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 Applicant’s Arguments/Remarks
Applicant’s Remarks, see page 6, line 2, filed 6/11/2026, with respect to amendments to claims 5 and 14 have been fully considered and are persuasive. The 35 U.S.C. 112(f) interpretation of claims 5 and 14 has been withdrawn.
Applicant’s Remarks, see page 6, Prior Art Rejections, filed 6/11/2026, with respect to the rejections of claims 1-4, 8-12 and 14 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Harrabi and Song Hyo . Rejections of claims 5-7 and 13 under 35 U.S.C. 103 remain and have been updated in light of new reference as applied to claim 1.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-4 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Harrabi WO 2022200620 A1 in view of Song Hyo KR 20070002639 A. WO 2022200620 A1 is a published patent application hereinafter to be referred to as the Harrabi patent; and KR 20070002639 A is a published patent application hereinafter to be referred to as the Song Hyo patent. Citations below are directed to the translation of CN 117136036, which was previously attached.
Regarding claim 1, Harrabi discloses an elongated material supply device, comprising: a conveyor (Harrabi – Wire Guide Unit 2) to convey a rod-shaped or linear elongated material (Harrabi Content of the Invention Page 3, Line 6: wire guide unit being configured to guide the wire through the outlet in a first direction along the longitudinal axis; Device Page 8, Lines 45-48: FIG. 3 shows a perspective view of the wire guide unit (2) of the present invention according to a specific embodiment in which the navigation system 21 comprises a drive roller 211, a driven roller 212, a driver 213 connected to the drive roller 211 and configured to drive the rollers 211, 212 to rotate, and a tube 214 located upstream of the roller.); a sorter (Harrabi – Outlet 22) to allow the elongated material to pass through when a variation in shape of the elongated material is within a predetermined variation range (Harrabi Content of the Invention Page 3, Line 6: an outlet for conveying the wire; Content of the Invention Page 3, Line 24-25: In one embodiment, the outlet is a nozzle, preferably a removable nozzle. Advantageously, this embodiment allows different nozzles with different cross-sections to be used as desired.); and a detector to detect presence or absence of the elongated material at a position downstream from an inlet of the sorter in a conveyance direction of the elongated material (Harrabi Content of the Invention Page 5, Lines 3-4: In one embodiment, the system further includes a wire detection unit for detecting the presence of the wire). However, Harrabi fails to disclose wherein when the detector detects absence of the elongated material, the detector determines that the elongated material is unsuitable for processing and stops processing of the elongated material.
Song Hyo teaches a detector (Song Hyo – 50; FIG. 2) that when the detector detects absence of a material, the detector stops processing of the material (Song Hyo Description Page 3, Paragraph 13: The detection sensor 50 detects the presence or absence of the material 1 supplied to the transfer chain 20, and when it is determined that there is no material, above the transfer chain 20 to stop the motor 40.). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the detector disclosed by Harrabi, to detect the presence and absence of material, wherein when the detector detects the absence of material processing stops, as taught by Song Hyo, so that the cause of absence of material can be found immediately and remedied, thus greatly improving productivity (Song Hyo Description Page 4, Paragraph 8: if a material is not supplied to the transfer chain, the cause can be immediately found and solved, which has the advantage of greatly improving productivity.).
Regarding claim 2, Harrabi in view of Song Hyo discloses the elongated material supply device, wherein the sorter (Harrabi – 22) is formed of a single member or a plurality of members that define a passage allowable width that allows passage of the elongated material when the variation in shape of the elongated material is within the predetermined variation range (Harrabi Content of the Invention Page 3, Line 24-25: In one embodiment, the outlet is a nozzle, preferably a removable nozzle. Advantageously, this embodiment allows different nozzles with different cross-sections to be used as desired.).
Regarding claim 3, Harrabi in view of Song Hyo discloses the elongated material supply device, wherein the passage allowable width is larger than a width of the elongated material and is equal to or less than six times the width of the elongated material (Harrabi Device, Page 8, Lines 22-23: Therefore, for the cross section of the used wire and/or the shape of the arch wire to be obtained, the nozzle with optimized cross section can be selected.). Applicant has not positively claimed the elongated material as part of their invention. Applicant claims a device in which an elongated material is conveyed through the device. MPEP 2115 states that a claim is only limited by positively recited elements. The "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).
