DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-10 and 13-18 in the reply filed on 12/17/2025 is acknowledged. The traversal is on the ground(s) that the claims are structured to achieve three connections. This is not found persuasive because the intended use and manner of operation can be used to describe the device. Even if the claims recite the intended use or manner of operation, the device is not limited to the specific intended use and manner of operation, and the device can be used for other purposes and in other manners.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-12 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/17/2025.
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 14-16 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.
Claims 14-16 each recite “the movable joining apparatus according to claim 13.” Claim 13 recites “a movable welding apparatus.” There is a lack of antecedent basis for “the movable joining apparatus,” and is recommended using the same terminology for claim features in order to clearly refer back to the same feature.
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.
Claims 1, 8, 9, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hill [US3523176].
Hill discloses a device for thermal joining of respective two material sheets over a strip-shaped connecting piece lying areally on a bottom side, wherein the material sheets are arranged with a respective side surface facing one another abutting against each other at least partially with a respective bottom side lying areally on a top side of the connecting piece (it is noted the described manner of thermal joining is considered to be the intended use of the device, and the material sheets and connecting piece are considered to be material worked upon, the device of Hill is capable of operating in the manner recited and capable of working with the material described).
Hill discloses the device comprises a base body (40) with a front edge (50), a rear edge (52) opposite the front edge and two opposite longitudinal edges (shown as edges between 50 and 52), wherein a top surface side (48) and a bottom surface side (46) opposite the top surface side of the base body respectively extend between the front edge and the rear edge as well as between the two longitudinal edges, wherein the top surface side, the bottom surface side, the front edge, the rear edge and the two longitudinal edges entirely border a volume of the base body (Figures 1, 2, 7; columns 3 and 4), wherein the device is configured to be guided with the base body between the top side of the connecting piece and the bottom sides of the material sheets with the top surface side facing towards the bottom sides of the material sheets and the bottom surface side facing towards the top side of the connecting piece and can be passed (Figure 1, 2, 7; columns 3 and 4), wherein the base body is configured to guide the material sheets at least in areas of their respective bottom sides adjacent to their side surfaces from the front edge to the rear edge over the top surface side such that the material sheets are guided starting from the front edge over at least a quarter of a maximum extension of the base body between the front edge and the rear edge with their respective side surfaces facing one another separated from one another (Figures 1, 2, 7; columns 3 and 4), and wherein the device is configured to simultaneously heat at least partially the bottom side of the material sheets, the top side of the connecting piece and the respective side surface of the material sheets facing one another so as to produce respectively between each of the two material sheets and the connecting piece as well as between the material sheets parallel connections (Figures 1, 2, 7; columns 3 and 4).
With respect to claim 8, Hill discloses the device is configured as an electrically heated contact heating device (column 4, lines 28-36).
With respect to claim 9, Hill discloses the device is at least partially configured as a directly electrically heated heating plate or the device is at least partially configured as a solid block of material made of a thermally conductive material comprising at least one receptacle for at least one electrical heating element (columns 3 and 4).
With respect to claim 17, Hill discloses the base body is configured to guide the material sheets at least in areas of their respective bottom sides adjacent to their side surfaces from the front edge to the rear edge over the top surface side such that the material sheets are guided starting from the front edge over at least a half of the maximum extension of the base body between the front edge and the rear edge with their respective side surfaces facing one another separated from one another (the claimed structure is shown in Figure 1 and 7).
With respect to claim 18, Hill discloses the base body is configured to guide the material sheets at least in areas of their respective bottom sides adjacent to their side surfaces from the front edge to the rear edge over the top surface side such that the material sheets are guided starting from the front edge over at least two-thirds of the maximum extension of the base body between the front edge and the rear edge with their respective side surfaces facing one another separated from one another (the claimed structure is shown in Figure 1 and 7).
Claims 1-7, 17 and 18 are are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sinclair [USD294362].
