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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/29/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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: “one fabricating system” and “a force system” in claim 1.
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.
Claim 1-19 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 1 and 11 recite to the limitation of a fabricating system. Upon review of the specification of the term fabricating system. Applicant has failed to establish any specific structure associated with the term, instead leaving the structural definition of a fabricating system open ended. See, Applicant’s Paragraph [0036]. As such, Examiner cannot ascertain the metes and bounds of the claim and it is for this reason that the claim is indefinite. As it remains unknown as to what fabricating system is being used.
Claim Rejections - 35 USC § 102
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) 1-20 and, is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Modur Consult GmBH, German Patent Publication DE 10009475 A1 (hereinafter “Modur”).
In Reference to Claim 1:
In so far as the claim is defined, Modur discloses a system for securing a product at a joint, the system comprising: at least one fabricating system (inherent in that the lattice connector has to be fabricated by a system) to create a connector (3) with a lattice structure (See, Figure 2 and 3); a force system (welding the thermoplastic via heating guide strips connected to the lattice molding materials) configured to apply a force to the connector and the product, so that a material of the product flows into the lattice structure interweaving the material with the lattice structure to secure the joint by the lattice structure. “The plastic layers 2 ; 2 'penetrate each other and are within half of the webs 40 ; 40 'embedded so that the delimitation of the layer area of the mixing zone predominantly within the webs 40 ; 40 'runs.”
In Reference to Claim 2:
In so far as the claim is defined, Modur further discloses wherein the lattice structure comprises a series of cells, wherein each cell is formed by a number of structural members that connect and that define open spaces between the structural members. See, Figure 2 -4.
In Reference to Claim 3:
In so far as the claim is defined, Modur further discloses wherein the product comprises a first part (1) and a second part, wherein the first part mates with the second part (20) at the joint. See, Figure 1 and 5; See also, Figure 6 ( which shows after heating that the two components 1 and 20 are joined).
In Reference to 4:
In so far as the claim is defined, Modur further discloses wherein the lattice structure (3) comprises a number of interconnecting structural members and the material comprises a number of elements extending through open spaces defined by the number of interconnecting structural members. See. Figure 3.
In Reference to Claim 5:
In so far as the claim is defined, Modur further discloses wherein the lattice structure (3) comprises a number of structural members that connect and that define open spaces (41) between the structural members, wherein the material completely fills the open spaces. See, Specification which discloses the plastic layers 2 during the welding process penetrating the webs and stiches 40 and 41 respectively to mix. “Preliminary press fit changes into a seat in which the webs 40 ; 40 'mesh with each other and the stitches 41 ; 41 'lying on top of one another. The solidified melt of the plastic welds the press fit between pipe connector 1 and pipe section 20 . The plastic layers 2 ; 2 'penetrate each other and are within half of the webs 40 ; 40 'embedded so that the delimitation of the layer area of the mixing zone predominantly within the webs 40 ; 40 'runs.”
In Reference to Claim 6:
In so far as the claim is defined, Modur further discloses a series of plates joined together at lines forming diamonds. See, Figure 3 which shows a lattice formed connector made out of a plates (wherein plate is defined per the Merriam Webster Dictionary as “a thin, flat sheet or piece of metal or other material, especially of uniform thickness".
In Reference to Claim 7:
In so far as the claim is defined, Modur further discloses wherein the lattice structure comprises a hot staple. Examiner notes per the specification of applicant definition of hot staple. Modur heats the lattice mold material 3 via eddy currents to weld the thermoplastic components together, thus meeting what is described as hot staple in the specification by Applicant.
In Reference to Claim 8:
In so far as the claim is defined, Modur further discloses a heating system (welding current supplied to guide strips 8 configured to transfer the heat to lattice mold material 3) configured to heat the connector. See Example 4: “ The welding takes place by means of eddy current, which is generated within the grit molding material 3 by means of a circumferentially applied tool (not shown). After pressing and welding, a pipe connection is formed”.
In Reference to Claim 9:
In so far as the claim is defined, Modur further discloses wherein the joint comprises a geometry along the joint and the lattice structure matches the geometry. See, Figure 1 and Figure 5 which both depict this concept.
