DETAILED ACTION
This action is in response to the amendment filed on 12/26/2025.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 Objections
Claims 11 and 12 are objected to because of the following informalities: in claim 11, line 4 delete “provide an release signal” and insert therein - - provide a release signal - -. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 17 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 recites the limitations “providing an automatic welding machine according to claim 1” and “transferring the heating device for at least partially heating the material sheets to be joined in a connection region from a rest position to a working position using the telescopic pull-out” wherein amended claim 1 recites the limitation “wherein at least a first traveling roller of the two traveling rollers is arranged to be movable by a telescopic pull-out”. The specification does not describe both the heating device and the first traveling roller are arranged to be movable on the same telescopic pull-out.
Claims 10, 12, and 17 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 10 recites the limitation “the handle lever” in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to delete “the handle lever” and insert therein - - a handle lever - - to overcome this rejection. This is the interpretation given the limitation for purposes of examination.
Claim 12 recites the limitation “the start-up switch is configured to be actuated by a retracting shaft of the telescopic pull-out”. The limitation is unclear and confusing as an axle (see claim 1) not a shaft of the telescopic pull-out retracts into the housing. It is suggested to delete “the start-up switch is configured to be actuated by a retracting shaft of the telescopic pull-out” and insert therein - - the start-up switch is configured to be actuated by a retracting axle of the telescopic pull-out - - to overcome this rejection. This is the interpretation given the limitation for purposes of examination.
Claim 17 recites the limitation “transferring the heating device for at least partially heating the material sheets to be joined in a connection region from a rest position to a working position using the telescopic pull-out” in line 6. The limitation is unclear and confusing as the heating device of the “automatic welding machine according to claim 1” is not arranged to be movable by the telescopic pull-out. It appears claim 17 may be intended to require the “automatic welding machine according to claim 19” in view of applicants amendments submitted 12/26/2025. It is suggested to delete “automatic welding machine according to claim 1” in line 5 and insert therein - - automatic welding machine according to claim 19 - - to overcome this rejection (and the 35 U.S.C. 112(a) rejection above). This is the interpretation given the limitation for purposes of examination.
Claim Rejections - 35 USC § 102
Claims 1 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peterson (U.S. Patent Application Publication 2006/0151107).
Regarding claim 1, Peterson discloses an automatic welding machine capable of for thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure, comprising (it being noted comprising is inclusive or open-ended and does not exclude additional, unrecited elements or method steps see MPEP 2111.03) - a heating device (heater comprising nozzle 64) capable of for at least partially heating the material sheets to be joined in a connection region, - a support frame (comprising the attached combination of axle assembly 56, bracket members 84, platform 82, and platform 46 of machine 10) with a housing (element 68), - a pressure roller (74), - at least two traveling rollers (54a, 54b, 58a, 58b), wherein the pressure roller and the traveling rollers are arranged on the support frame and together with the support frame form a chassis, wherein the chassis comprises a longitudinal axis and a transverse axis perpendicular thereto, which span a chassis plane, wherein at least a first traveling roller (54a, 54b) of the at least two traveling rollers is arranged to be movable by a telescopic pull-out (comprising elements 66, 68) relative to the support frame in directions parallel to the transverse axis, wherein the first traveling roller and the heating device are with respect to a longitudinal center of the chassis arranged on opposite sides of the chassis (Figure2A), and wherein the telescopic pull-out comprises an axle (element 66), wherein the first traveling roller is fixedly attached to the axle of the telescopic pull-out, wherein in an extended state the axle is pulled-out of the housing of the support frame and in a retracted state is received by the housing of the support frame; and wherein elements (66, 68) of the telescopic pull-out are pushed into one another (in a like manner to as in the instant invention wherein the axle 81 and housing 62/receptacle 64, i.e. the elements of the telescopic pull-out, are pushed into one another) (Figures 2-6 and Paragraphs 0038-0047).
