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 Objections
Claims 1-10 are objected to because of the following informalities:
in claim 1, line 7 before “controller” insert - - the - - for form;
in claim 2, line 2 before “controller” insert - - the - - for form; and
in claim 2, line 3 delete “present the” and insert therein - - present in the - - for form. Appropriate correction is required.
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 2-4 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 2 recites the limitation “wherein the controller upon receipt of the signal from the first tube detector that the first tube section is present in the tube holder is configured to start the tube-joining operation”. The limitation is unclear and confusing as in claim 1 “the controller is configured to automatically start a tube-joining operation to join the two flexible tube sections” not when the first tube section is present in the tube holder but “upon receipt by controller of a signal indicative of the tube-joining device being in the clamped configuration”, i.e. the first tube section is present and clamped by the tube holder. It is suggested to insert - - and the signal indicative of the tube-joining device being in the clamped configuration - - after “wherein the controller upon receipt of the signal from the first tube detector that the first tube section is present in the tube holder” to overcome this rejection. This is the interpretation given the limitation for purposes of examination.
Claim 3 recites the limitation “wherein the controller upon receipt of the signal from the second tube detector that the second tube section is present in the tube holder is configured to start the tube-joining operation”. The limitation is unclear and confusing as in claim 1 “the controller is configured to automatically start a tube-joining operation to join the two flexible tube sections” not when the second tube section is present in the tube holder but “upon receipt by controller of a signal indicative of the tube-joining device being in the clamped configuration”. It is suggested to insert - - and the signal indicative of the tube-joining device being in the clamped configuration - - after “wherein the controller upon receipt of the signal from the second tube detector that the second tube section is present in the tube holder” to overcome this rejection. This is the interpretation given the limitation for purposes of examination.
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.
Claims 1-5, 7-9, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kokubu et al. (WO 2020/262192 and see also the machine translation).
Regarding claim 1, Kokubu discloses a tube-joining device capable of for joining two flexible tube sections (F2, T2 and note the claims are directed to an apparatus wherein the two flexible tube sections are the materials or articles worked upon by the apparatus see further MPEP 2115), the device 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 controller (control unit 90); a tube holder (clamp portion 20) configured to hold the flexible tube sections in place for joining, the tube holder having a clamped configuration (see Figure 11) wherein any flexible tube sections held in the tube holder are clamped; and wherein upon receipt by the controller of a signal (detection that lid 22 of the clamp portion is closed sent from open/close detection unit 26, an element of the tube-joining device) indicative of the tube-joining device being in the clamped configuration, the controller is configured to automatically (i.e. in the absence of input from an operator) start a tube-joining operation to join the two flexible tube sections (“When the open / close detection unit 26 detects that the lid portion 22 is closed, the control unit 90 starts the fusing-joining operation”) (Figures 1, 2, 7-11, 14, and 17-24 and pages 4, 5, and 9-11 of the machine translation).
Regarding claim 2, the tube holder taught by Kokubu further comprises a first tube detector (first tube detection unit 24 see Figures 8 and 9) in communication with the controller that is configured to generate a signal indicative of whether a first tube section is present in the tube holder; and wherein the controller upon receipt of the signal from the first tube detector that the first tube section is present in the tube holder and the signal indicative of the tube-joining device being in the clamped configuration (step ST1) is configured to start the tube-joining operation (“First, the control unit 90 confirms whether the tubes T2 and F2 are set in the first holding unit 231 by the tube detecting unit 24 with the lid portion 22 closed as shown in Figure 16 (ST1).”).
Regarding claim 3, the tube holder taught by Kokubu comprises a second tube detector (second tube detection unit 24 see Figures 8 and 9) in communication with the controller that is configured to generate a signal indicative of whether a second tube section is present in the tube holder; and wherein the controller upon receipt of the signal from the second tube detector that the second tube section is present in the tube holder and the signal indicative of the tube-joining device being in the clamped configuration (step ST1) is configured to start the tube-joining operation (“First, the control unit 90 confirms whether the tubes T2 and F2 are set in the first holding unit 231 by the tube detecting unit 24 with the lid portion 22 closed as shown in Figure 16 (ST1).”).
Regarding claim 4, the first and second tube detectors taught by Kokubu are located proximate the tube holder (see Figures 8 and 9) such that, after the tube-joining operation, each of the first and second tube detectors are configured to generate a signal indicative of a presence and then absence of a joined tube (“When the tube detection unit 24 detects the removal of the tubes F2 and T2 from the clamp unit 20 after the joining is completed, the control unit 90 operates the transition unit 27 so that the clamp unit 20 restores from the bonding state to the initial state”).
