13 according to the invention. As already described in relation to the preceding Figures in this embodiment also the holding device 1 is in the form of a vacuum suction gripper 10, wherein a vacuum can be produced in an internal space 20 of the vacuum suction gripper 10 by way of a suction device 12. In this embodiment the heating device 2 is in the form of an induction coil 23 which can heat a heating rod 24 by means of electrical energy supplied to the induction coil 23 by way of the power cables 18. That heating element 2 is in turn connected to the holding device 1 by means of an insulating layer 7. Once again subsequently a flat thermoplastic material 3 arranged in the holding region 4 of the vacuum suction gripper 10 can be locally heated by the heating element 2 in order to locally thermally fix that flat thermoplastic material 3 to a join partner 5.
[0052] FIG. 4 shows a further embodiment of an apparatus 13 according to the invention. Once again (similarly as in FIG. 1a) the apparatus 13 is provided by a vacuum suction gripper 10 which functions as a holding device 1 and in the internal space 20 of which a vacuum can be produced by the suction device 12 in order to hold a flat thermoplastic material 3 in a holding region 4, more precisely in a suction region 11 of the apparatus 13. The heating element 2 is again formed by a heating cartridge 17 arranged in a receiving sleeve 19, wherein the receiving sleeve 19 is connected to the holding device 1 by way of an insulating layer 7. The heating cartridge 17 is again supplied with electrical energy by way of power cables 18. In this embodiment however the heating element 2 is connected moveably to the holding device 1, more precisely the heating element 2—the receiving sleeve 19—is connected to the holding device 1 by way of the spring elements 6 and can thus perform a movement in its axial direction. That configuration with the spring element 6 is intended subsequently to ensure that, when a flat thermoplastic material 3 is sucked in position in the suction region 11 by the vacuum suction gripper 10, that flat thermoplastic material 3 is not plastically deformed or damaged by the heating element 2 as the flexible sealing lips of the vacuum suction gripper 10 can generally be easily elastically deformed and it would thus be possible that, if the heating element 2 were not axially moveable, it would penetrate or deform the flat thermoplastic material 3 to be taken up.
[0053] FIG. 5 shows a fifth embodiment of an apparatus 13 according to the invention, in which the holding device 1 is in the form of a so-called electrostatic gripper 8. That electrostatic gripper 8 has an electrostatic film 25, wherein the film 25 can change an electrical charge at its contact surface 9 by means of an activation device (not shown). That activation device can be connected to the electrostatic film by way of the power cables 18. The electrostatic gripper 8 can hold a flat thermoplastic material 3 which is in contact with the contact surface 9 in the holding regions 4 by virtue of the change in the electrical charge at the contact surface 9. In this embodiment the heating element 2 is again formed by a heating cartridge 17 fixed to the holding device 1 by means of a receiving sleeve 19. The heating cartridge 17 can again be supplied with electrical energy by the power cables 18. In that respect it can be clearly seen from FIG. 5 how the heating element 2 is surrounded by the holding regions 4. The apparatus 13 again has a mounting arrangement 21.
As to claim 8, Mueller discloses a method for positioning a patch over a surface to be draped, the method comprising:
Gripping a patch by the gripper (“vacuum suction gripper 10” and “electrostatic gripper”) of the automaton according to claim 1 (see claim 1 above);
Heating the surface to be draped by means of the heating system (“heating element 2”, which can include “a heating cartridge 17”, “a hot gas nozzle 22”, “an induction coil 23 which can heat a heating rod 24”) of the automaton; and
Laying the patch over the surface to be draped by means of the gripper (“the flat thermoplastic material 3 can be brought into contact with a join partner 5 by means of an apparatus 13.”).
See the discussion in claim 1 above. See also paragraphs 0063-70, disclosing:
[0063] Thus in a first method step as shown in FIG. 11 an apparatus 13 for handling and locally fixing flat thermoplastic materials 3 is brought into contact with a flat thermoplastic material 3 which in this Figure is disposed in a magazine 27.
[0064] Subsequently (shown in FIG. 12) a vacuum is built up by way of the suction device 12 in an internal space 20 in the holding device 1 so that the holding device 1 is connected to the flat thermoplastic material 3, more precisely the flat thermoplastic material 3 is held to the holding device 1 by the reduced pressure in the internal space 20.
[0065] In a next method step (see FIG. 13) the 4 flat thermoplastic material 3 can be lifted out of the magazine 27 by the apparatus 13.
[0066] FIG. 14 shows how then the flat thermoplastic material 3 can be brought into contact with a join partner 5 by means of an apparatus 13.