Regarding claim 4, Harrabi in view of Song Hyo discloses the elongated material supply device, wherein the sorter (Harrabi – 22) and the detector are disposed downstream from the conveyor in the conveyance direction of the elongated material (Harrabi Content of the Invention Page 5, Lines 4-5: the wire detection unit being preferably mounted between the outlet of the wire guide unit and the wire bending unit.).
Regarding claim 8, Harrabi in view of Song Hyo discloses the elongated material supply further comprising a controller to control the conveyor to retry to pass the elongated material through the sorter (Harrabi – 22) in a case that the elongated material has not passed through the sorter (Harrabi – 22) (Harrabi Content of the Invention Page 4, Lines 51-52: a programmable controller configured to send a control command to the driver of the driver assembly; Lines 47-49: a driver assembly comprising a first driver operatively connected to the wire guide unit and configured to drive the wire in the guide unit.).
Regarding claim 9, Harrabi in view of Song Hyo discloses the elongated material supply device, wherein the passage allowable width is changeable (Harrabi Device Page 8, Lines 20-22: In one embodiment, the outlet (22) is a nozzle, preferably a removable nozzle. This embodiment allows the use of different nozzles with different cross-sections. Therefore, for the cross section of the used wire and/or the shape of the arch wire to be obtained, the nozzle with optimized cross section can be selected.).
Regarding claim 10, Harrabi in view of Song Hyo discloses the elongated material supply device wherein the elongated material is formed of a flexible metal material with a full length of 100 millimeters or more and a width of 3 millimeters or less (Harrabi Page 3, Lines 14-17: Thus, for a given bending moment, the force exerted by the bending member on the wire is maximized, thereby allowing the wire to be more quickly, more efficiently and more accurately bent.). The nature of wire mentioned in Harrabi calls for the wire to be bent. Thus, one having ordinary skilled in the art before the effective filing date of the claimed invention would infer that the wire is of a flexible material. Referring to MPEP 2115, “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).
Regarding claim 11, Harrabi in view of Song Hyo discloses the elongated material supply device, wherein the elongated material is made of iron, stainless steel, aluminum, copper, or an alloy containing iron, stainless steel, aluminum, or copper. As to claims 10 and 11, it has been previously stated that applicant has not positively claimed the elongated material as part of their invention. Referring to MPEP 2115, “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). Additionally, according to MPEP 2115 the inclusion of the article formed within the body of the claim did not, without more, make the claim patentable. In this instance the elongated material is not formed, however, the elongated material is the article included within the body of the claim.
Regarding claim 12, Harrabi in view of Song Hyo discloses the elongated material supply device, wherein the elongated material has a circular or polygonal cross section (Harrabi Page 17, Lines 10-11: FIG. 5A is a perspective view of an outlet (22) of the wire guide unit 2 according to one embodiment, wherein the outlet (22) is a nozzle having a circular inner surface which is rounded.). Referring to MPEP 2115, “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Harrabi and Song Hyo as applied to claim 1 above, and further in view of A.E.F. VanHulen GB 976655 A and Song US 5,966,974. GB 976655 A is a published patent hereinafter to be referred to as the VanHulen patent; and US 5,966,974 is a published patent hereinafter to be referred to as the Song patent. Harrabi in view of Song Hyo discloses the elongated material supply device comprising a detector (See claim 1 rejection above), however, Harrabi in view of Song Hyo fails to disclose a movable feeler to move in contact with the elongated material and a sensor to detect displacement of the movable feeler.
VanHulen teaches a movable feeler (VanHulen – 57; FIG. 13) to move in contact with a material (VanHulen Description Page 5, Paragraph 5: This spring is collected by the first feeler 57 which retains it, then the said feeler 57 moving aside, releases the spring). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the detector disclosed by Harrabi in view of Song Hyo, to include a movable feeler to move in contact with a material, as taught by VanHulen, to provide a control means of the automatic feeding of the elongated material and thus secure against any trouble effects in the said feeding (See VanHulen Description page 5, Paragraph 9: there is provided the quantitative control of the automatical feeding of the springs and the apparatus is 85 actually secured against the trouble effects in the said feeding.)
