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 .
Election/Restrictions
Claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/15/2026. Thus claims 1 – 6 and 8 – 16 are currently pending.
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: “a coupling member” in claim 1, “a retaining member” in claim 6 and “an evaluation unit” in claim 13, wherein “member” and “unit” are the generic place holders preceded by functional limitations “coupling”, “retaining” and “evaluation” respectively without sufficient recitation what the terms structurally entail.
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.
Structural support for “a coupling member” can be found in claim 5 and ¶ 0082 – 0085, wherein the “coupling member” is described to be a clamp ring with bushing and screws. Thus, the coupling member is interpreted to be a clamp ring and equivalent thereof.
Structural support for a retaining member can be found in ¶ 0087 and FIG.2 wherein the retaining member is described as elastic protrusions disposed at the clamp ring opening to aid with griping force of the clamp ring. Thus, retaining member is interpreted to be any elastic structure on the inner surface of the clamp ring to aid gripping and equivalent thereof.
Structural support for an evaluation unit can be found in ¶ 0070 - 0072 and FIG.4 wherein the evaluation unit is described as an electrical and electronic circuit board configured to evaluate force and measured values. Thus, the evaluation unit is interpreted to be any electronic circuit board configured to evaluate measured quantities and equivalent 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 Objections
Regarding claim 1, this claim is objected to because of the following informalities: the claim starts by reciting “a sensing device for measuring a welding force and for detecting a welding voltage during a welding process of a resistance welding device… the device comprising…” and “the device” should be “the sensing device” to avoid ambiguity of whether the term is referencing the “resistance welding device” or the “sensing device”. Claims 2 – 6 and 8 – 16 inherit this objection by virtue of their dependency. Appropriate correction is required.
Regarding claim 8, this claim recites “a lower housing part” and “a higher housing part”, in lines 2 – 3 of the claim, and it is unclear whether the terms are referencing to the “housing part” recited in claim 1.
Further, “the vertical axis”, in line 4, should be “a vertical axis”.
“the sensor element”, in line 19, should be “the first sensor element”. Appropriate correction is required.
Regarding claim 9, the “the sensor element”, in lines 2 – 3, should be “the first sensor element”. Appropriate correction is required.
Regarding claim 13, this claim, in line 2, recites “…an evaluation unit for configured for evaluating the force values…” should be “…an evaluation unit configured to evaluate the force values…”. Appropriate correction is required.
Regarding claim 14, “the sensor element”, in lines 3, 5 and 9 – 10, should be “the first sensor element” in reference to “a first sensor element” of claim 1 or “the three sensor elements” in reference to claim 10. Appropriate correction is required.
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.
Claim 13 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.
Regarding claim 13, this claim recites “…wherein the respective three interior spaces of each of the respective three sensor elements and the respective interior space of each of the respective components communicates with the fifth interior space…”, in lines 5 – 7, and it is unclear what the respective components are, as only “a component” is introduced in claim 1. This renders the claim indefinite.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 – 6 and 8 – 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee Dong Hwan et al. (KR 2016/0065331 A, recited in the IDS), hereinafter “Lee”, in view of Heimann et al. (US 2018/0236591 A1, recited in the IDS) and hereinafter “Heimann”.
Regarding claim 1, Lee a sensing device for measuring a welding force and for detecting a welding voltage during a welding process of a resistance welding device that includes a welding gun with a first electrode arm and a second electrode arm disposed opposite the first electrode arm (a hybrid CP (Current/Pressure) measurement module 100 configured to be positioned between a pair of electrodes of an electric resistance welding machine and serves to simultaneously measure the current and pressure applied by the electric resistance welding machine, (0017, 0024, see FIGS. 2 – 5 and 11 – 12)); the device comprising:
a housing part (cover 150, (0063 and see FIG.3));
a first contact socket carried by the housing part and configured to receive the first electrode arm; a second contact socket carried by the housing part and configured to receive the second electrode arm (a “Y" shaped twin head section 110 (first and second contact sockets) is formed in a "Y" shape with a twin structure (111, 112) supported by the cover and configured to be positioned between a pair of electrodes of an electric resistance welder, (0027 – 0030, see FIGS. 3 – 5 and 11));
a first sensor element configured and disposed between the first contact socket and the second contact socket for measuring the welding force applied by the first and second electrode arms of the welding gun during the welding process (a full-bridge type strain gauge section 130 disposed by the side of the front end of the "Y"-shaped twin-head section and configured to sense the pressure (force) of the electric resistance welder transmitted from the "Y"-shaped twin-head section, (0025, 0044 - 0062 and see FIGS.5, 10 - 11));
a component carried by the housing part and configured and disposed for detecting the welding voltage during the welding process (a current sensor part 120 supported by the housing configured to measure current (voltage) of the welding process, (0036 – 0042 and see FIGS. 3 – 4) Note – “a component” is interpreted to mean any voltage sensing device and equivalent thereof); and
Lee does not explicitly teach a coupling member carried by the housing part and configured and disposed to mechanically couple to the resistance welding device when the sensing device is placed at the electrode arms.