[0067] In a following method step (FIG. 15) when the flat thermoplastic material 3 was now brought into contact with a join partner 5 by the apparatus 13 then thermal energy can be introduced into the flat thermoplastic material 3 by means of the heating device 2 so that the flat thermoplastic material 3 is fused on to a join partner 5 and thus locally thermally fixed. In order to prevent unwanted slipping of the flat thermoplastic material 3 during that fixing operation the flat thermoplastic material 3 is further held by the apparatus 13 during that fixing operation insofar as—as shown in this embodiment—a reduced pressure is maintained in an internal space 20. In order to release the flat thermoplastic material 3 from the apparatus 13 after the fixing operation pressure equalisation in respect of the internal space 20 with the environment can be effected by way of the suction device 12 so that a holding force is no longer exerted on the flat thermoplastic material 3 by the apparatus 13. It can also be provided that thermal energy is also already introduced into the flat thermoplastic material 3 prior to contact with the join partner 5, for example during a transport operation or also at the stage when the material is being picked up.
[0068] In a last step in the method (shown in FIG. 16) the apparatus 13 is now released from the flat thermoplastic material 3 and the method can begin from the start—for example by repeating the method steps shown in FIGS. 11 to 16.
[0069] It is however now also possible by means of an embodiment of the apparatus 13 according to the invention to apply a flat thermoplastic material 3 to a further flat thermoplastic material 3, fuse it, and then lift both flat thermoplastic materials 3, as shown in FIGS. 17 to 19. In that case in a first method step a flat thermoplastic material 3 is moved by the apparatus 13 to a further flat thermoplastic material 3 disposed in a magazine 27, in which case the flat thermoplastic material 3 in the magazine 27 functions in this specific example as the join partner 5. After the held flat thermoplastic material 3 is placed on to the flat thermoplastic material 3 disposed in the magazine 27 thermal energy can be applied to the held flat thermoplastic material 3 by the heating element 2 and thus it can be locally fixed to the flat thermoplastic material 3 in the magazine 27, as shown in FIG. 18.
[0070] In a last method step the first flat thermoplastic material 3 can be lifted again by the apparatus 13, now being connected to its join partner 5—the second flat thermoplastic material 3—and thus that can also be lifted out of the magazine 27.
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.
Claim(s) 2, 4, 5, 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102011114015 A1 as applied to claims 1-3 and 5 and 8 above, and further in view of Mueller (US 20190337281 A1).
As to claim 2, DE 102011114015 A1 discloses wherein the gripping system is pneumatic. However, DE 102011114015 A1 does not disclose the electrostatic alternative.
Mueller discloses wherein the gripping system is electrostatic as an alternative to vacuum gripper systems.
[0021] In a further embodiment, the at least one holding device can be in the form of an electrostatic gripper, and an electrostatic charge of a contact surface of the electrostatic gripper can be applied or changed by at least one activation device.
[0022] Alternatively, however, the at least one holding device can be in the form of a vacuum suction gripper. Furthermore, the at least one heating element can be arranged in a suction region of the vacuum suction gripper and/or the vacuum suction gripper has a suction device, wherein a reduced pressure can be produced in a suction region of the vacuum suction gripper by the suction device. That suction device can be implemented for example on the basis of the Coanda, venturi or Bernoulli principle.
[0053] FIG. 5 shows a fifth embodiment of an apparatus 13 according to the invention, in which the holding device 1 is in the form of a so-called electrostatic gripper 8. That electrostatic gripper 8 has an electrostatic film 25, wherein the film 25 can change an electrical charge at its contact surface 9 by means of an activation device (not shown). That activation device can be connected to the electrostatic film by way of the power cables 18. The electrostatic gripper 8 can hold a flat thermoplastic material 3 which is in contact with the contact surface 9 in the holding regions 4 by virtue of the change in the electrical charge at the contact surface 9. In this embodiment the heating element 2 is again formed by a heating cartridge 17 fixed to the holding device 1 by means of a receiving sleeve 19. The heating cartridge 17 can again be supplied with electrical energy by the power cables 18. In that respect it can be clearly seen from FIG. 5 how the heating element 2 is surrounded by the holding regions 4. The apparatus 13 again has a mounting arrangement 21.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the gripping system is electrostatic as in Mueller because Mueller discloses that electrostatic grippers are known alternatives to vacuum grippers such as in DE 102011114015 A1.
As to claim 4, DE 102011114015 A1 does not disclose further comprising a first carrier comprising a first head and a second carrier carrying a second head, one amongst the first and second heads comprising the gripper and the other one comprising the heating system.
However, Mueller discloses further comprising a first carrier comprising a first head and a second carrier carrying a second head, one amongst the first and second heads comprising the gripper and the other one comprising the heating system.