Sinclair discloses a device for thermal joining of respective two material sheets over a strip-shaped connecting piece lying areally on a bottom side, wherein the material sheets are arranged with a respective side surface facing one another abutting against each other at least partially with a respective bottom side lying areally on a top side of the connecting piece (it is noted the described manner of thermal joining is considered to be the intended use of the device, and the material sheets and connecting piece are considered to be material worked upon, the device of Sinclair is capable of operating in the manner recited and capable of working with the material described).
Sinclair discloses the device comprises a base body (shown in perspective view in Figure 1) with a front edge (right most edge in Figures 2 and 6), a rear edge (left most edge in Figures 2 and 6) opposite the front edge and two opposite longitudinal edges (shown as the topmost and bottom most edges in Figure 6), wherein a top surface side (seen from above in Figure 6) and a bottom surface side (seen from below in Figure 5) opposite the top surface side of the base body respectively extend between the front edge and the rear edge as well as between the two longitudinal edges, wherein the top surface side, the bottom surface side, the front edge, the rear edge and the two longitudinal edges entirely border a volume of the base body (Figures 1-6), wherein the device is configured to be guided with the base body between the top side of the connecting piece and the bottom sides of the material sheets with the top surface side facing towards the bottom sides of the material sheets and the bottom surface side facing towards the top side of the connecting piece and can be passed (the structure shown in Figures 1-6 is configured to operate in the manner described), wherein the base body is configured to guide the material sheets at least in areas of their respective bottom sides adjacent to their side surfaces from the front edge to the rear edge over the top surface side such that the material sheets are guided starting from the front edge over at least a quarter of a maximum extension of the base body between the front edge and the rear edge with their respective side surfaces facing one another separated from one another (the structure shown in Figures 1-6 is configured to operate in the manner described), and wherein the device is configured to simultaneously heat at least partially the bottom side of the material sheets, the top side of the connecting piece and the respective side surface of the material sheets facing one another so as to produce respectively between each of the two material sheets and the connecting piece as well as between the material sheets parallel connections (the structure shown in Figures 1-6 is configured to operate in the manner described).
With respect to claim 2, Sinclair discloses the base body is configured as a hollow body and comprises at least one opening for outlet of hot air from the hollow body at the rear edge of the base body into a space between the rear edge of the base body, the top side of the connecting piece and the bottom sides of the material sheets (Figures 1 and 6 show a look into the hollow body, and Figure 4 shows the body from the rear where an opening is seen at the rear edge).
With respect to claim 3, Sinclair discloses the top surface side and the bottom surface side comprises at least one opening for outlet of hot air from the base body (Figure 1 shows openings in the top side, Figure 6 shows the openings form the top side, Figure 5 shows the openings from the bottom side).
With respect to claim 4, Sinclair discloses a fin protrudes from the top surface side of the base body, wherein the fin extends parallel to the maximum extension of the base body at least partially between the front edge and the rear edge, and wherein hot air can be introduced into the base body through the fin from an end of the fin facing away from the top surface side (Figure 1 shows a fin protruding from the top side located between the welds in the central portion of the body; Figure 2 shows a side view of the fin extending up from the top side).
With respect to claim 5, Sinclair discloses the top surface side of the base body is configured to guide the material sheets past the fin such that thermal contact with a side edge of a material sheet at a transition between the respective bottom side to the respective side surface of the material sheets along an extension of the fin between the front edge and the rear edge is established on at least one of only on a second half, and/or only on a last third, and/or only on a last quarter of an extension of the fin between the front edge and the rear edge of the base body (the claimed structure is shown in Figure 1 and 2).
With respect to claim 6, Sinclair discloses a shaft tube is connected to the end of the fin, which is configured for guiding an air flow to the end of the fin and at the same time for fixing to a hot air device in a region of the hot air device for the outlet of the hot air flow to be generated by the hot air device (shown in Figure 1).
With respect to claim 7, Sinclair discloses the bottom surface side of the base body is concave (Figure 3 shows a concave arch in the bottom surface).