However, Heimann that relates to measuring device for automated resistance welding devices (0001), also teaches a similar sensing device 1 (see FIGS. 1- 7) that has affixing member 24 that has a claiming ring 6 is supported by the housing 18 and configured to affix an electrode of a robot resistance welding device inserted into a reception space 22 of a holding piece 19, (0029, 0034, 0051 and see FIGS. 1 – 3B).
Heimann further discusses that due to the fact that the measuring device can be affixed at one of the two electrodes by means of the holding piece, it is not necessary for an operator to hold the measuring device by hand during the actual measuring processes in the course of which the second electrode is applied at the load cell, which is not only easier but also safer for an operator (0013).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify measurement device of Lee to include a coupling or affixing member carried by the housing part and configured and disposed to mechanically couple to the resistance welding device when the sensing device is placed at the electrode arms in order avoid operators intervention to hold the measuring device that provides ease and safety to human operators as taught in Heimann.
Regarding claim 2, Lee in view of Heimann teaches the sensing device according to claim 1, wherein the two electrode arms are symmetrically aligned with and elongate along a vertical axis and consist of a lower electrode arm and an upper electrode arm disposed above the lower electrode arm (the pair of electrode arms of the resistance welding device comprise a lower electrode arm and an upper electrode arm and are symmetrically aligned with and elongate along a vertical axis, see Lee’ s FIG.11);
wherein the two contact sockets consist of a lower contact socket and an upper contact socket (the twin head section 110 consists of a first “Y” shaped electrified pressing portion 111 and a second “Y” shaped electrified pressing portion 112 (lower contact socket and upper contact socket), Lee (0029 – 0023 and see FIG.4));
wherein the lower contact socket has a lower conical recess that is configured to receive and center a foremost tip of the lower electrode arm disposed closest to the upper electrode arm with respect to the vertical axis when the device is disposed at the electrode arms (a concave groove 111a is formed on one side of the head portion to make point contact and surface contact with one side of a pair of electrodes of an electric resistance welding machine, Lee (0030 and see FIG.4)); and
wherein, for mechanical coupling of the sensing device and the resistance welding device, the coupling member is configured and disposed to exert a coupling force onto the resistance welding device (in order to mechanically couple the sensing device 1 with the resistance welding device, a handling element 11 exerts a coupling force onto the electrode tip of the resistance welding device inserted into the claiming ring, Heimann (0035 and see FIG.1)).
Regarding claim 3, Lee in view of Heimann teaches the sensing device according to claim 2, wherein the coupling member comprises a coupling body that is attached to the lower contact socket on the outside thereof (the affixing member 24 has a holding body 19 with a coupling opening extends through the holding body along the vertical axis and communicates with a lower conical recess, (see Heiman’s FIGS.1 – 3)).
wherein the coupling body comprises a coupling opening that extends through the coupling body along the vertical axis and communicates with the lower conical recess (holding body 19 comprises a reception space 22 that extends through the coupling body along the vertical axis and communicates with the lower conical recess at the load cell, (see Heimann’s FIG.2));
wherein the coupling opening is configured and disposed so that the lower electrode arm projects through the coupling opening when the sensing device is placed at the electrode arms (the reception space 22 serves for receiving an electrode of the resistance robot welding tong that projects through the space and can be affixed in this reception space 22 for the purpose of carrying out a measurement, Heimann (0029 and see FIG.1)); and
wherein, for mechanical coupling of the sensing device and the resistance welding device, the coupling member is configured and disposed to exert the coupling force in the coupling opening onto the lower electrode arm (order to mechanically couple the sensing device 1 with the resistance welding device, a handling element 11 exerts a coupling force onto the electrode tip of the resistance welding device inserted into the reception ring 22, Heimann (0035 and see FIG.1)).