Regarding claim 5, Kokubu teaches a blade (wafer WF corresponding to cutting members) that is configured to cut the flexible tube sections; and a heat source (built-in heater) in communication with the controller, wherein the heat source is configured to heat the blade up to a tube-joining temperature based on an instruction received from the controller (“When the wafer WF sent to the fusing preparation position can be used (ST6: YES), the control unit 90 starts controlling the fusing work by the wafer WF” and including “Then, the wafer WF at the fusing preparation position is heated by the built-in heater (ST8).”).
Regarding claim 7, the tube holder taught by Kokubu is configured to be in a start configuration (initial position/state P1) before executing a tube-joining operation (Figures 17-19), and wherein the tube holder is configured to be in a finish configuration (P2 joining position/state) after executing the tube-joining operation (Figures 20-21); wherein the tube-joining device comprises a first tube detector (first tube detection unit 24 see Figures 8 and 9) in communication with the controller that is configured to generate a signal indicative of whether a first tube section is present in the tube holder; and wherein the controller is configured to instruct a motorized mechanism (motors of the straight drive unit 29 and rotation drive unit 28) to return the tube holder from the finish configuration to the start configuration when the first tube detector generates a signal indicative of the first tube section not being present (“When the tube detection unit 24 detects the removal of the tubes F2 and T2 from the clamp unit 20 after the joining is completed, the control unit 90 operates the transition unit 27 so that the clamp unit 20 restores from the bonding state to the initial state. Control. Specifically, when the tube detection unit 24 detects the removal of the tubes F2 and T2 from the clamp unit 20 after the joining is completed, the control unit 90 advances straight through the transition unit 27 based on the signal from the position detection unit 294. The operation of the drive unit 29 is controlled, and the movable clamp unit 272 is moved from the joint position P2 (see FIG. 21) to the initial position P1 (see FIG. 22).” and “When the tubes F2 and T2 are removed from the first holding unit 231 (ST11: YES), the control unit 90 notifies the notification unit 70 of how to handle the removed tubes F2 and T2, and operates the transition unit 27. To restore the clamp portion 20 from the joined state to the initial state (ST13). Specifically, as shown in FIG. 22, the straight drive unit 29 of the transition unit 27 separates the movable clamp unit 272 from the fixed clamp unit 271 and restores the movable clamp unit 272 from the joint position P2 to the initial position P1.” and “According to the tube joining device 1, when the removal of the tubes F2 and T2 from the clamp portion 20 is detected after the joining is completed, the clamp portion 20 is restored from the joined state to the initial state.”).
Regarding claim 8, the tube holder taught by Kokubu is configured to be in the clamped configuration by a manual operation (“Next, the user performs an operation of closing the lid portion 22 (an operation of bringing the lid portion 22 relatively close to the housing 10).”).
Regarding claim 9, the tube holder taught by Kokubu comprises a clamp (clamp portion 20), and the manual operation includes closing the clamp (see Figures 10 to 11).
Regarding claim 11, Kokubu discloses a tube-joining device capable of for joining two flexible tube sections, the device comprising: a controller (control unit 90); a tube holder (clamp portion 20) configured to hold the flexible tube sections in place for joining, wherein the tube holder is configured to be in a start configuration (initial position/state P1) before executing a tube-joining operation (Figures 17-19), and wherein the tube holder is configured to be in a finish configuration (P2 joining position/state) after executing the tube-joining operation (Figures 20-21); and a first tube detector (first tube detection unit 24 see Figures 8 and 9) in communication with the controller, the first tube detector being configured to generate a signal indicative of whether a first tube section is present in the tube holder; wherein the controller is configured to generate an instruction to return the tube holder from the finish configuration to the start configuration when the first tube detector generates a signal indicative of the first tube section not being present (“When the tube detection unit 24 detects the removal of the tubes F2 and T2 from the clamp unit 20 after the joining is completed, the control unit 90 operates the transition unit 27 so that the clamp unit 20 restores from the bonding state to the initial state. Control. Specifically, when the tube detection unit 24 detects the removal of the tubes F2 and T2 from the clamp unit 20 after the joining is completed, the control unit 90 advances straight through the transition unit 27 based on the signal from the position detection unit 294. The operation of the drive unit 29 is controlled, and the movable clamp unit 272 is moved from the joint position P2 (see FIG. 21) to the initial position P1 (see FIG. 22).” and “When the tubes F2 and T2 are removed from the first holding unit 231 (ST11: YES), the control unit 90 notifies the notification unit 70 of how to handle the removed tubes F2 and T2, and operates the transition unit 27. To restore the clamp portion 20 from the joined state to the initial state (ST13). Specifically, as shown in FIG. 22, the straight drive unit 29 of the transition unit 27 separates the movable clamp unit 272 from the fixed clamp unit 271 and restores the movable clamp unit 272 from the joint position P2 to the initial position P1.” and “According to the tube joining device 1, when the removal of the tubes F2 and T2 from the clamp portion 20 is detected after the joining is completed, the clamp portion 20 is restored from the joined state to the initial state.”).
