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 .
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 is: “welding laser irradiation unit” in claims 1, 4, and 8.
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 is 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.
In claim 1, the phrase “a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face” can be interpreted as opposite the vertical axis created by the laser beam, or interpreted as opposite the horizontal axis perpendicular to the laser beam direction.
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 1-7 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.
Regarding claims 1, the phrases “…a first contact part contacting the first face…” and “…a second contact part contacting a second face…” are unclear because the term "contacting" creates an active method step in the apparatus claim. For the purposes of examination, the examiner will read the statements as "… a first contact part configured to contact the first face…" and "… a second contact part configured to contact the second face…".
Regarding claims 5-7, these claims are unclear because they refer to an object that is variable. Claims 5 and 6’s limitations are dependent on the shape and thickness of the object members in order to determine electrode position. The language of claim 7 attempts to claim the melting point of the object, which has been claimed to be any conductors, but fails to claim what material the conductors are to determine a melting point. (see MPEP 2173.05(b)ii).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Per MPEP 2115, a claim is only limited by positively recited elements. Thus, "[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). The structure described in claim 1 would not need to change in order to weld between a first and second plate member in a planar orientation.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 20070007254 A1), hereinafter Wang.
Regarding claim 1, Wang teaches, a laser welding device that welds an object to be welded (Abstract, The preferred system provides the advantages of laser welding) including two or more conductors contacting each other (Fig. 4 (14, 16), ¶ 18, The workpieces may be formed of a wide range of materials including iron alloys, aluminum alloys, magnesium alloys, titanium and molybdenum.), the laser welding device comprising: a welding laser irradiation unit that faces a first face of the object (Fig. 4, laser (30)), the welding laser irradiation unit welding the object by irradiating the object with laser light (Fig. 4, laser beam (30a)); and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object (Fig. 4 (32, 34), ¶ 20, ...the preferred heating unit includes a plurality of electrodes configured to pass an electric current (not shown) through the portion of the workpieces. The resistivity of the workpieces produces radiant and conductive heat energy...), the second face being on an opposite side to the first face (Fig. 4; Interpreting “opposite side” to mean opposite the vertical axis of the laser beam, the first electrode (32) and second electrode (34) are located on opposite sides of the axis created by the laser beam (30a) on different faces of the workpieces), and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode (¶ 20, a plurality of electrodes configured to pass an electric current (not shown) through the portion of the workpieces. The resistivity of the workpieces produces radiant and conductive heat energy, and creates a heat-affected-zone).
Regarding claims 2 and 7, claim 2 recites, "wherein the object includes a first plate member and a second plate member as the conductors, and the first plate member and the second plate member are mutually laminated.", and claim 7 recites “wherein at least one of the first contact part and the second contact part is made of a material having a higher melting point than a melting point of the object.” Per MPEP 2115, a claim is only limited by positively recited elements. Thus, "[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).
The apparatus of Wang is capable of working on the object described in claims 2 and 7 (Fig. 4, The wheels and laser are preferably translatable relative to the workpieces, and cooperatively configured to form a continuous weld between the plurality of workpieces (14)(16)).
Regarding claim 3, claim 3 does not further limit claim 1, so as Wang anticipates claim 1, Wang also anticipates claim 3.
Regarding claim 4, Wang teaches, the laser welding device according to claim 1, wherein the welding laser irradiation unit is configured to weld the object while moving an irradiation position of the laser light on the object along a predetermined movement route (Fig. 3, ¶ 24, the welding system 10 is also translatable with respect to the workpieces 14,16, so as to be capable of producing a continuous or seam weld.), a portion to be welded in the object includes a start edge part that is welded at a start point of the movement route, and an end edge part that is welded at an end point of the movement route, and the first electrode and the second electrode are disposed such that the end edge part is heated by the heat (Fig. 1, Heat-affected-zone (28)).
Regarding claim 5, Wang teaches, The laser welding device according to claim 4, wherein the first electrode and the second electrode are disposed such that a line segment of a shortest distance passing through an inside of the object and connecting the first contact part and the second contact part overlaps at least part of the end edge part when seen in a direction that travels from the first face to the second face (Fig. 3).
