DETAILED ACTION
This is a first Office action on the merits responsive to applicant’s original disclosure filed on 5/29/2023. Currently, claims 1-20 are pending and are under consideration.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The IDS filed on 5/29/2023 is being considered.
Drawings
The drawings are objected to because of the following informalities:
Figs. 1-9, the poor line quality renders part or all of the drawing illegible when reproduced. 37 CFR 1.84(l) (m) and (p)(1). 37 CFR 1.84(l) recites, “[a]ll drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.” Applicant is requested to submit replacement sheets with drawings that have darker black lines.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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: first detection unit in claim 1, glue scraping assembly in claim 1, scrapers and drive members in claims 3 and 16, drive assembly in claims 5 and 18, glue spreading assembly in claim 9, second detection unit in claim 10, first controller in claim 11, a tile laying assembly in claim 12, and a first detection unit in claim 12.
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 § 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 12 and 14-20 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 12, “a first detection unit” is indefinite because the claim depends from claim 1, which previously requires a first detection unit. Thus, the limitation appears to be a double inclusion. Does applicant intend for the first detection unit of claim 12 to be the same or different than the first detection unit of claim 1? For examination purposes, the limitation was treated as being the same first detection unit. Applicant is requested to clarify.
Claim 14, “redundant glue” is indefinite because the limitation lacks antecedent basis. Note that the claims do not previously define redundant glue and it is unclear whether the limitation is a part of the previously recited glue spreading thickness or a different/additional glue. Applicant is requested to clarify.
The remainder of the claims are dependent upon directly or indirectly a rejected base claim.
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.
Claim(s) 1-7 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 111877711A (as cited by applicant) (‘CN ‘711’) in view of CN 107299749A (as cited by applicant) (‘CN ‘749’) and further in view of CN 108393233A (as cited by applicant) (‘CN ‘233’).
Claim 1, CN ‘711 teaches a glue scraping mechanism, used for controlling a thickness of spread glue (note that the claim is drawn to solely the glue scraping mechanism, and such use of the glue scraping mechanism for controlling a thickness of spread glue is not positively recited and thus, is not required by the claim), wherein the glue scraping mechanism comprises a first detection unit (19 and/or 22; Fig. 1). CN ‘711 further teaches adjusting an amount of adhesive (“cement”) applied to a wall surface based on a smoothness of the wall surface (specification; “according to wall surface smoothness according to claim 1-4”; “the invention automatically measures the flatness on the wall surface”; note that the smoothness of the wall is defined by protrusions and recesses defining a surface roughness, under the basic properties of surface metrology, as exceedingly broadly claimed). CN ‘711 further teaches the first detection unit being configured to acquire protrusion and recess information of a wall (specification; “after the device is placed in the appointed position, the invention automatically measures the flatness of the wall surface; changing the thickness of the cement on the ceramic tile by mechanical linkage mode, accurately passing through the flatness of the wall surface; changing the thickness of the cement on a certain part of the ceramic tile”).
CN ‘711 does not teach the first detection unit being electrically connected to a glue scraping assembly, and the glue scraping assembly configured to be able to adjust a glue scraping thickness according to the protrusion and recess information.
However, CN ‘749 teaches an adaptive wall coating system, comprising a detection unit (specification; “measuring unit for measuring the surface shape of the wall, and generating corresponding detection information”…”control unit calculates the flatness of the wall surface to the shape, and generating control command according to the calculating result”). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the glue scraping mechanism by using a first detection unit that is electrically connected to the glue scraping assembly to acquire the protrusion and recess information of a wall and adjust an amount of glue to be applied, with the reasonable expectation of success of using a known means of an electrically connected detection unit to acquire protrusion and recess information of a wall, and adjust a glue scraping thickness based on the information.
Further, CN ‘233 teaches a scraper base material surface coating device (abstract; Figs. 1-2) comprising a controller comprising a first detection unit (specification; “detection unit”), a coating head 4 and a scraping assembly 5 used to generate a uniform coating thickness (specification). When a thickness sensor 6 detects the thickness being less than a predetermined value, the scraper assembly 5 moves upwards, and when the thickness sensor 6 detects the thickness being greater than the predetermined value, the scraper assembly 5 moves downwards (specification). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a glue scraping assembly to be electrically connected to the first detection unit, such that the protrusion and recess information of a wall can be acquired, and the glue scraping assembly being configured to be able to adjust a glue scraping thickness according to the protrusion and recess information, with the reasonable expectation of success of using a known means for scraping excess glue to obtain a desired thickness.