See paragraph 0023 and 0058, disclosing:
[0023] Furthermore, an arrangement can include at least two apparatuses according to the invention for handling and locally fixing flat thermoplastic materials, with the at least two apparatuses being connected together by a carrier structure. Such a carrier structure in that respect can have a one-part or multi-part configuration. Preferably, the at least two apparatuses are arranged so that at least one flat thermoplastic material can be held at one side in unilateral contacting relationship along a surface by the at least two holding devices.
…
[0058] FIG. 7 shows an embodiment according to the invention by way of example comprising a plurality of apparatuses 13. In this case the apparatuses 13 are arranged on a carrier structure 14 which in this embodiment is in the form of plate. Accordingly, at least one flat thermoplastic material 3 can be held at one side in contacting relationship along a surface by a plurality of apparatuses 13. It is not further necessary for each apparatus 13 to have a heating element 2 or each heating element 2 of each apparatus 13 to be used. Thus, with such an arrangement, it can be provided that only selected apparatuses 13 have a heating element 2 or the heating elements 2 of only selected apparatuses 13 are activated. Those selected apparatuses 13 are identified in this Figure by a black dot at the centre thereof.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized further comprising a first carrier comprising a first head and a second carrier carrying a second head, one amongst the first and second heads comprising the gripper and the other one comprising the heating system by utilizing the two apparatus approach of Mueller in order so that at least one flat thermoplastic material can be held at one side in unilateral contacting relationship along a surface by the at least two holding devices.
As to claim 5, DE 102011114015 A1 has been interpreted as disclosing wherein the heating system is connected to the head of the automaton by a mechanism or a linkage so that the heating system is retractable.
In any event, Mueller clearly discloses wherein the heating system is connected to the head of the automaton by a mechanism or a linkage so that the heating system is retractable. See especially paragraph 0019, disclosing:
[0019] Furthermore, the at least one heating element can connected to the at least one holding device moveably—preferably by a spring element. Thus, for example, a heating element can be so mounted to the holding device that, during a handling operation, the heating element remains in a retracted state and it is only when local thermal fixing of the flat thermoplastic material is required by the heating element that the heating element is moved to the thermoplastic material. That configuration makes it possible to leave the heating element in a heated state and to alter the thermal energy which is transmitted to the flat thermoplastic material only by a displacement of the heating element. Thus it can preferably be provided that the flat thermoplastic material is heatable continuously or in interval mode by the at least one heating element.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the heating system is connected to the head of the automaton by a mechanism or a linkage so that the heating system is retractable as disclosed by Mueller because this configuration makes it possible to leave the heating element in a heated state and to alter the thermal energy which is transmitted to the flat thermoplastic material only by a displacement of the heating element as taught by Mueller.
As to claim 6, DE 102011114015 A1 and Mueller does not disclose wherein the mechanism is a pivot connection.
However, rearrangement of parts is often obvious. MPEP 2144.04. Changes in size and shape is often obvious. MPEP 2144.04. In this case, substituting a pivot connection or movement for the retracting movement disclosed in Mueller (see the discussion and citations above in claim 5) or linear movement of DE 102011114015 A1 would have been an obvious rearrangement of parts and an obvious change in size and shape.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the mechanism is a pivot connection as an obvious rearrangement of parts and an obvious change in size and shape of the retracting connection of Mueller and linear movement of DE 102011114015 A1.
As to claim 7, DE 102011114015 A1 does not disclose wherein the heating system is a lamp, or a hot air blower, or a resistor.
However, Mueller discloses wherein the heating system is a lamp, or a hot air blower (“a hot gas nozzle 22”), or a resistor (“heating cartridge 17”).
See paragraph 0048-53, disclosing:
[0048] FIG. 1a shows a first embodiment of an apparatus 13 according to the invention for handling and locally fixing flat thermoplastic materials 3. In this case the apparatus has a handling device 1 which is in the form of a vacuum suction gripper 10, and a heating element 2. In this arrangement the heating element 2 is disposed in a central region of the vacuum suction gripper 10. The heating element 2 itself is in the form of a heating cartridge which can be supplied with power by way of power cables 18. That heating cartridge 17 is mounted within a receiving sleeve 19 connected to the holding device 1 by way of an insulating layer 7. The holding device 1 forms an internal space 20 which can be subjected to vacuum by means of a suction device 12 in order to hold a flat thermoplastic material 3 in a suction region 11 or also a holding region 4.
[0049] FIG. 1b shows an isometric view of the apparatus 13 of FIG. 1a.
[0050] FIG. 2 shows a second variant of an apparatus 13 according to the invention for handling and local fixing of flat thermoplastic materials 3. Here too once again the holding device 1 is in the form of a vacuum suction gripper 10. The vacuum suction gripper 10 can again be cau