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Wang - Figure 3 (Annotated)
Regarding claim 8, Wang teaches, a laser welding method for welding an object to be welded (¶ 9) including two or more conductors contacting each other (Fig. 4 (14, 16), ¶ 18, The workpieces may be formed of a wide range of materials including iron alloys, aluminum alloys, magnesium alloys, titanium and molybdenum.), the laser welding method comprising: a preheating step of preheating the object (¶ 11); and a welding step of welding the object by irradiating a welding portion of the object with laser light from a welding laser irradiation unit disposed facing a first face of the object (Fig. 4, ¶ 9), wherein in the preheating step, at least part of the object is heated by causing a current to flow in the object via a first electrode contacting the first face, and a second electrode contacting a second face of the object (¶ 20), the second face being on an opposite side to the first face (Fig. 4; Interpreting “opposite side” to mean opposite the vertical axis of the laser beam, the first electrode (32) and second electrode (34) are located on opposite sides of the axis created by the laser beam (30a) on different faces of the workpieces).
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.
Claims 1-5, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20070007254 A1) in view of Gould et al. (US 6545244 B1).
Note: This rejection is being made in the interest of compact prosecution in anticipation of applicant amending the claims to prohibit examiner’s interpretation of what can be considered the first and second faces.
Regarding claim 1, Wang teaches, A laser welding device that welds an object to be welded (Abstract, The preferred system provides the advantages of laser welding) including two or more conductors contacting each other (Fig. 4 (14, 16), ¶ 18, The workpieces may be formed of a wide range of materials including iron alloys, aluminum alloys, magnesium alloys, titanium and molybdenum.), the laser welding device comprising: a welding laser irradiation unit that faces a first face of the object (Fig. 4, laser (30)), the welding laser irradiation unit welding the object by irradiating the object with laser light (Fig. 4, laser beam (30a)); and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object (Fig. 4 (32, 34), ¶ 20, ...the preferred heating unit includes a plurality of electrodes configured to pass an electric current (not shown) through the portion of the workpieces. The resistivity of the workpieces produces radiant and conductive heat energy...), and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode (¶ 20, a plurality of electrodes configured to pass an electric current (not shown) through the portion of the workpieces. The resistivity of the workpieces produces radiant and conductive heat energy, and creates a heat-affected-zone). Interpreting “opposite side” in claim 1 to mean opposite the horizontal axis perpendicular to the laser beam direction, then Wang fails to teach a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face, wherein the opposite side is below the object while the first side is above the object.
Gould teaches, a welding device using rolling electrodes to heat the parts to be welded, that welds an object to be welded including two or more conductors contacting each other ( Col. 2, lines 20-23, the present invention features placing two electrically-conducting parts to be joined, typically metals although electrically conductive plastics may also be used, juxtaposed one to the next to form a weld zone.); and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face, and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode (Fig. 1 and 2 (12)(14); Col. 2, lines 26-31, Oppositely charged electrodes are positioned and aligned to cause a current to flow through the covering sheet and the weld zone of the materials to be joined. Resistance heating of the cover sheet(s) with subsequent conductive heating of the weld zone produces sufficient heat to melt and weld the parts together.).
Gould also discloses that the parts to be welded can be effectively heated when the electrodes are placed on the same side of said parts (Fig. 7, (12)(14); Col. 8, line 37-40, …it is also possible to accomplish joining from only one side; that is, using only a single cover sheet 2. In this case, the melt zone extends only from a single side effecting the joint as it crosses the bond line.). Gould shows that both electrode orientations can be used to generate sufficient heat to weld the location between these parts. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to apply the technique of using heating electrodes on opposing sides (front and rear faces) of a workpiece as taught by Gould, to the laser welding and preheating device of Wang for the predictable result of preheating a workpiece prior to welding.
Regarding claims 2 and 7, claim 2 recites, "wherein the object includes a first plate member and a second plate member as the conductors, and the first plate member and the second plate member are mutually laminated.", and claim 7 recites “wherein at least one of the first contact part and the second contact part is made of a material having a higher melting point than a melting point of the object.” Per MPEP 2115, a claim is only limited by positively recited elements. Thus, "[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).