Song teaches a detector that includes a movable member (Song FIG. 6 – 1000) to move in contact with the elongated material (Song Col. 6, Lines 37-40: Therefore, the position detection sensor (1000) fixed to the rotary body 413b rotates to thereby detect the folded position of the member 500.) and a sensor (Song – 1110, 1120, 1130) to detect displacement of the movable member (Song Col. 6 Lines 40-41: The signals detected by the detection sensors (1110), (1120) and (1130) of the position detector (1000)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the detector of Harrabi to be a moveable member, as taught by Song, wherein rotation of the detector allows the detector to detect a position of the elongated material (Song Col. 6, Lines 37-40: Therefore, the position detection sensor (1000) fixed to the rotary body 413b rotates to thereby detect the folded position of the member 500.).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Harrabi and Song Hyo as applied to claim 1 above, and further in view of Murray et al. US 5,844,146. . US 5,844,146 is a published patent to be referred to as the Murray patent. Harrabi in view of Song Hyo discloses the claimed invention (See Claim 1 rejection), however, Harrabi fails to disclose an elongated material supply device, wherein the detector includes a sensor to detect light shielding due to passage of the elongated material.
Murray teaches a detector (Murray – 206) that includes a sensor to detect light shielding due to passage of the elongated material (Murray Col. 7, Lines 22-24: The position-sensitive detector (206) detects the shifting the light source). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the detector of Harrabi to be a detector able to detect a shifting light source, as taught by Murray, wherein the substitution of one known element for another yields predictable results to one of ordinary skill in the art. According to MPEP 2143(B) simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness. Harrabi teaches a detector for detecting the presence of a material (wire), whereas Murray teaches a detector for detecting a shift in light. Both the detector for detecting the presence of a material and the detector for detecting a shift in light are known within the art. One of ordinary skill in the art could have substituted a detector for detecting the presence of a material for a detector for detecting a shift in light, and the results of the substitution would have been predictable.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Harrabi and Song Hyo as applied to claim 1 above, and further in view of Huang CN 106847492 A. CN 106847492 A is a published patent application to be referred to as the Huang patent. Harrabi in view of Song Hyo discloses the claimed invention (See Claim 1 rejection) and discloses the detector detecting the absence of the elongated material (Page 14, lines 1-2), however, Harrabi fails to disclose an elongated material supply device further comprising a notifier to notify that the elongated material has not passed through the sorter.
Huang teaches a notifier (Huang – 1) to notify that the elongated material has not passed through the sorter (Huang Invention Contents, Page 3, Lines 4-7: the fixing plate is further provided with an alarm, the alarm is connected with the control module. when serious bending of pin does not enter to the pin opening in extrusion pressure sensor, the pressure sensor sends a signal to the controller, the controller receives the signal and then sends a signal to the alarm).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated material supply device disclosed by Harrabi in view of Song Hyo to comprise a notifier, wherein the notifier is an alarm, as taught by Murray, used to alert a worker that the elongated material has not passed through the sorter, thus requiring attention (Huang Invention Contents, Page 3, Lines 7-8: alarm lights and alarms to remind the worker of the network transformer pin needs secondary processing.).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Harrabi and Song Hyo as applied to claim 1 above, and further in view of Walz et al. US 2023/0114519. US 2023/0114519 A1 is a published patent application to be referred to as the Walz patent. Harrabi in view of Song Hyo disclosed the elongated material supply device (See claim 1 rejection), however, Harrabi fails to disclose the elongated supply device further comprising a plurality of sorters including the sorter and a plurality of detectors including the detector, wherein the plurality of sorters and the plurality of detectors are disposed downstream from the conveyor in the conveyance direction of the elongated material.
Walz teaches a plurality of sorters (Walz – FIG. 1: Pipeline 310, 315) including the sorter and a plurality of detectors including the detector (Walz– FIG. 1: Passage Sensor S1, S2-1, S2-2, S3, S4, S5) (Walz Para [0045]: A functional group which has two spring passage sensors disposed to be mutually spaced apart at different positions of the pipeline; Para [0099]: Some of the sensors in the example are: a spring passage sensor (S1) in the initial region of the pipeline (310) in the proximity of the spring coiling machine 200; a spring passage sensor (S2-1) in the end region of the pipeline (310) ahead of the beginning of the braking track. A further spring passage sensor (S2-2) in the proximity of the sensor (S2-1)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated material supply device disclosed by Harrabi in view of Song Hyo and include a plurality of sorters and detectors, as taught by Walz, so as to convey various widths of elongated material through the elongated supply device (Walz Para [0045]: wherein sensor signals of the spring passage sensors are processed to detect a time-of-flight in the pipeline.).
