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 .
Information Disclosure Statement
The (2) information disclosure statements (IDS) submitted on 03/17/2025 and 03/21/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement are being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
In claim 11:
The limitation “means for maintaining” in line 4
“means” is the generic placeholder.
“maintaining” is the functional language.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation:
The limitation “means for maintaining” in line 4 of claim 11 has been described in in claim 13 to comprise bristles.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 7 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.
The term “sufficiently” in claim 7 (similarly applying to claim 17) is a relative term which renders the claim indefinite. The term “sufficiently” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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 1-2, 4-5, 8-12, 14-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP’747 (JP 2000271747, published on 10/03/2000)
Regarding Claim 1, JP’747 discloses a component (roller 8 to which a ground wire is connected; para. 0010; fig. 3) for use in wire arc additive manufacturing (WAAM) (it is noted “for use in wire arc additive manufacturing (WAAM)” is a statement of intended use), comprising:
an electrically conductive object (roller body 13; fig. 3) configured to maintain a continuous electrical connection with a printed surface of a part (end face of the face material 1) during a WAAM process (arc welding) (para. 0010; figs. 1-2);
a first connector (shaft 14), electrically connected to the electrically conductive object (roller body 13), configured to receive a connection (ground wire 6) to a power source (para. 0007-0008 and 0012) (It is noted the ground wire 6 is implicitly connected to ground terminal of the power supply); and
a second connector (cylinder rod 12) configured to attach the electrically conductive object (roller body 13) to a printer head (welding torch) that, when in use during the WAAM process, is positioned above the part (face material 1) (para. 0010 and 0012; fig. 1. It is noted to establish the arc to form fillet welding, the cylinder rod 12 and roller body 13 are connected the ground wire 6 that is implicitly connected a ground terminal of the power supply. The welding torch is implicitly connected to the positive terminal of the power supply. Therefore, during welding, the cylinder rod 12 configured to electrically attach the roller body 13 to the welding torches 3a, 3b to form complete electrical circuit such that arc is established between the welding torch and the face material 1. Provided as evidence, Ammann (US 20220314356) discloses an arc welding, in which the torch 10 is electrically connected to positive terminal of the power supply 16 and the baseplate of the workpiece is electrically connected to the negative/ground terminal of the power supply 16, see para. 0016; fig. 1).
Regarding Claim 2, JP’747 discloses the component (roller 8 to which a ground wire is connected; fig. 3), wherein the first connector (shaft 14) is configured to receive a part (connection terminal 17) attached to a return path cable (ground wire 6) (para. 0012).
Regarding Claim 4, JP’747 discloses the component (roller 8 to which a ground wire is connected; fig. 3), wherein the electrically conductive object (roller body 13) is configured to roll over the printed surface (face material 1) during the WAAM process (arc welding) (para. 0012 and 0007; fig. 2).
Regarding Claim 5, JP’747 discloses the component (roller 8 to which a ground wire is connected; fig. 3), wherein the electrically conductive object (roller body 13) is configured to slide over the printed surface (face material 1) during the WAAM process (arc welding) (para. 0012 and 0007; fig. 2).
Regarding Claim 8, JP’747 discloses the component (roller 8 to which a ground wire is connected; fig. 3), further comprising the printer head (welding torch 3), wherein the second connector (cylinder rod 12) is configured to position the electrically conductive object (roller body 13 of roller 8) behind a cooling edge of a weld pool (annotated fig. 2) on the printed surface (face material 1) (para. 0010).
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Regarding Claim 9, JP’747 discloses the component (roller 8 to which a ground wire is connected; fig. 3), further comprising the printer head (welding torch 3), wherein the second connector 9 (cylinder rod 12) is configured to position the electrically conductive object (roller body 13 of roller 8) ahead of a melting edge of a weld pool (annotated fig. 2) on the printed surface (face material 1) (para. 0010).
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Regarding Claim 10, JP’747 discloses the component (roller 8 to which a ground wire is connected; fig. 3), further comprising a motorized element (cylinder 11) that moves the electrically conductive object (roller body 13 of roller 8) in relation to the printer head (welding torch 3) (para. 0012-0013, and 0009-0010) (it is noted the roller 8 is moved by the cylinder 11 that is motorized to position the roller 8 at constant short distance from the welding torch 3).