The apparatus of Wang is capable of working on the object described in claims 2 and 7 (Fig. 4, The wheels and laser are preferably translatable relative to the workpieces, and cooperatively configured to form a continuous weld between the plurality of workpieces (14)(16)).
Regarding claim 3, claim 3 does not further limit claim 1, so as Wang anticipates claim 1, Wang also anticipates claim 3.
Regarding claim 4, Wang teaches, the laser welding device according to claim 1, wherein the welding laser irradiation unit is configured to weld the object while moving an irradiation position of the laser light on the object along a predetermined movement route (Fig. 3, ¶ 24, the welding system 10 is also translatable with respect to the workpieces 14,16, so as to be capable of producing a continuous or seam weld.), a portion to be welded in the object includes a start edge part that is welded at a start point of the movement route, and an end edge part that is welded at an end point of the movement route, and the first electrode and the second electrode are disposed such that the end edge part is heated by the heat (Fig. 1, Heat-affected-zone (28)).
Regarding claim 5, Wang teaches, The laser welding device according to claim 4, wherein the first electrode and the second electrode are disposed such that a line segment of a shortest distance passing through an inside of the object and connecting the first contact part and the second contact part overlaps at least part of the end edge part when seen in a direction that travels from the first face to the second face (Fig. 3).
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Wang - Figure 3 (Annotated)
Regarding claim 8, Wang teaches, a laser welding method for welding an object to be welded (¶ 9) including two or more conductors contacting each other (Fig. 4 (14, 16), ¶ 18, The workpieces may be formed of a wide range of materials including iron alloys, aluminum alloys, magnesium alloys, titanium and molybdenum.), the laser welding method comprising: a preheating step of preheating the object (¶ 11); and a welding step of welding the object by irradiating a welding portion of the object with laser light from a welding laser irradiation unit disposed facing a first face of the object (Fig. 4, ¶ 9), wherein in the preheating step, at least part of the object is heated by causing a current to flow in the object via a first electrode contacting the first face, and a second electrode contacting a second face of the object (¶ 20), the second face being on an opposite side to the first face (Fig. 4; Interpreting “opposite side” to mean opposite the vertical axis of the laser beam, the first electrode (32) and second electrode (34) are located on opposite sides of the axis created by the laser beam (30a) on different faces of the workpieces).
Regarding claim 8, Wang fails to teach the second electrode contacting a second face of the object, the second face being on an opposite side to the first face, wherein the opposite side is below the object while the first side is above the object.
Gould teaches, a welding device using rolling electrodes to heat the parts to be welded, that welds an object to be welded including two or more conductors contacting each other ( Col. 2, lines 20-23, the present invention features placing two electrically-conducting parts to be joined, typically metals although electrically conductive plastics may also be used, juxtaposed one to the next to form a weld zone.); and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face, and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode (Fig. 1 and 2 (12)(14); Col. 2, lines 26-31, Oppositely charged electrodes are positioned and aligned to cause a current to flow through the covering sheet and the weld zone of the materials to be joined. Resistance heating of the cover sheet(s) with subsequent conductive heating of the weld zone produces sufficient heat to melt and weld the parts together.).
Gould also discloses that the parts to be welded can be effectively heated when the electrodes are placed on the same side of said parts (Fig. 7, (12)(14); Col. 8, line 37-40, …it is also possible to accomplish joining from only one side; that is, using only a single cover sheet 2. In this case, the melt zone extends only from a single side effecting the joint as it crosses the bond line.). Gould shows that both electrode orientations can be used to generate sufficient heat to weld the location between these parts. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to apply the technique of using heating electrodes on opposing sides (front and rear faces) of a workpiece as taught by Gould, to the laser welding and preheating device of Wang for the predictable result of preheating a workpiece prior to welding.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, or the modified device of Wang, in view of Zehavi et al. (US 6583377 B2).
Regarding claim 6, both Wang, and the Modified device of Wang, teach the laser welding device according to claim 5. But Wang fails to teach, wherein the first contact part is disposed at a front of a distal end of the end edge part in a movement direction of the irradiation position, and the second contact part is disposed at a back of the distal end of the end edge part.