Regarding claims 1 and 18, it is noted claims 1 and 18 are directed to an apparatus wherein the limitations in claim 1 directed to “thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure” and “for at least partially heating the material sheets to be joined in a connection region” and in claim 18 of “for edge-side joining of an overlapping upper material sheet to a lower material sheet” are directed to the materials and/or articles worked upon by the apparatus and/or functional limitations. Inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims (see MPEP 2115). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on. Peterson teaches all of the structural limitations of the claims as set forth above and is capable of “thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure”, “for at least partially heating the material sheets to be joined in a connection region”, and of “for edge-side joining of an overlapping upper material sheet to a lower material sheet” wherein as the materials or articles worked upon by the apparatus (i.e. with the heating device inserted therebetween) are material sheets including an edge of an overlapping upper material sheet on a lower material sheet.
Claims 1 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burgler et al. (U.S. Patent Application Publication 2016/0158871).
Regarding claim 1, Burgler discloses an automatic welding machine capable of for thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure, comprising - a heating device (6) capable of for at least partially heating the material sheets to be joined in a connection region, - a support frame (3) with a housing (for the lateral leg 4 see Figure 1 wherein the longitudinal leg/support frame 3 houses at least the edges of the lateral leg), - a pressure roller (8), - at least two traveling rollers (5), wherein the pressure roller and the traveling rollers are arranged on the support frame and together with the support frame form a chassis, wherein the chassis comprises a longitudinal axis and a transverse axis perpendicular thereto, which span a chassis plane, wherein at least a first traveling roller of the two traveling rollers is arranged to be movable by a telescopic pull-out (comprising lateral leg 4 and the housing for the lateral leg 4) at least relative to the side of the support frame not including the heating device (see from Figure 1 to 2a) in directions parallel to the transverse axis, wherein (such as in Figure 2a) the first traveling roller and the heating device are with respect to a longitudinal center of the chassis arranged on opposite sides of the chassis, and wherein the telescopic pull-out comprises an axle (lateral leg 4), wherein the first traveling roller is fixedly attached to the axle of the telescopic pull-out, wherein in an extended state the axle is pulled-out of the housing of the support frame (Figure 2a) and in a retracted state is received by the housing of the support frame (Figure 1); and wherein elements (lateral leg 4 and the housing) of the telescopic pull-out are pushed into one another (Figures 1, 2a, and 2b and Paragraphs 0023-0025).
Regarding claims 1 and 18, as noted above claims 1 and 18 are directed to an apparatus. Burgler teaches all of the structural limitations of the claims as set forth above and is capable of “thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure”, “for at least partially heating the material sheets to be joined in a connection region”, and of “for edge-side joining of an overlapping upper material sheet to a lower material sheet” wherein as the materials or articles worked upon by the apparatus are material sheets including an edge of an overlapping upper material sheet on a lower material sheet.
Claims 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neal (U.S. Patent 5,234,533).
Regarding claim 19, Neal discloses an automatic welding machine capable of for thermal joining of material sheets (100) to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure, comprising - a heating device (heater comprising air control box 32, tubular sleeve 33, hot air tube 35, thermocouple 37, hot air shoe 38, and handles 40 and 41) capable of for at least partially heating the material sheets to be joined in a connection region, - a support frame (comprising 16) with a housing (comprising posts 18, air blower 28, air transfer tube 29, and end of air transfer tube 30), - a pressure roller (49 in line with the heating device), - at least two traveling rollers (comprising 45, 49 not in line with the heating device, 56, 84), wherein the pressure roller and the traveling rollers are arranged on the support frame and together with the support frame form a chassis, wherein the chassis comprises a longitudinal axis and a transverse axis perpendicular thereto, which span a chassis plane, wherein the heating device is arranged to be movable by a telescopic pull-out (comprising 29, 30 and 33) relative to the support frame in directions parallel to the transverse axis, wherein the first traveling roller (49 not in line with the heating device or 56 or 84) and the heating device are with respect to a longitudinal center of the chassis arranged on opposite sides of the chassis; and wherein the telescopic pull-out comprises an axle (33), wherein the heating device is fixedly attached to the axle of the telescopic pull-out, wherein in an extended state the axle is pulled-out of the housing (at least of 29, 30) of the support frame and in a retracted state is received by the housing of the support frame (see Figure 2); and wherein elements (33 and 29, 30) of the telescopic pull-out are pushed into one another (Figures 1-3 and Column 2, line 60 to Column 4, line 43).