In Reference to Claim 10:
In so far as the claim is defined, Modur discloses wherein the lattice structure defines open spaces and wherein the lattice structure is configured to maximize permeation of the material into the open spaces. See, Figure 3 which shows that the lattice structure contains open spaces which when heated allow for material to permeate into them per the specification. Examiner notes that the limitation configured to maximize permeation is not positively recited and further more is extremely broad.
In Reference to Claim 11:
In so far as the claim is defined, Modur discloses a method for securing a product, the method comprising: creating, by at least one fabricating system (inherent in that the connector must be fabricated; extremely broad in that all things are fabricated by some sort of system) , a connector (3) with a lattice structure (See, Figure 2 and 3) ; and applying, by a force system, a force (welding via eddy currents) to the connector (3) and the product (1), so that a material of the product flows into the lattice structure interweaving the material with the lattice structure to secure the joint by the lattice structure. See, Figure 6 which shows components 1 and 20 combined via the welding of the materials between the connector (3).
In Reference to Claim 12:
In so far as the claim is defined, Modur further discloses forming the lattice structure (3) as a series of cells, wherein each cell has a number of structural members that connect and that define open spaces between the structural members. See, Figure 2 or 3.
In Reference to Claim 13:
In so far as the claim is defined, Modur further discloses producing the product from a first part (1) and a second part (20); and mating the first part with the second part at the joint. See, Figure 1, 5 and 6.
In Reference to Claim 14:
In so far as the claim is defined, Modur further discloses forming the lattice structure as a number of interconnecting structural members (See, Figure 3); and forcing the material into the lattice structure as a number of elements extending through open spaces defined by the number of interconnecting structural members. See, Figure 6 which shows parts 1 and 20 are fused by welding of the connector between the two components such that the spaced are filled with material.
In Reference to Claim 15:
In so far as the claim is defined, Modur further discloses : forming the lattice structure as a number of structural members that connect and that define open spaces between the structural members; and filling the open spaces completely with the material. See, Specification which discloses the plastic layers 2 during the welding process penetrating the webs and stiches 40 and 41 respectively to mix.“Preliminary press fit changes into a seat in which the webs 40 ; 40 'mesh with each other and the stitches 41 ; 41 'lying on top of one another. The solidified melt of the plastic welds the press fit between pipe connector 1 and pipe section 20 . The plastic layers 2 ; 2 'penetrate each other and are within half of the webs 40 ; 40 'embedded so that the delimitation of the layer area of the mixing zone predominantly within the webs 40 ; 40 'runs.”
In Reference to Claim 16:
In so far as the claim is defined, Modur further discloses comprising forming the lattice structure as a series of plates joined together at lines in a diamond pattern. See, Figure 2 and 3.
In Reference to Claim 17:
In so far as the claim is defined, Modur further discloses wherein the lattice structure comprises a hot staple. Examiner notes per the specification of applicant definition of hot staple. Modur heats the lattice mold material 3 via eddy currents to weld the thermoplastic components together, thus meeting what is described as hot staple in the specification by Applicant.
In Reference to Claim 18:
In so far as the claim is defined, Modur further discloses heating, by a heating system (welding current supplied to guide strips 8 configured to transfer the heat to lattice mold material 3), the connector. See Example 4: “ The welding takes place by means of eddy current, which is generated within the grit molding material 3 by means of a circumferentially applied tool (not shown). After pressing and welding, a pipe connection is formed”.
In Reference to Claim 19:
In so far as the claim is defined, Modur further forming the lattice structure to match a geometry of the joint. See, Figure 5
In Reference to Claim 20:
Modur discloses a product, comprising: at least one part (1 and 20) defining a joint; and a connector (30) with a lattice structure disposed in the joint, with a material of the at least one part interweaved with the lattice structure so that the joint is secured by the lattice structure. See, Figure 6: The welding takes place by means of eddy current, which is generated within the grit molding material 3 by means of a circumferentially applied tool (not shown). After pressing and welding, a pipe connection is formed”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zumbrum et al., U.S. Patent Publication 20210024255 (hereinafter “Zumbrum”) discloses a process of filling a joint with a lattice structure and filling the material between the lattice or improve the rigidity of the overall structure. Zumbrum discloses language to meet at least the independent claims as currently constructed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-4648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S COLLINS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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