Regarding claim 4, Lee in view of Heimann teaches the sensing device according to claim 3, wherein the coupling member comprises a clamping member that surrounds the coupling opening in a radial direction with respect to the vertical axis (the affixing appliance 24 has a clamping ring 6 that is arranged in the reception space 22 abutting an inner circumferential surface 25, Heimann (0034 and see FIG.1));
wherein the clamping member defines a first clamping member end and a second clamping member end, which first and second clamping member ends are spaced apart from each other by a width of a gap (the clamping ring 6 has a gap formed in slit manner that defines the clamping ring first end and a second clamping end, Heimann (0034 – 0035 and see FIG.1)); and
wherein a reduction in the width of the gap exerts the coupling force onto the lower electrode arm (due to the handling element pressing the holding piece 19 the clamping ring 6 is pressed together due to its slit (reduction of gap) to affix an electrode tip that is inserted into the reception space 22, Heimann (0035 and see FIG.1)).
Regarding claim 5, Lee in view of Heimann teaches the sensing device according to claim 4, wherein the coupling member comprises a clamping element that is arranged at the clamping member (the affixing member 24 has a tensioning screw arrangement that is arranged on the clamping ring 6, Heimann (0035 and see FIGS.1 and 3a - 3b));
wherein the clamping element comprises a bushing member and a screw member (the tensioning arrangement has a bolt sleeve 20 with a threaded screw end, Heimann (0035 and see FIGS.3a – 3b));
wherein the bushing member is fastened to the first clamping member end and holds the screw member (the bolt sleeve 20 tightens into the first clamping element end and holds the threaded screw end, Heimann (0035 – 0036 and see FIGS 3a – 3b)); and
wherein the screw member is screwed into the second clamping member end in a manner so that rotation of the screw member changes the width of the gap (the screw end of the bolt sleeve 20 element is screwed into an internal thread 37 of the holding piece 19 and thus can be screwed into the second clamping member to press the clamping ring to be pressed together close the gap of the slit, (0035 and see FIG.3a – 3b)).
Regarding claim 6, Lee in view of Heimann teaches the sensing device according to claim 3, further comprising: a retaining member disposed in the coupling opening and configured so that when the sensing device is placed at the electrode arms with the lower electrode arm protruding through the coupling opening and compressing the retaining member, then the compressed retaining member exerts the coupling force onto the lower electrode arm (a shim 4 abuts this clamping ring 6, in turn acting together with a tensioning screw arrangement that abuts at the shim 4 via a front face of a threaded bolt 20, Heimann (0035, see FIGS. 3a and 3b) Thus, one of ordinary skill in the art would appreciate making the shim to be a retaining member (elastic structure) that abuts to grip the electrode in the reception space).
Regarding claim 8, the sensing device according to claim 1.
Lee further teaches the housing 150 that has a lower portion and an upper portion, see Lee’s FIG.3) and the sensing device 1 of Heimann comprises:
wherein the two contact sockets comprise a lower contact socket and an upper contact socket (the twin Y- shaped socket structures comprise first “Y” shaped socket 111 and a second “Y” shaped socket 112, Lee (0029 – 0023 and see FIG.4));
wherein the lower contact socket is fastened on the outside of the lower housing part; wherein the upper contact socket is fastened on the outside of the upper housing part (the lower and upper contact sockets (111, 112) have protruding portions fastened on the outside edge of the upper and lower portions of the housing 150, see Lee FIG.3));
Lee does not explicitly teach the lower housing and upper housing parts are disposed spaced apart from each other, an insulator disposed between the lower housing part and the upper housing part; wherein the lower housing part and the upper housing part are mechanically connected to each other by the insulator; wherein the lower housing part and the upper housing part, when connected, enclose at least one interior space and wherein the sensor element and the component are arranged in said interior space.