Regarding claim 17 (see the 35 U.S.C. 112 rejections above), Neal discloses a method for thermal joining of material sheets (100) to be joined together in a materially bonded manner under the application of heat and subsequent application of pressure, comprising the steps of - providing an automatic welding machine according to claim 19; - transferring the heating device for at least partially heating the material sheets to be joined in a connection region from a rest position (upright against a rest angle bar 43) to a working position (down from the rest angle bar) using the telescopic pull-out (pulled outwardly and pivoted using handles 40 and 41); and - thermal joining of the material sheets with the automatic welding machine.
Claim Rejections - 35 USC § 103
Claims 3, 4, 8, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Burgler in view of Neal.
Regarding claims 3, 4, and 8, Burgler is described above in full detail. Burgler does not expressly teach the heating device is arranged rotatably relative to the support frame. It is known in the same art the heating device (heater comprising air control box 32, tubular sleeve 33, hot air tube 35, thermocouple 37, hot air shoe 38, and handles 40 and 41) is arranged rotatably relative to the support frame (comprising frame 16) about an axis parallel to the transverse axis of the support frame, wherein the heating device is fixable axially and rotationally relative to the support frame at least in a first axial and rotational pose (fixed upright resting position against a rest angle bar 43) and is fixable at least axially relative to the support frame in a further, second axial and rotational pose which is at least axially different from the first pose (pulled outwardly/moved laterally along the axis and pivoted to lower the heating device to the fixed down working position) to position the heating device between a resting position and a working position as taught by Neal (Column 3, lines 21-24) and including (regarding claim 4) the heating device is arranged on the support frame by a telescopic pull-out (comprising 29, 30 and 33), wherein the telescopic pull-out comprises a receptacle (29, 30) fixed to the support frame and a shaft (33), wherein the shaft extends between a first axial shaft end and a second axial shaft end along a shaft axis parallel to the transverse axis, wherein the second axial shaft end is an axial shaft end facing away from a housing (comprising posts 18) of the machine, wherein the shaft is mounted at the receptacle so as to be movable along the shaft axis and rotatable about the shaft axis, and wherein the heating device is arranged on the shaft in a region of the second axial shaft end (see Figure 2) and (regarding claim 8) a handle lever (40 and/or 41) is arranged at the second axial shaft end, which is configured to provide a manual rotation of the shaft about the shaft axis, a manual displacement of the shaft in directions along the shaft axis and/or a manual release of a fixation of the shaft from the receptacle (see Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the automatic welding machine taught by Burgler include the heating device is arranged (on the support frame by a further telescopic pull-out) rotatably (via a handle lever) relative to the support frame about an axis parallel to the transverse axis, wherein the heating device is fixable axially and rotationally relative to the support frame at least in a first axial and rotational pose (fixed upright resting position against a rest angle bar) and is fixable at least axially relative to the support frame in a further, second axial and rotational pose (pulled outwardly/moved laterally along the axis and pivoted to lower the heating device to the fixed down working position) which is at least axially different from the first pose to position the heating device between a resting position and a working position as taught by Neal.
Regarding claims 17 and 19 (see the 35 U.S.C. 112 rejections above), Burgler is described above in full detail wherein Burgler as modified by Neal further teach wherein the heating device is arranged to be movable by a further telescopic pull-out relative to the support frame in directions parallel to the transverse axis and wherein the further telescopic pull-out comprises a shaft/axle, wherein the heating device is fixedly attached to the shaft/axle of the telescopic pull-out, wherein in an extended state the axle is pulled-out of the receptacle/housing of the support frame and in a retracted state is received by the receptacle/housing of the support frame; and wherein elements of the further telescopic pull-out are pushed into one another whereby Burgler as modified by Neal further teach a method for thermal joining of material sheets (overlapping material webs) to be joined together in a materially bonded manner under the application of heat and subsequent application of pressure, comprising the steps of - providing an automatic welding machine according to claim 1; - transferring the heating device for at least partially heating the material sheets to be joined in a connection region from a rest position to a working position using the further telescopic pull-out; and - thermal joining of the material sheets with the automatic welding machine.