Claim 2, as modified above, the combination of CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 1, and further teaches wherein a distance between the glue scraping assembly and a wall tile is adjustable so as to adjust the glue scraping thickness (CN ‘233 distance between 5 and 3 is adjustable so as to adjust the glue scraping thickness; Fig. 1).
Claim 3, as modified above, the combination of CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 1, and further teaches wherein the glue scraping assembly comprises a plurality of drive members (CN ‘233 7, 8, 9, 10), and a plurality of scrapers disposed side by side (CN ‘233 four arc-shaped grooves; Figs. 1-2), the plurality of drive members are in one-to-one correspondence to the plurality of scrapers (CN ‘233 under the broadest reasonable interpretation, the number of drive member elements matches the number of scraper elements, as exceedingly broadly claimed), the plurality of drive members are electrically connected to the first detection unit (CN ‘233 specification; “each mobile element/component, adjusting component and the detecting element/sensor are electrically connected with the controller, the downstream side of the thickness sensor 6 provided to a side wall scraper 5”), and the plurality of drive members are used for driving the plurality of scrapers to get close to or away from a wall tile (CN ‘233 specification; upwards and downwards). In the event that applicant intends for the claim to require each of the plurality of drive members to be identical, and each of the plurality of scrapers to be identical, the examiner takes the position that it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating additional drive members and scrapers, such that the glue scraping assembly comprises a plurality of drive members, and a plurality of scrapers disposed side by side, the plurality of drive members are in one-to-one correspondence to the plurality of scrapers, the plurality of drive members are electrically connected to the first detection unit, and the plurality of drive members are used for driving the plurality of scrapers to get close to or away from a wall tile, with the reasonable expectation of success of providing greater coverage of adhesive, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. In re Regis Paper Co. v. Bemis. See also In re Harza, 274 F2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Claim 4, CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 3. CN ‘711 does not teach a glue blocking plate located on one side of the plurality of scrapers, and the glue blocking plate fits against the plurality of scrapers. However, CN ‘749 teaches a glue blocking plate (CN ‘749 specification and claim 5; “blocking part”) that fits against other elements of the mechanism to allow the adhesive to flow therethrough and to stop the flow of adhesive when a gate of the blocking part is closed (CN ‘’749 claims 5-6). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a glue blocking plate, wherein the glue blocking plate is located on one side of the plurality of scrapers, and the glue blocking plate fits against the plurality of scrapers, with the reasonable expectation of success of using a known device to stop the flow of adhesive to prevent undesired adhesive material accumulation.
Claim 5, as modified above, the combination of CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 1, and further teaches a drive assembly (CN ‘233 9, 10) and a first bracket (CN ‘233 7), wherein the glue scraping assembly is slidably connected to the first bracket (it is understood that CN ‘233 element 7 is an adjusting element and the the glue scraping assembly is assembled through the adjusting element and thus is nonetheless slidably connected therethrough; specification; Fig. 1), and the drive assembly is used for driving the glue scraping assembly to reciprocate (it is understood that the drive assembly is suitable for use to drive the glue scraping assembly to reciprocate in linear directions; specification; Fig. 1).
Claims 6-7, CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 5 as above. CN ‘711 does not teach a side glue scraping plate, wherein the side glue scraping plate is disposed on one of two sides of the glue scraping assembly and is used for scraping glue on the first bracket, and a chamfering plate, wherein the chamfering plate is connected to one side of the side glue scraping plate facing away from the first bracket. However, it is known in the art to form such scraping plates having a shape comprising one or more sides, such sides comprising a chamfering plate to avoid adhesive spreading beyond a desired area. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming the glue scraping assembly having a shape comprising a side glue scraping plate, wherein the side glue scraping plate is disposed on one of two sides of the glue scraping assembly and is used for scraping glue on the first bracket, and comprising a chamfering plate, wherein the chamfering plate is connected to one side of the side glue scraping plate facing away from the first bracket, with the reasonable expectation of using a known configuration of a scraping assembly to prevent adhesive from flowing in undesired locations, since it has been held that a change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Claim 13, CN ‘711 teaches a wall tile paving method, comprising:
detecting via a first detection unit (detecting box 19 and/or measuring ball 22) protrusion and recess information on a surface of a wall (specification), and a glue application (cement). The thickness of the glue applied corresponds to the concave and convex shape of the wall (specification).