Moreover, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of sorters and a plurality of detectors, since it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04(VI)(B) provides for legal precedent as a source of supporting rationale wherein duplication of parts supports an obviousness rejection. In In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. Applicant provides no detail pertaining to any difference between the included sorter versus the plurality of sorters. One skilled in the art would understand the plurality of sorters to function the same as the individual sorter.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Harrabi and Song Hyo as applied to claim 1 above, and further in view of Vano JP 6345845 B2. JP 6345845 B2 is a published patent hereinafter to be referred to as the Vano patent. Harrabi in view of Song Hyo disclosed the bending apparatus comprising the elongated material suppl device to bend the elongated material supplied by the elongated material supply device (See claim 1 rejection above), however, Harrabi in view of Song Hyo fails to disclose a guide and a press to bend the elongated material supplied by the elongated material supply device.
Vano teaches a guide (Vano – 12,13; FIG. 4) and press (Vano – 10; FIG. 4) to bend elongated material (Vano – 6; FIG. 4)(Vano Description Page 3, Paragraph 3). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated material supply device disclosed by Harrabi in view of Song Hyo, to included a guide and a press to bend the elongated material supplied by the elongated material supply device, as taught by Vano, to maintain a flat configuration of the elongated material (See Vano Description Paragraph 8, lines 3-4: the press roll method according to the present invention is designed so that each spring maintains a flat configuration).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Harrabi in view of VanHulen and Bogart et al. EP 0605004 A1. EP 0605004 A1 is a published patent hereinafter to be referred to as the Bogart patent.
Regarding claim 15, Harrabi discloses an elongated material supply device, comprising: a conveyor (Harrabi – Wire Guide Unit 2) to convey a rod-shaped or linear elongated material (Harrabi Content of the Invention Page 3, Line 6: wire guide unit being configured to guide the wire through the outlet in a first direction along the longitudinal axis; Device Page 8, Lines 45-48: FIG. 3 shows a perspective view of the wire guide unit (2) of the present invention according to a specific embodiment in which the navigation system 21 comprises a drive roller 211, a driven roller 212, a driver 213 connected to the drive roller 211 and configured to drive the rollers 211, 212 to rotate, and a tube 214 located upstream of the roller.); a sorter (Harrabi – Outlet 22) to allow the elongated material to pass through when a variation in shape of the elongated material is within a predetermined variation range (Harrabi Content of the Invention Page 3, Line 6: an outlet for conveying the wire; Content of the Invention Page 3, Line 24-25: In one embodiment, the outlet is a nozzle, preferably a removable nozzle. Advantageously, this embodiment allows different nozzles with different cross-sections to be used as desired.); and a detector to detect presence or absence of the elongated material at a position downstream from an inlet of the sorter in a conveyance direction of the elongated material (Harrabi Content of the Invention Page 5, Lines 3-4: In one embodiment, the system further includes a wire detection unit for detecting the presence of the wire). Harrabi fails to disclose wherein the detector includes a movable feeler and an optical sensor, wherein the feeler displaces to allow passage of the elongated material and the optical sensor detects presence or absence of the elongated material.
VanHulen teaches a movable feeler (VanHulen – 57) to move in contact with a material and when the material passes, the feeler (VanHulen – 57) displaces to allow passage of the material (VanHulen Description Page 5, Paragraph 5: This spring is collected by the first feeler 57 which retains it, then the said feeler 57 moving aside, releases the spring). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the detector disclosed by Harrabi, to include a movable feeler to move in contact with a material, wherein the feeler displaces to allow passage of the material, as taught by VanHulen, to provide a control means of the automatic feeding of the elongated material and thus secure against any trouble effects in the said feeding (See VanHulen Description Page 5, Paragraph 9: there is provided the quantitative control of the automatical feeding of the springs and the apparatus is 85 actually secured against the trouble effects in the said feeding.)
Bogart teaches an optical sensor (Bogart – 50; FIG. 2) that detects the presence or absence of material (Bogart Description Page 5, Para 1, Lines 6-7: Optical sensor 50 is provided to determine when the next needle blank is in the needle presenting position). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated material supply device disclosed by Harrabi, to include an optical sensor to detect the presence or absence of material, as taught by Bogart, so as to allow the elongated material supply device to automatically supply elongated material (See Bogart Description Page 7, Paragraph 3).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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D.N.I.
Patent Examiner
Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
Prosecution Insights