Claims 3-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Burgler and Neal as applied to claims 3, 4, and 8 above, and further in view of Peterson. Additionally, claims 3-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Burgler and Neal as applied to claims 3, 4, and 8 above, and further in view of Speranza (U.S. Patent 2,225,281) and optionally further Peterson. Additionally, Claims 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Burgler and Neal as applied to claims 3, 4, and 8 above, and further in view of Walker (U.S. Patent 3,659,329) and optionally further Peterson.
Regarding claims 5-7, Burgler as modified by Neal above teach all of the limitations in claims 5-7 but for additional structure to fix the telescopic shaft and receptacle in the first pose and/or the second pose (claims 3, 4, and 8 further rejected herein in the event it is somehow considered the shaft and receptacle taught by Burgler as modified by Neal as set forth above are not necessarily fixable in each pose). It is well understood by one of ordinary skill in the art of telescopic shaft (66 of Peterson and 5 of Speranza and 13 of Walker) and receptacle (68 of Peterson and 8 of Speranza and 11 of Walker) to fix the shaft to the receptacle in a pose by the shaft can be releasably fixed to the receptacle by a locking device of the receptacle as evidenced by Peterson (Figures 5 and 6 and Paragraph 0041) and including in an automatic welding machine or Speranza (Figure 4 and Page 1, lines 43-50) or Walker (Figures 1 and 2 and Column 2, lines 1-46) wherein the locking device comprises at least one locking bolt of a screw (72 of Peterson and 10 of Speranza) or plunger (19, 25 of Walker) wherein as evidenced by each of Speranza (Figure 4) or Walker (Figures 1 and 2) the locking bolt is oriented in a direction of a locking axis perpendicularly intersecting the shaft axis and is movable in the direction of the locking axis, and wherein the shaft can be fixed in the pose by an at least partial engagement of the locking bolt radially to the shaft axis into engagement with at least the surface of the shaft and including as further evidenced by Walker the locking bolt of a plunger is loaded by a spring force (27) in direction of the shaft axis to releasably fix the pose by a predetermined force value. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the automatic welding machine taught by Burgler as modified by Neal further comprise at least one locking bolt for releasably fixing the heating device in the first pose and/or in the second pose by the shaft can be releasably fixed to the receptacle by a locking device of the receptacle (i.e. regarding claim 3 the heating device is arranged rotatably relative to the support frame about an axis parallel to the transverse axis, wherein the heating device is releasably fixable axially and rotationally relative to the support frame at least in a first axial and rotational pose (fixed upright resting position against the rest angle bar) and is releasably fixable at least axially relative to the support frame in a further, second axial and rotational pose which is at least axially different from the first pose (pulled outwardly and pivoted to lower the heating device to the fixed down working position)) as taught by Peterson or Speranza and optionally further Peterson (as evidences in an automatic welding machine) or Walker and optionally further Peterson (as evidences in an automatic welding machine) wherein regarding claim 6 as taught by Speranza or Walker the locking device comprises at least one locking bolt, wherein the locking bolt is oriented in a direction of a locking axis perpendicularly intersecting the shaft axis and is movable in the direction of the locking axis, and wherein the shaft can be fixed at least in the first pose and/or in the second pose by an at least partial engagement of the locking bolt radially to the shaft axis into engagement with at least the surface of the shaft and wherein regarding claim 7 as taught by Walker the locking bolt is loaded by a spring force in direction of the shaft axis.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Burgler in view of Poplinski (U.S. Patent 3,498,685).