Zehavi teaches, the welding of workpieces together by first preheating the workpieces, wherein the first contact part is disposed at a front of a distal end of the end edge part in a movement direction of the irradiation position, and the second contact part is disposed at a back of the distal end of the end edge part (Fig. 2; Col. 3, lines 2-9, Anode contacts 26, 28 are formed on the neighboring ends of the two bars 20, 22, and cathode contacts 30, 32 are formed on the other ends of the bars 20, 22. The two anode contacts 30, 32 are electrically tied to each other. A first DC heater power supply 34 has its negative terminal connected to the anode contact 26 of the first silicon bar 20, and a second DC heater power supply 36 has its negative terminal connected to the anode cathode contact 28 of the second silicon bar 22.).
Wang, and the modified device of Wang, disclose their welding device uses electrode rollers for preheating the workpieces. These electrodes are either spaced a specific distance away from the welding direction center line (Fig. 3 (s1)(s2)) or electrode wheel 32 can be placed further ahead in the laser’s movement direction (¶ 25, …the second wheel 32 may precede the laser 30 while contacting the upper workpiece 14 (as shown in FIG. 2, and by hidden line in FIG. 4), or be spaced from the longitudinal center line of the weld a distance, S2…). Furthermore, Zehavi teaches that the heater contact points can be ahead of and behind the welding position (Fig. 2 (26)(28)(30)(32)). Thus, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to try having one of the electrodes disposed further ahead in the movement path of the welding laser than the other electrode, in an attempt to effectively preheat the object to be welded, as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of copending Application No. 18/398,316 in view of Wang et al. (US 20070007254 A1) .
The table below shows claims of instant application 18/396,962 and claims of copending
application 18/398,316.
Instant Application 18/396,962
Copending Application 18/398,316
1. A laser welding device that welds an object to be welded including two or more conductors contacting each other, the laser welding device comprising: a welding laser irradiation unit that faces a first face of the object,
the welding laser irradiation unit welding the object by irradiating the object with laser light; and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face, and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode.
1. A laser welding device that welds an object to be welded including two or more members
comprising:
a welding laser irradiation unit that faces the object,
the welding laser irradiation unit welding the object by irradiating a target portion of the object with laser light; and a heating device disposed on an opposite side to the welding laser irradiation unit seen from the object, the heating device preheating the target portion by heating the target portion from the opposite side.
2. The laser welding device according to claim 1, wherein the object includes a first plate member and a second plate member as the conductors, and the first plate member and the second plate member are mutually laminated.
2. The laser welding device according to claim 1, wherein the object includes a first plate member and a second plate member as the members, and the first plate member and the second plate member are mutually laminated.
3. The laser welding device according to claim 1, wherein the object includes a first plate member and a second plate member as the conductors, the first plate member and the second plate member are aligned in a planar direction, and the welding laser irradiation unit welds between the first plate member and the second plate member.
3. The laser welding device according to claim 1, wherein the object includes a first plate member and a second plate member as the members,
the first plate member and the second plate member are aligned in a planar direction, and the welding laser irradiation unit welds between the first plate member and the second plate member.
4. The laser welding device according to claim 1, wherein the welding laser irradiation unit is configured to weld the object while moving an irradiation position of the laser light on the object along a predetermined movement route, a portion to be welded in the object includes a start edge part that is welded at a start point of the movement route, and an end edge part that is welded at an end point of the movement route, and the first electrode and the second electrode are disposed such that the end edge part is heated by the heat.
4. The laser welding device according to claim 1, wherein the welding laser irradiation unit is configured to weld the object while moving an irradiation position of the laser light on the object along a predetermined movement route, the target portion includes a
start edge part that is welded at a start point of the movement route, and an end edge part that is welded at an end point of the movement route, and the heating device preheats the end edge part by heating the end edge part.
5. The laser welding device according to claim 4, wherein the first electrode and the second electrode are disposed such that a line segment of a shortest distance passing through an inside of the object and connecting the first contact part and the second contact part overlaps at least part of the end edge part when seen in a direction that travels from the first face to the second face.