CN ‘711 does not teach extracting a point cloud of wall information and converting the protrusion and recess information of the wall into glue thickness information.
However, CN ‘749 teaches measuring a surface of a wall and generating information (equivalent to a point cloud of wall information) about protrusions and recesses on the wall surface (specification), and determining the flatness and shape of the wall surface based on the measurement information. CN ‘749 further teaches controlling a coating actuator, driving a feeding unit to cut off or pass through a flow surface (specification) and applying a coating that corresponds to the point cloud of wall information such that a consistent coating thickness is applied over protrusions and recesses on the wall surface (specification). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the wall tile paving method by using extracted point cloud of wall information based on protrusion and recess information of a wall to convert the protrusion and recess information of the wall into glue thickness information, with the reasonable expectation of success of using a known means of acquiring such information corresponding to protrusion and recess information of a wall, and applying a coating based on the information.
Further, CN ‘233 teaches a scraper base material surface coating method, comprising controlling a first detection unit (specification; “detection unit”), a coating head 4 and a scraping assembly 5 to generate a uniform coating thickness (specification) by spreading and scraping glue according to glue thickness information (specification). When a thickness sensor 6 detects the thickness being less than a predetermined value, the scraper assembly 5 moves upwards, and when the thickness sensor 6 detects the thickness being greater than the predetermined value, the scraper assembly 5 moves downwards (specification). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try utilizing glue thickness information to spread and scrape the glue, with the reasonable expectation of success of using a known means for scraping and spreading glue based on wall surface information to obtain a desired thickness.
Claim 14, as modified above, the combination of CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 13, and further teaches monitoring a glue spreading thickness on a wall tile in real time when the glue is spread and scraped according to the glue thickness information (CN ‘233 the scraper moves up or down in response to concave or convex portions on the wall surface); in response to the glue spreading thickness being unable to satisfy glue thickness determined according to the protrusion and recess information, increasing the glue spreading thickness through a glue supplement (CN ‘233 when the thickness sensor 6 detects that the coating thickness is too high, the scraping assembly 5 moves down); and in response to the glue spreading thickness being able to satisfy the glue thickness determined according to the protrusion and recess information, scraping redundant glue (CN ‘233 when the thickness sensor 6 detects that the coating thickness is too low, the scraping assembly 5 moves up).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
CN 111877711A (as cited by applicant) (‘CN ‘711’) in view of CN 107299749A (as cited by applicant) (‘CN ‘749’) and CN 108393233A (as cited by applicant) (‘CN ‘233’) and further in view of CN 105672634 A (‘CN ‘634’).
Claim 8, CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 5 as above. CN ‘711 does not teach a wall tile clamp, wherein the wall tile clamp is located below the first bracket and is used for clamping and securing a wall tile. However, it is known in the art to use a wall tile clamp to hold tiles in position for covering with an adhesive for installing on a wall. CN ‘634 teaches a tile pasting auxiliary device comprising a wall tile clamp 11, wherein the wall tile clamp is located below a first bracket (7 or 10; note that the wall tile clamp nonetheless extends below 7 or 10; Fig. 1) and is used for clamping and securing a wall tile (it is understood that the wall tile clamp is suitable for clamping and securing a wall tile; specification; abstract; Fig. 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a wall tile clamp located below the first bracket for use in clamping and securing a wall tile, with the reasonable expectation of success of using a known device to assist in installing a wall tile on a wall.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
CN 111877711A (as cited by applicant) (‘CN ‘711’) in view of CN 107299749A (as cited by applicant) (‘CN ‘749’) and CN 108393233A (as cited by applicant) (‘CN ‘233’) and further in view of Hsu (US 20140202384).