Regarding claim 13, Burgler is described above in full detail and including at least the first traveling roller is arranged to be movable by a telescopic pull-out (comprising lateral leg 4 and the housing for the lateral leg 4) relative to the side of the support frame not including the heating device in directions parallel to the transverse axis. Burgler teaches the first traveling roller is arranged on the support frame by the telescopic pull-out that is slidably displaceable relative to the support frame (Paragraph 0006). Burgler does not expressly teach the structure for sliding the pull-out. It is well understood by one of ordinary skill in the art of slidably displacing a first structure relative to a second structure to use a dovetail rail wherein the first structure comprise a male dovetail member and the second structure comprise a female dovetail member as evidenced by Poplinski (Figure 1 and Column 1, lines 10-20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the lateral leg (4) and the housing for the lateral leg forming the telescopic pull-out taught by Burgler further comprise a male dovetail member and a female dovetail member (i.e. wherein the telescopic pull-out for the traveling roller comprises a dovetail rail) for conventional and predictable sliding of the pull-out as would have been well understood by one of ordinary skill in the art as evidenced by Poplinski.
Regarding claim 14, the telescopic pull-out with the first traveling roller taught by Burgler as modified by Poplinski is configured by capable of sliding from Figure 2a to Figure 2b not to protrude beyond the support frame at least at a minimum distance of the traveling roller from the longitudinal center of the support frame parallel to the transverse axis in a direction parallel to the transverse axis (such as shown in Figures 1 or 2b and Paragraph 0025).
Regarding claim 15, the telescopic pull-out with the first traveling roller taught by Burgler as modified by Poplinski is capable of sliding from Figure 2a to Figure 2b and including terminates flush with the support frame (such as shown in Figures 1 or 2b and see Paragraph 0025) with an axial cantilever end comprising another traveling roller facing away from the longitudinal center.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Burgler in view of Kobzan (U.S. Patent 6,149,762).
Regarding claim 16, Burgler is described above in full detail. Burgler does not expressly teach an adjusting device for adjusting the alignment of at least one of the traveling rollers. Burgler does not require connecting the traveling rollers to the machine by any particular connection wherein it is well understood by one of ordinary skill in the art a traveling roller is connected to the frame by a caster bracket allowing for adjusting the alignment of the roller and guiding the automatic welding machine as evidenced by Kobzan (Figure 2 and Column 4, lines 12-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the at least two traveling rollers taught by Burgler comprise at least one traveling roller connected to the machine by an adjusting device (a caster bracket and considered the corresponding structure, material, or acts described in the specification and equivalents thereof of an adjusting screw) capable of for adjusting the alignment of the at least one traveling roller and guiding the automatic welding machine as is well understood by one of ordinary skill in the art as evidenced by Kobzan.
Allowable Subject Matter
Claims 9 and 11 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.
Claims 10 and 12 would be allowable if rewritten as suggested to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 claims 9 and 10, the prior art of record fails to teach or suggest an automatic welding machine for thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure as claimed in claims 1 and 3-6 and further including a coaxial stud is received in an interior of the shaft of the further telescopic pull-out, wherein the coaxial stud extends parallel to the shaft axis at least partially through the shaft, wherein the coaxial stud is movable in directions to the shaft axis, wherein the locking bolt can be at least partially brought into engagement with the coaxial stud at least in the first pose and/or the second pose, and wherein the locking bolt can be disengaged from the coaxial stud by a movement of the coaxial stud in a direction along the shaft axis relative to the shaft.
Regarding claims 11 and 12, the prior art of record fails to teach or suggest an automatic welding machine for thermal joining of material sheets to be connected to one another in a materially bonded manner under the application of heat and subsequent application of pressure as claimed in claim 1 and further including wherein the automatic welding machine comprises a drive, wherein the drive is coupled with a start-up switch which is configured to provide a release signal for the drive, wherein the start-up switch is arranged in the interior of the housing and is configured to be actuated by retraction of the telescopic pull-out into the interior of the housing.
Response to Arguments
Applicant's arguments filed 12/26/2025 have been fully considered.
In view of the amendments filed on 12/26/2025 the objections and 35 U.S.C. 112 rejections set forth in the Office action mailed on 8/25/2025 are withdrawn. The amended claims and new claims are fully addressed above (and including Peterson applied to amended claim 1 and the new limitation “wherein elements of the telescopic pull-out are pushed into one another” see Figure 6 in a like manner to as in the instant invention wherein the axle 81 and housing 62/receptacle 64, i.e. the elements of the telescopic pull-out, are pushed into one another).