4. The laser welding device according to claim 1, wherein the welding laser irradiation unit is configured to weld the object while moving an irradiation position of the laser light on the object along a predetermined movement route, the target portion includes a start edge part that is welded at a start point of the movement route, and an end edge part that is welded at an end point of the movement route, and the heating device preheats the end edge part by heating the end edge part.
Regarding claim 1 of instant application, claim 1 of copending application 18/398,316 teaches, a laser welding device that welds an object to be welded including two or more members contacting each other, the laser welding device comprising: a welding laser irradiation unit that faces a first face of the object, the welding laser irradiation unit welding the object by irradiating the object with laser light; and a heating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face, and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode. But claim 1 of copending application 18/398,316 fails to teach, the object to be welded including two or more conductors, and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object, the second face being on an opposite side to the first face, and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode.
Wang teaches, a laser welding device that welds an object to be welded (Abstract, The preferred system provides the advantages of laser welding) including two or more conductors contacting each other (Fig. 4 (14, 16), ¶ 18, The workpieces may be formed of a wide range of materials including iron alloys, aluminum alloys, magnesium alloys, titanium and molybdenum.), the laser welding device comprising: a welding laser irradiation unit that faces a first face of the object (Fig. 4, laser (30)), the welding laser irradiation unit welding the object by irradiating the object with laser light (Fig. 4, laser beam (30a)); and a preheating device preheating the object, wherein the preheating device includes a first electrode that includes a first contact part contacting the first face, and a second electrode that includes a second contact part contacting a second face of the object (Fig. 4 (32, 34), ¶ 20, ...the preferred heating unit includes a plurality of electrodes configured to pass an electric current (not shown) through the portion of the workpieces. The resistivity of the workpieces produces radiant and conductive heat energy...), the second face being on an opposite side to the first face (Fig. 4; Interpreting “opposite side” to mean opposite the vertical axis of the laser beam, the first electrode (32) and second electrode (34) are located on opposite sides of the axis created by the laser beam (30a) on different faces of the workpieces), and the preheating device heats at least part of the object by heat generated when a current flows in the object via the first electrode and the second electrode (¶ 20, a plurality of electrodes configured to pass an electric current (not shown) through the portion of the workpieces. The resistivity of the workpieces produces radiant and conductive heat energy, and creates a heat-affected-zone).
Wang shows that you can achieve the same result of effectively preheating a workpiece prior to welding by using electrodes contacting the workpiece. Therefore, it would have been obvious to a person having ordinary skill, in the art as of the effective filing date, to substitute the heating device taught in claim 1 of copending application 18/398,316, with the preheating device taught by Wang that uses electrodes.
Regarding claims 2 and 3 of instant application, the laser welding device according to claim 1 is taught by the primary combination shown above. While claims 2 and 3 of copending application 18/398,316, teach the limitations of claims 2 and 3 of instant application.
Regarding claim 4, the laser welding device according to claim 1 is taught by the primary combination shown above, including wherein the heating device includes a first and second electrode. While claim 4 of copending application 18/398,316 teaches, the limitations of claim 4 of instant application, save for the heating device including a first and second electrode
Regarding claim 5, claim 4 of copending application 18/398,316 teaches, the laser welding device according to claim 4. But claim 4 fails to teach, wherein the first electrode and the second electrode are disposed such that a line segment of a shortest distance passing through an inside of the object and connecting the first contact part and the second contact part overlaps at least part of the end edge part when seen in a direction that travels from the first face to the second face.
Wang teaches, The laser welding device according to claim 4, wherein the first electrode and the second electrode are disposed such that a line segment of a shortest distance passing through an inside of the object and connecting the first contact part and the second contact part overlaps at least part of the end edge part when seen in a direction that travels from the first face to the second face (Fig. 3). (See Wang – Figure 3 (Annotated) above). The primary combination as applied to claim 1 teaches this claimed limitation.
This is a provisional nonstatutory double patenting rejection.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Larsson et al. (US 20060043076 A1) teaches a manufacturing method for interconnecting workpieces by laser welding after they are preheated using electrode rollers disposed on opposing sides of the workpieces (Fig. 1).
Conclusion
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/C.J.M./Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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