Claims 9-10, CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 1 as above. CN ‘711 does not teach [claim 9] a glue spreading assembly, wherein the glue spreading assembly is electrically connected to the first detection unit, the glue spreading assembly is used for spreading glue on a wall tile, and the glue spreading assembly is configured to be able to perform a glue supplement on the wall tile according to the protrusion and recess information in a glue scraping process, and [claim 10] a second detection unit, wherein the second detection unit is electrically connected to the glue spreading assembly, the second detection unit is configured to detect a glue spreading thickness of the wall tile, and the glue spreading assembly is configured to be able to perform the glue supplement on the wall tile according to the protrusion and recess information and the glue spreading thickness in the glue scraping process. However, Hsu teaches a glue spreading assembly 100, wherein the glue spreading assembly is used for spreading glue on a wall tile (spreading glue 202 on layer 201), and a second detection unit 21, wherein the second detection unit is electrically connected to the glue spreading assembly (claims 1 and 5), the second detection unit is configured to detect a glue spreading thickness of the wall tile (claims 1 and 5), and the glue spreading assembly is configured to be able to perform a glue supplement on the wall tile according to the glue spreading thickness in the glue scraping process ([0016]-[0017]; claims 1 and 5). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a glue spreading assembly, wherein the glue spreading assembly is electrically connected to the first detection unit, the glue spreading assembly is used for spreading glue on a wall tile, and the glue spreading assembly is configured to be able to perform a glue supplement on the wall tile according to the protrusion and recess information in a glue scraping process, and a second detection unit, wherein the second detection unit is electrically connected to the glue spreading assembly, the second detection unit is configured to detect a glue spreading thickness of the wall tile, and the glue spreading assembly is configured to be able to perform the glue supplement on the wall tile according to the protrusion and recess information and the glue spreading thickness in the glue scraping process, with the reasonable expectation of success of using a known device to obtain a consistent thickness of glue coating the wall tile based on information collected from the wall and the adhesive applied to the wall.
Claim(s) 12 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 111877711A (as cited by applicant) (‘CN ‘711’) in view of CN 107299749A (as cited by applicant) (‘CN ‘749’) and CN 108393233A (as cited by applicant) (‘CN ‘233’) and further in view of Drew (US 9074381).
Claim 12, CN ‘711, CN ‘749 and CN ‘233 teaches all the limitations of claim 1 as above. CN ‘711 teaches a wall tile paving device, comprising a first detection unit (detecting box 19 and/or measuring ball 22), and a glue application (cement), which is configured to be applied based on a concave and convex shape of a wall (specification). As noted in the rejection of claim 1 as above, CN ‘749 teaches an adaptive wall coating system comprising a measurement unit that measures a surface shape of a wall, generates information of the measurements, sends the information to a controller and actuator, and based on the information, applies glue (CN ‘749 specification). Further noted in the rejection of claim 1 as above, CN ‘233 teaches a scraper base material surface coating device comprising a thickness sensor 6 that detects a thickness of an applied glue and further includes a scraper 5. CN ‘711 does not teach a mechanical arm, a chassis, a tile laying assembly. However, Drew teaches a tile laying machine comprising a chassis 12, a mechanical arm 50 and a tile laying assembly 68. The mechanical arm can be programmed to communicate with other machines using electrical signals (col. 7, lines 54-56). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating into the wall tile paving device a mechanical arm, a chassis, a tile laying assembly; wherein the glue scraping mechanism, the tile laying assembly, and the mechanical arm are disposed on the chassis; and a first detection unit is connected to the mechanical arm, with the reasonable expectation of success of using a known device to reduce the amount of manual labor required by an installer to install a tile on a wall.
Claim 15, as modified above, the combination of CN ‘711, CN ‘749, CN ‘233 and Drew teaches all the limitations of claims 1 and 12, and further teaches wherein a distance between the glue scraping assembly and a wall tile is adjustable so as to adjust the glue scraping thickness (CN ‘233 distance between 5 and 3 is adjustable so as to adjust the glue scraping thickness; Fig. 1).