Regarding Claim 11, JP’747 discloses a system for wire arc additive manufacturing (WAAM) (fig. 2 .it is noted “for wire arc additive manufacturing (WAAM)” is a statement of intended use), comprising:
a printer head (welding torches 3a ,3b) configured to deposit a molten material to form a part (welding fillet) (para. 0010); and
a component (fig. 3) comprising:
means (roller body 13; fig. 3) for maintaining a substantially continuous electrical connection with a printed surface of the part (face material 1) during a WAAM process (arc welding) (para. 0010; figs. 1-2);
a first connector (shaft 14), electrically connected to the maintaining means (roller body 13), configured to receive a connection (ground wire 6) to a power source (para. 0007-0008 and 0012. It is noted the ground wire 6 is implicitly connected to ground terminal of the power supply); and
a second connector (cylinder rod 12) configured to attach the maintaining means (roller body 13) to the printer head (welding torches 3a, 3b) that, when in use during the WAAM process, is positioned above the part (face material 1) (para. 0010 and 0012; fig. 1. It is noted to establish the arc to form fillet welding, the cylinder rod 12 and roller body 13 are connected the ground wire 6 that is implicitly connected a ground terminal of the power supply. The welding torch is implicitly connected to the positive terminal of the power supply. Therefore, during welding, the cylinder rod 12 configured to electrically attach the roller body 13 to the welding torches 3a, 3b to form complete electrical circuit such that arc is established between the welding torch and the face material 1. Provided as evidence, Ammann (US 20220314356) discloses an arc welding, in which the torch 10 is electrically connected to positive terminal of the power supply 16 and the baseplate of the workpiece is electrically connected to the negative/ground terminal of the power supply 16, see para. 0016; fig. 1).
Regarding Claim 12, JP’747 discloses the system (fig. 2), wherein the first connector (shaft 14) is configured to receive a part (connection terminal 17) attached to a return path cable (ground wire 6) (para. 0012).
Regarding Claim 14, JP’747 discloses the system (fig. 2), wherein the electrically conductive object (roller body 13) is configured to roll over the printed surface (face material 1) during the WAAM process (para. 0012 and 0007; fig. 2).
Regarding Claim 15, JP’747 discloses the system (fig. 2), wherein the electrically conductive object (roller body 13) is configured to slide over the printed surface (face material 1) during the WAAM process (para. 0012 and 0007; fig. 2).
Regarding Claim 18, JP’747 discloses the system (fig. 2), wherein the second connector (cylinder rod 12) is configured to position the electrically conductive object (roller body 13 of roller 8) behind a cooling edge of a weld pool (annotated fig. 2) on the printed surface (face material 1) (para. 0010).
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Regarding Claim 19, JP’747 discloses the system (fig. 2), wherein the second connector 9 (cylinder rod 12) is configured to position the electrically conductive object (roller body 13 of roller 8) ahead of a melting edge of a weld pool (annotated fig. 2) on the printed surface (face material 1) (para. 0010).
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Regarding Claim 20, JP’747 discloses the system (fig. 2), wherein the component (fig. 3) further comprising a motorized element (cylinder 11) that moves the electrically conductive object (roller body 13 of roller 8) in relation to the printer head (welding torch 3) (para. 0012-0013, and 0009-0010) (it is noted the roller 8 is moved by the cylinder 11 that is motorized to position the roller 8 at constant short distance from the welding torch 3).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 3, 6-7, 13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over JP’747 (JP 2000271747, published on 10/03/2000) in view of Verhagen (US 20160322743)
Regarding Claim 3, JP’747 does not disclose wherein the electrically conductive object comprises bristles.
However, Verhagen discloses the electrically conductive object (contact layer 105) comprises bristles (bristles 106 made of an electrically conductive material) (para. 0048; figs. 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrically conductive object of JP’747 (i.e. roller body 13) to comprise bristles as taught by Verhagen because the bristles provide at least a conformable contact layer 105 that conforms to the contour of the target surface, such that continuity of the electrical connection between the target surface and electrical ground is ensured (para. 0050 and 0002-0004 of Verhagen).
Regarding Claim 6, JP’747 does not disclose the component further comprising a hinge configured to connect the electrically conductive object and the second connector.
However, Verhagen discloses a conformable contact member 101 comprises a base 102 and a contact layer 105, both of which are conformable to enable the contact member 101 to conform to the contour of the target surface 110 (figs. 1-2) (para. 0048, 0050, and 0053). Verhangen discloses the conformable base 102 includes members that are flexible due to the inclusion of flexure regions such as i.e. hinges (para. 0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the roller 8 of JP’747 to include the hinge as taught by Verhangen that would result in the hinge configured to electrically connect the electrically conductive object 13 and the second connector 12. Doing so would enable the roller 8 to be conformable by the inclusion of the hinge to the targe surface. Doing so would ensure the continuity of the electrical connection between the target surface and electrical ground by means of the conformable roller 8 (para. 0050 and 0002-0004 of Verhagen).
Regarding Claim 7, JP’747 discloses the second connector (cylinder rod 12) allows the electrically conductive object (roller body 13) to move over irregularities in the printed surface (fillet welding in the face material 1) without substantially affecting movement of the printer head (welding torch 3) (para. 0007) (it is noted the cylinder rod 12 allows the roller 8 to move over the face material 1. The movement of roller 8 does not affect the movement of the welding torch 3).
JP’747 does not disclose the second connector is sufficiently flexible.