Applicants argue, “Such a rigid lateral leg with fixed length as taught by Burgler is, however, not a telescopic pull-out within the meaning of the present application and amended independent claim 1 (see also the present application as filed at paragraphs [0011]-[0014], in particular paragraph [0014]:“In the context of the present disclosure, a telescopic pull-out can be understood to refer to a device which can be extended in the longitudinal direction with two or more coaxially arranged elements one inside the further. Each of the inner telescopic members can from the next largest member, which thus directly receives it, be axially extended. With other words, this is not merely a displacement of a rigid axis, but a sliding of elements into one another, wherein the extension in longitudinal direction is reduced in the retracted state,” (emphasis added)).” And “The width or length of the axis thus always stays the same in Burgler.”.
This argument is not persuasive wherein a telescopic pull-out is defined as set forth in the last paragraph of amended claim 1 wherein Burgler teaches at least a first traveling roller of the two traveling rollers is arranged to be movable by a telescopic pull-out (comprising lateral leg 4 and the housing for the lateral leg 4) at least relative to the side of the support frame not including the heating device (see from Figure 1 to 2a) in directions parallel to the transverse axis and wherein the telescopic pull-out comprises an axle (lateral leg 4), wherein the first traveling roller is fixedly attached to the axle of the telescopic pull-out, wherein in an extended state the axle is pulled-out of the housing of the support frame (Figure 2a) and in a retracted state is received by the housing of the support frame (Figure 1); and wherein elements (lateral leg 4 and the housing) of the telescopic pull-out are pushed into one another. The specification does not clearly and explicitly further define a telescopic pull-out as including “wherein the extension in longitudinal direction is reduced in the retracted state” see “a telescopic pull-out can be understood” (Emphasis added) in paragraph [0014] so that for the claims to be commensurate in scope with the argument that the extension of the elements in the longitudinal direction of the elements is reduced in the retracted state such a limitation must be claimed.
Applicants further argue, “Additionally, Applicant respectfully submits that at least Speranza and Walker are non-analogous art.”.
In response to applicant’s argument that Speranza and Walker are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, each of Speranza and Walker are reasonably pertinent to the problem faced by the inventor of releasably fixing a shaft to a receptacle in a pose.
Applicants further argue, “Instead, Neal suggests a different approach in that, instead of the entire heating device being movable relative to the support fame and being fixedly attached to the axle of the telescopic pull-out, only a tube of the hot air blower is movable (“tubular sleeve 33 that is telescopically received”). The air blower 28 of the heating device is firmly connected to the support frame (see Neal, FIG. 2; column 3, lines 6: “An air blower 28 is mounted on bottom frame 16 and it is connected to an air transfer tube 29 having a tubular end 30,” (emphasis added). The element supplied with power and thus the heating device is the air blower 28: “Thermocouple 37 and air blower 28 are electrically connected to a source of electrical power contained in the electrical computer control box of the sheet welder.”). Furthermore, Neal does not directly and unambiguously disclose that the axle is received by the housing of the support frame in a retracted state. To the contrary, Neal at FIG. 2 shows the different approach, namely that an external tube section for the tubular sleeve 33 is provided.”.
This argument is not persuasive wherein the claims are not commensurate in scope with the argument as none of the claims require an air blower (or entire heating device) is arranged to be movable by the telescopic pull-out relative to the support frame wherein Neal teaches a heating device (heater comprising air control box 32, tubular sleeve 33, hot air tube 35, thermocouple 37, hot air shoe 38, and handles 40 and 41) is arranged to be movable by a telescopic pull-out relative to the support frame and including the sleeve (33), i.e. the axle, is received by the tube (29, 30), i.e. the housing, of the support frame in a retracted state as to achieve the extended state “sleeve 33 can be pulled outwardly from air transfer tube 29” see Column 3, lines 21-25.
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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/JOHN L GOFF II/Primary Examiner, Art Unit 1746