However, Heimann teaches a lower housing part (a lower part load cell 17, see Heimann’s FIG.2); an upper housing part disposed spaced from the lower housing part along the vertical axis (an upper part holder 19, see Heimann’ s FIGS. 1 – 3b) and an insulator disposed between the lower housing part and the upper housing part (an insulating washer 21 between the holder 19 and load cell 17, see Heimann’ s FIGS. 3a and 3b)); wherein the insulator electrically insulates the lower housing part from the upper housing part (insulating washer 21 electrically insulates the upper part holder from the load cell 17, Heimann (0030 and see FIGS. 3a – 3b));wherein the lower housing part and the upper housing part are mechanically connected to each other by the insulator (the upper part holder 19 and load cell 17 are mechanically connected by the insulating washer 21, see Heimann’ s FIGS. 3a – 3b); wherein the lower housing part and the upper housing part, when connected, enclose at least one interior space (the cell space 29 is defined by the connection of upper part holder 19 and load cell 17, see Heimann’ s FIGS. 3a – 3b); and wherein the sensor element and the component are arranged in said interior space (the load cell 17 is used to measure pressure (force between the robot resistance welding electrodes as the electrode in the reception space 22 moves towards the load cell through the cell space 29, Heimann (0051 and FIG.3a – 3b)).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify measurement device of Lee to include Lee does not explicitly teach the lower housing and upper housing parts are disposed spaced apart from each other, an insulator disposed between the lower housing part and the upper housing part; wherein the lower housing part and the upper housing part are mechanically connected to each other by the insulator; wherein the lower housing part and the upper housing part, when connected, enclose at least one interior space and wherein the sensor element and the component are arranged in said interior space as such modification amount to a mere design choices within ordinary skilled in the art that are not patentably distinguishing. POSITA apprised of Heimann’ s measuring device design would easily and routinely be able to adopt the same in Lee’s measuring device with a reasonable expectation of success to in order to arrive to a measuring device that self-couples to the electrode of a resistance welding machine without the interference of the operator.
Regarding claim 9, Lee in view of Heimann teaches the sensing device according to claim 8, wherein the welding force of the resistance welding device is aligned along a main force path, and wherein the sensor element is arranged in the interior space in the main force path of the welding force (the second electrode is moved towards the load cell 17 along a vertical axis (see FIG.3A) so as to absorb the force input of the two electrodes along the axis in the cell space 29, Heimann (0051)).
Allowable Subject Matter
Claim 10 – 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, None of the prior arts of record, alone or in combination, failed to reasonably suggest or teach a sensing device, wherein each first sensor element, second sensor element and third sensor element include identical single-component force transducer, which is configured to measure the same welding force acting along the vertical axis that is disposed normal to a longitudinal axis and each of the three sensor elements generate a force value for the welding force measured as recited in the claim. Claims 11 – 15 would be allowable by virtue of their dependency.
Regarding claim 16, None of the prior arts of record, alone or in combination, failed to reasonably suggest or teach “a sensing device wherein the component is an optocoupler configured to detect an electrical welding voltage that includes a lower electrode and an upper electrode; the lower electrode is fastened to the inside of the lower housing part and the upper electrode is fastened to the inside of the upper housing part, wherein the optocoupler is configured to act between the lower electrode and the upper electrode and to convert an electrical welding voltage into a measured value” as recited in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cavalloni et al. (US 2019/0331543 A1), title “Measurement Transducer for Measuring a Force”, discusses a measurement transducer for measuring a force includes a resonator element, which can be excited to at least one resonance frequency, and at least one force application element on which the force is applied and which transmits the force to the resonator element. The force application element is a hollow body defining a top surface, a lateral surface and a cavity, see abstracts.
Willner et al. (US 2011/0290029 A1), title “Pressure Sensor”, describes a top view (cross section view) of three spring pressure sensors of a contact housing sub-assembly 108 which houses the springs 118. The springs terminate in spring tip contact points 162, see FIG.2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DILNESSA B BELAY/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761
Prosecution Insights