Regarding claim 12, Kokubu teaches a blade (wafer WF corresponding to cutting members) capable of for cutting the tube sections; and a heat source (built-in heater) in communication with the controller that is configured to heat the blade; wherein the tube holder has a clamped configuration whereby any flexible tube sections held in the tube holder are clamped (see Figure 11), and a non-clamped configuration whereby any flexible tube sections held in the tube holder are not clamped (see Figure 10); and wherein the controller is configured to instruct the heat source (at step ST8) to automatically (i.e. in the absence of input from an operator) begin heating the blade to a tube-joining temperature upon receipt of a set of signals including a signal (generated by open/close detection unit 26, an element of the tube-joining device) that the tube holder has changed from the non-clamped configuration to the clamped configuration (“When the open / close detection unit 26 detects that the lid portion 22 is closed, the control unit 90 starts the fusing-joining operation” including “the control unit 90 starts controlling the fusing work by the wafer WF” by “Then, the wafer WF at the fusing preparation position is heated by the built-in heater (ST8).”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kokubu in view of Koh et al. (WO 2021/188049).
Kokubu is described above in full detail.
Regarding claim 6, Kokubu teaches the heat source is configured to heat the blade up to a tube-joining temperature based on an instruction received from the controller (see as set forth above in Kokubu), and then the blade is moved to the fusing position and fusing is performed at the next step (ST9). Kokubu does not expressly teach a temperature monitor. It is well understood by one of ordinary skill in the art temperature control of the blade/wafer (95) is crucial and includes a heat source (heating elements 611) is configured to heat the blade up to a tube-joining temperature based on an instruction received from the controller (electrical control circuit board 17) wherein a temperature monitor (wafer temperature sensor 62) is in communication with the controller and configured to generate a signal indicative of a temperature of the blade; and wherein the controller is configured to prevent the tube-joining device from starting the tube-joining operation until receiving the signal indicative of the temperature of the blade from the temperature monitor that the temperature of the blade is at the tube-joining temperature (“When the wafer 95 is heated to a sufficient working temperature as determined by the wafer temperature sensor 62, the motor 27 is activated by the electrical control circuit board 17 to drive the carriage 30 and wafer 95 in the forward longitudinal direction 11 from the heating position sensor 442 to the cutting position, to begin the cutting and welding process.”) as taught by Koh (Figures 1A, 1B, 2A, 2B, and 6A-6C and Page 1, lines 25-27 and Page 9, lines 9-19 and Page 16, lines 15-25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the tube joining device taught by Kokubu includes the heat source is configured to heat the blade up to a tube-joining temperature based on an instruction received from the controller wherein a temperature monitor is in communication with the controller and configured to generate a signal indicative of a temperature of the blade; and wherein the controller is configured to prevent the tube-joining device from starting the tube-joining operation (moving to the next step ST9) until receiving the signal indicative of the temperature of the blade from the temperature monitor that the temperature of the blade is at the tube-joining temperature for crucial temperature control of the blade as taught by Koh.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kokubu in view of Yamada et al. (U.S. Patent 6,026,882).
Kokubu is described above in full detail.
Regarding claim 10, as noted above Kokubu teaches the tube holder is configured to be in the clamped configuration by a manual operation (of moving a movable clamp to a fixed clamp). Kokubu does not teach away from a non-manual operation wherein it is known in the same art following a user inserting the two flexible tube sections into the tube holder including a fixed clamp (21, 41) and a movable clamp (31, 51) and turning the device on the controller (control unit 95) is configured to instruct a motorized mechanism (motors 73 and 76) to move the tube holder to be in the clamped configuration automatically (i.e. without the user moving the tube holder to be in the clamped configuration) after the controller has received a signal (power signal) that flexible tube sections are located in the tube holder to lessen the burden on the user than when the tube holder is configured to be in the clamped configuration by a manual operation as taught by Yamada (Figures 6-9 and Column 4, lines 39-48 and Column 6, lines 1-14 and Column 8, lines 4-15 and 40-55 and Column 9, lines 1-15 and Column 10, lines 32-42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the controller taught by Kokubu is configured to instruct a motorized mechanism to move the tube holder to be in the clamped configuration automatically after a user inserts the two flexible tube sections into the tube holder (thereby depressing the tube detectors) and the device turned on (and including wherein the controller has then received a signal from the tube detectors/an element of the tube-joining device and/or power signal indicative that flexible tube sections are located in the tube holder) to lessen the burden on the user than when the tube holder is configured to be in the clamped configuration by a manual operation as taught by Yamada.
Conclusion
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746