With respect to claim 17, Sinclair discloses the base body is configured to guide the material sheets at least in areas of their respective bottom sides adjacent to their side surfaces from the front edge to the rear edge over the top surface side such that the material sheets are guided starting from the front edge over at least a half of the maximum extension of the base body between the front edge and the rear edge with their respective side surfaces facing one another separated from one another (the claimed structure is shown in Figure 1 and 2).
With respect to claim 18, Sinclair discloses the base body is configured to guide the material sheets at least in areas of their respective bottom sides adjacent to their side surfaces from the front edge to the rear edge over the top surface side such that the material sheets are guided starting from the front edge over at least two-thirds of the maximum extension of the base body between the front edge and the rear edge with their respective side surfaces facing one another separated from one another (the claimed structure is shown in Figure 1 and 2).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over either one of Hill or Sinclair, and further in view of Hoopengardner [US5384001].
Both Hill and Sinclair each disclose a device. Applicant is referred to paragraph 7 for a detailed discussion of Hill, and to paragraph 7 for a detailed discussion of Sinclair. Both Hill and Sinclair disclose a top surface side but neither disclose at least two guiding profiles protruding outward from the top surface side.
Hoopengardner discloses a device including a base body with a top surface and at least two guiding profiles (30) protruding outwards from the top surface side of the base body, wherein the guiding profiles extend at least partially between the front edge and the rear edge over the first top surface side, and wherein the guiding profiles (30) are configured to guide the material sheets for the at least one quarter of the maximum extension of the base body between the front edge and the rear edge with their respective side surfaces separated from one another over the top surface side and to bring the material sheets towards the rear edge into contact with the side surfaces abutting against each other (Figure 1; column 5, line 57-column 6, line 9).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of either one Hill or Sinclair to include two guiding profiles as taught by Hoopengardner in order improve operation of the device by ensuring the iron remains centered and the edges are guided in a predictable path and joined properly with no separation or overlap.
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sinclair in view of Ellenberger et al. [US4744855, “Ellenberger”].
Sinclair disclose a device. Applicant is referred to paragraph 8 for a detailed discussion of Sinclair. Sinclair discloses the device of claim 1 capable of thermal joining of respective two material sheets over a strip-shaped connecting piece lying areally on a bottom side, wherein the material sheets are arranged with a respective side surface facing one another abutting against each another at least partially with a bottom side lying areally on a top side of the connecting piece (see discussion of claim 1 above).
Sinclair does not disclose at least a support frame and chassis formed by at least one pressure roller and one traveling roller.
Ellenberger discloses a welding apparatus for welding webs. Ellenberger discloses the welding apparatus comprises at least a support frame (frame 3) and a chassis (undercarriage 1) formed by at least one pressure roller (14) and one traveling roller (17) arranged on the support frame, wherein the traveling roller (17) is arranged on the support frame (3) in a front region of the support frame and the pressure roller (14) is arranged in a rear region of the support frame (3) with respect to a travel direction of the joining apparatus along the side surfaces of the material sheets upon joining the material sheets (Figures 1, 2; column 3, lines 14-36). Ellenberger discloses a welding device (2) is positioned on the undercarriage (1).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the apparatus of Sinclair by mounting the device Sinclair on a welding apparatus with a frame, chassis, traveling roller and pressure roller as taught by Ellenberger in order to improve the mobility and functionality of the device.
With respect to claim 14, Ellenberger discloses the device is configured to be adjustable in height relative to the chassis (column 2, lines 37-48).
With respect to claim 15, Ellenberger discloses the joining apparatus comprises at least one guide aid (guide roller 21) arranged in front the device in the travel direction of the joining apparatus for visually indicating the position of the side surfaces of the material sheets facing one another and abutting against each other (column 3, lines 55-61).
With respect to claim 16, Ellenberger discloses the joining apparatus comprises at least one guide aid (guide roller 21) arranged in front the device in the travel direction of the joining apparatus for visually indicating the position of the side surfaces of the material sheets facing one another and abutting against each other (column 3, lines 55-61).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
January 10, 2026