Claim 16, as modified above, the combination of CN ‘711, CN ‘749, CN ‘233 and Drew teaches all the limitations of claims 1 and 12, and further teaches wherein the glue scraping assembly comprises a plurality of drive members (CN ‘233 7, 8, 9, 10), and a plurality of scrapers disposed side by side (CN ‘233 four arc-shaped grooves; Figs. 1-2), the plurality of drive members are in one-to-one correspondence to the plurality of scrapers (CN ‘233 under the broadest reasonable interpretation, the number of drive member elements matches the number of scraper elements, as exceedingly broadly claimed), the plurality of drive members are electrically connected to the first detection unit (CN ‘233 specification; “each mobile element/component, adjusting component and the detecting element/sensor are electrically connected with the controller, the downstream side of the thickness sensor 6 provided to a side wall scraper 5”), and the plurality of drive members are used for driving the plurality of scrapers to get close to or away from a wall tile (CN ‘233 specification; upwards and downwards). In the event that applicant intends for the claim to require each of the plurality of drive members to be identical, and each of the plurality of scrapers to be identical, the examiner takes the position that it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating additional drive members and scrapers, such that the glue scraping assembly comprises a plurality of drive members, and a plurality of scrapers disposed side by side, the plurality of drive members are in one-to-one correspondence to the plurality of scrapers, the plurality of drive members are electrically connected to the first detection unit, and the plurality of drive members are used for driving the plurality of scrapers to get close to or away from a wall tile, with the reasonable expectation of success of providing greater coverage of adhesive, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. In re Regis Paper Co. v. Bemis. See also In re Harza, 274 F2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Claim 17, CN ‘711, CN ‘749, CN ‘233 and Drew teaches all the limitations of claims 1 and 16. CN ‘711 does not teach a glue blocking plate located on one side of the plurality of scrapers, and the glue blocking plate fits against the plurality of scrapers. However, CN ‘749 teaches a glue blocking plate (CN ‘749 specification and claim 5; “blocking part”) that fits against other elements of the mechanism to allow the adhesive to flow therethrough and to stop the flow of adhesive when a gate of the blocking part is closed (CN ‘’749 claims 5-6). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a glue blocking plate, wherein the glue blocking plate is located on one side of the plurality of scrapers, and the glue blocking plate fits against the plurality of scrapers, with the reasonable expectation of success of using a known device to stop the flow of adhesive to prevent undesired adhesive material accumulation.
Claim 18, as modified above, the combination of CN ‘711, CN ‘749, CN ‘233 and Drew teaches all the limitations of claims 1 and 12, and further teaches a drive assembly (CN ‘233 9, 10) and a first bracket (CN ‘233 7), wherein the glue scraping assembly is slidably connected to the first bracket (it is understood that CN ‘233 element 7 is an adjusting element and the the glue scraping assembly is assembled through the adjusting element and thus is nonetheless slidably connected therethrough; specification; Fig. 1), and the drive assembly is used for driving the glue scraping assembly to reciprocate (it is understood that the drive assembly is suitable for use to drive the glue scraping assembly to reciprocate in linear directions; specification; Fig. 1).
Claims 19-20, CN ‘711, CN ‘749, CN ‘233 and Drew teaches all the limitations of claims 1 and 18 as above. CN ‘711 does not teach a side glue scraping plate, wherein the side glue scraping plate is disposed on one of two sides of the glue scraping assembly and is used for scraping glue on the first bracket, and a chamfering plate, wherein the chamfering plate is connected to one side of the side glue scraping plate facing away from the first bracket. However, it is known in the art to form such scraping plates having a shape comprising one or more sides, such sides comprising a chamfering plate to avoid adhesive spreading beyond a desired area. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming the glue scraping assembly having a shape comprising a side glue scraping plate, wherein the side glue scraping plate is disposed on one of two sides of the glue scraping assembly and is used for scraping glue on the first bracket, and comprising a chamfering plate, wherein the chamfering plate is connected to one side of the side glue scraping plate facing away from the first bracket, with the reasonable expectation of using a known configuration of a scraping assembly to prevent adhesive from flowing in undesired locations, since it has been held that a change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Allowable Subject Matter
Claim 11 is 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 prior art of record, including CN 111877711A (as cited by applicant) (‘CN ‘711’) in view of CN 107299749A (as cited by applicant) (‘CN ‘749’) and CN 108393233A (as cited by applicant) (‘CN ‘233’), CN 105672634 A (‘CN ‘634’), Hsu (US 20140202384) and Drew (US 9074381) does not teach or disclose, alone or in combination all the elements and features of the claimed invention, including all the limitations of the combination of claims 1, 9, 10 and 11, including inter alia wherein the first detection unit comprises a first controller; the first controller is electrically connected to the second detection unit; the first controller is electrically connected to the glue scraping assembly; the first controller is electrically connected to the glue spreading assembly; the second detection unit transmits an acquired glue spreading thickness to the first controller; the first controller is configured to, in response to the glue spreading thickness being unable to satisfy the glue scraping thickness determined according to the protrusion and recess information, control the glue spreading assembly to spread glue so as to increase glue thickness; and the first controller is configured to, in response to the glue spreading thickness being able to satisfy the glue scraping thickness determined according to the protrusion and recess information, control the glue scraping assembly to scrape glue according to the glue scraping thickness determined according to the protrusion and recess information, as recited in claim 11. It would have been beyond the level of ordinary skill to combine or modify any of the cited prior art references of record to arrive at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635