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
Claims 1-7 and 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected consumable stack and method respectively, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/15/2026. Claims 12-20 are examined herein.
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.
Claims 14, 15, and 16 are 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.
Regarding claim 14, the recitation of “wherein the radial thickness corresponding to a particular portion of the sidewall is based on a desired localized thermal mass for the particular portion of the sidewall” lacks written description as Applicant has not provided a description in the original disclosure which particularly points out what a desired localized thermal mass are considered to be because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of having a desired radial thickness to create a desired localized thermal mass and to clearly link the structure, material, or acts to the function for all claimed structures and various claimed structures therefore, one of ordinary skill in the art would not find evidence applicant had possession of the invention.
Regarding claim 15, the recitation of “wherein the desired localized thermal mass corresponds to a desired amount of heat to be absorbed at the particular portion of the sidewall during the arc processing operation” lacks written description as Applicant has not provided a description in the original disclosure which particularly points out what a desired localized thermal mass are considered to be because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of having a desired radial thickness to create a desired localized thermal mass and therefore the desired amount of heat to be absorbed and to clearly link the structure, material, or acts to the function for all claimed structures and various claimed structures therefore, one of ordinary skill in the art would not find evidence applicant had possession of the invention.
Regarding claim 16, the recitation of “wherein the desired thermal mass is based on a desired amount of heat to be absorbed and dissipated during the arc processing operation” lacks written description as Applicant has not provided a description in the original disclosure which particularly points out what a desired localized thermal mass are considered to be because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of having a desired radial thickness to create a desired localized thermal mass and therefore the desired amount of heat to be absorbed and dissipated and to clearly link the structure, material, or acts to the function for all claimed structures and various claimed structures therefore, one of ordinary skill in the art would not find evidence applicant had possession of the invention.
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, 15, and 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.
Regarding claim 14, the recitation of “wherein the radial thickness corresponding to a particular portion of the sidewall is based on a desired localized thermal mass for the particular portion of the sidewall” is unclear because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of having a desired radial thickness to create a desired localized thermal mass and to clearly link the structure, material, or acts to the function for all claimed structures and various claimed structures therefore, one of ordinary skill in the art would not find evidence applicant had possession of the invention.
Regarding claim 15, the recitation of “wherein the desired localized thermal mass corresponds to a desired amount of heat to be absorbed at the particular portion of the sidewall during the arc processing operation” is unclear because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of having a desired radial thickness to create a desired localized thermal mass and therefore the desired amount of heat to be absorbed and to clearly link the structure, material, or acts to the function for all claimed structures and various claimed structures therefore, one of ordinary skill in the art would not find evidence applicant had possession of the invention.
Regarding claim 16, the recitation of “wherein the desired thermal mass is based on a desired amount of heat to be absorbed and dissipated during the arc processing operation” is unclear because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of having a desired radial thickness to create a desired localized thermal mass and therefore the desired amount of heat to be absorbed and dissipated and to clearly link the structure, material, or acts to the function for all claimed structures and various claimed structures therefore, one of ordinary skill in the art would not find evidence applicant had possession of the invention.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20090057276A1 Hussary.
Regarding claim 12,
Hussary teaches, except where they are struck through,
A shield assembly (for an arc processing torch (plasma arc torch 20), the shield assembly comprising:
a shield club (shield device 30) with a sidewall (walls of outer shield member 42) extending from a proximal end to a distal end (fig. 1),
the sidewall defining a proximal opening at the proximal end (see annotated fig. 1 below),
a distal opening at the distal end (see annotated fig. 1 below), and a cavity (fig. 1 the space configured to receive inner shield member 32, tip 24, and electrode 22) for receiving one or more consumables (the space configured to receive inner shield member 32, tip 24 receives electrode 22),
and a deflector ring (cap 50) coupled to the proximal end of the sidewall (fig. 1 shows the interface between cap 50 and outer shield member 42 at annular shoulder 52, par. 28),
wherein the deflector ring is configured to deflect spatter from an arc processing operation (cap 50 is the most external component to plasma arc torch 20 and is therefore configured to deflect spatter).
Hussary discloses the claimed invention except for a radial thickness of the sidewall is based on a desired thermal mass. It would have been obvious to one having ordinary skill in the art at the time the invention was made to design a thickness of outer shield 42, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to make outer shield 42 thicker or thinner for the purpose of controlling thermal conductivity.
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Regarding claim 13,
Hussary teaches,
The shield assembly of claim 12 (as discussed above),
wherein the radial thickness of the sidewall varies from the proximal end to the distal end.
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Regarding claim 14,
Hussary teaches,
The shield assembly of claim 13 (as discussed above),
Hussary and discloses the claimed invention except for wherein the radial thickness corresponding to a particular portion of the sidewall is based on a desired localized thermal mass for the particular portion of the sidewall. It would have been obvious to one having ordinary skill in the art at the time the invention was made to design a thickness of outer shield 42 to a desired thickness, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to make outer shield 42 thicker or thinner for the purpose of controlling thermal conductivity.
Regarding claim 15,
Hussary teaches,
The shield assembly of claim 14 (as discussed above),
Hussary and discloses the claimed invention except for wherein the desired localized thermal mass corresponds to a desired amount of heat to be absorbed at the particular portion of the sidewall during the arc processing operation. It would have been obvious to one having ordinary skill in the art at the time the invention was made to design a thickness of outer shield 42 to a desired thickness, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to make outer shield 42 thicker or thinner for the purpose of controlling thermal conductivity and therefore the heat absorbed by the material.
Regarding claim 16,
Hussary teaches,
The shield assembly of claim 12 (as discussed above),
Hussary and discloses the claimed invention except for wherein the desired thermal mass is based on a desired amount of heat to be absorbed and dissipated during the arc processing operation. It would have been obvious to one having ordinary skill in the art at the time the invention was made to design a thickness of outer shield 42 to a desired thickness, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to make outer shield 42 thicker or thinner for the purpose of controlling thermal conductivity and therefore controlling the heat absorbed and dissipated.
Regarding claim 17,
Hussary teaches,
The shield assembly of claim 12 (as discussed above),
wherein the sidewall is configured to protect the one or more consumables and/or torch head from the spatter and heat from the arc processing operation (outer shield 42 is an external component to plasma arc torch 20 and is therefore configured to protect tip 24 and electrode 22 because 24 and 22 are contained within outer shield 42).
Regarding claim 18,
Hussary teaches,
The shield assembly of claim 12 (as discussed above),
further comprising a shield cup (inner shield member 32) and a shield (auxiliary gas distributer 74), the shield cup being disposed between the shield club and the shield (fig. 1 teaches the disclosed arrangement) and being configured to mount the shield to a torch head (electrode 22 and tip 24, fig. 1 teaches the arrangement of inner shield member 32, auxiliary gas distributer 74 and electrode 22 being mounted together).
Regarding claim 19,
Hussary teaches,
The shield assembly of claim 18 (as discussed above),
wherein a radial gap (auxiliary gap 34) between the shield cup and the shield club defines a cooling channel for receiving a flow of cooling fluid (fig. 2).
Regarding claim 20,
Hussary teaches,
The shield assembly of claim 18 (as discussed above),
wherein a distal end of the shield cup engages a proximal end of the shield, and a proximal end of the shield cup engages the torch head (figs. 1 and 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM M ECKARDT whose telephone number is (313)446-6609. The examiner can normally be reached 6 a.m to 2:00 p.m EST Monday to Friday.
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ADAM MICHAEL. ECKARDT
Assistant Examiner
Art Unit 3761
/ADAM M ECKARDT/Examiner, Art Unit 3761
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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