However, Verhagen discloses a conformable contact member 101 comprises a base 102 and a contact layer 105, both of which are conformable to enable the contact member 101 to conform to the contour of the target surface 110 (figs. 1-2) (para. 0048, 0050, and 0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the roller 8 of JP’747 (i.e. comprising at least 13, 15, 16, 12, 11) to be made of material of that is pliable or bendable rubber, pliable or bendable plastic, to conform to the non-planar target surface to ensure the continuity of the electrical connection between the target surface and electrical ground (para. 0050 and 0002-0004 of Verhagen).
Regarding Claim 13, JP’747 does not disclose wherein the electrically conductive object comprises bristles.
However, Verhagen discloses the electrically conductive object (contact layer 105) comprises bristles (bristles 106 made of an electrically conductive material) (para. 0048; figs. 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrically conductive object of JP’747 (i.e. roller body 13) to comprise bristles as taught by Verhagen because the bristles provide at least a conformable contact layer 105 that conforms to the contour of the target surface, such that continuity of the electrical connection between the target surface and electrical ground is ensured (para. 0050 and 0002-0004 of Verhagen).
Regarding Claim 16, JP’747 does not disclose the component further comprising a hinge configured to connect the electrically conductive object and the second connector.
However, Verhagen discloses a conformable contact member 101 comprises a base 102 and a contact layer 105, both of which are conformable to enable the contact member 101 to conform to the contour of the target surface 110 (figs. 1-2) (para. 0048, 0050, and 0053). Verhangen discloses the conformable base includes members that are flexible due to the inclusion of flexure regions such as i.e. hinges (para. 0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the roller 8 of JP’747 to include the hinge as taught by Verhagen that would result in the hinge of Verhagen configured to electrically connect the electrically conductive object 13 of JP’747 and the second connector 12 of JP’747. Doing so would enable the roller 8 of JP’747 to be conformable by the inclusion of the hinge of Verhagen to the targe surface. Doing so would ensure the continuity of the electrical connection between the target surface and electrical ground by means of the conformable roller 8 (para. 0050 and 0002-0004 of Verhagen).
Regarding Claim 17, JP’747 discloses the second connector (cylinder rod 12) allows the electrically conductive object (roller body 13) to move over irregularities in the printed surface (fillet welding in the face material 1) without substantially affecting movement of the printer head (welding torch 3) (para. 0007) (it is noted the cylinder rod 12 allows the roller 8 to move over the face material 1. The movement of roller 8 does not affect the movement of the welding torch 3).
JP’747 does not disclose the second connector is sufficiently flexible.
However, Verhagen discloses a conformable contact member 101 comprises a base 102 and a contact layer 105, both of which are conformable to enable the contact member 101 to conform to the contour of the target surface 110 (figs. 1-2) (para. 0048, 0050, and 0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the roller 8 of JP’747 (i.e. comprising at least 13, 15, 16, 12, 11) to be made of material of that is pliable or bendable rubber, pliable or bendable plastic, to conform to the non-planar target surface to ensure the continuity of the electrical connection between the target surface and electrical ground (para. 0050 and 0002-0004 of Verhagen).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Ammann (US 20220314356) in view of JP’747 (JP 2000271747, published on 10/03/2000)
Regarding Claim 21, Ammann discloses a method for wire arc additive manufacturing (WAAM) (an additive welding build-up method i.e. WAAM) comprising:
printing a part (electrically conductive component 18) with a printer head (welding torch 10), wherein the part comprises a printed surface (electrically conductive component 18), the printer head deposits a material (weld beads) to form the printed surface (para. 0016);
establishing a return path (ground wire) between the base plate 20 and a power source (power source 16) via a component (ground wire) (para. 0016; fig. 1).
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Ammann does not disclose the method comprising:
establishing a return path between the printed surface and a power source via the component
wherein the component comprises:
an electrically conductive object configured to maintain a continuous electrical connection with the printed surface;
a first connector, electrically connected to the electrically conductive object, configured to receive a connection to the power source; and
a second connector configured to attach the electrically conductive object to the printer head that, when in use during a WAAM process, is positioned above the part; and moving the component along the printed surface.
However, JP’747 discloses the method comprising:
establishing a return path (ground connection) between the printed surface (face material 1) and a power source (power supply) via the component (roller 8) (para. 0003 and 0007-0008. It is noted the ground wire 6 is implicitly connected to the power supply)
wherein the component (roller 8; fig. 3) comprises:
an electrically conductive object (roller body 13; fig. 3) configured to maintain a continuous electrical connection with the printed surface (face material 1) (para. 0010; figs. 1-2);
a first connector (shaft 14), electrically connected to the electrically conductive object (roller body 13), configured to receive a connection (ground wire 6) to the power source (power supply) (para. 0007-0008 and 0012) (It is noted the ground wire 6 is implicitly connected to ground terminal of the power supply; and
a second connector (cylinder rod 12) configured to attach the electrically conductive object (roller body 13) to the printer head (welding torch 3) that, when in use during a WAAM process, is positioned above the part (face material 1) (para. 0010 and 0012. It is noted to establish the arc to form fillet welding, the cylinder rod 12 and roller body 13 are connected the ground wire 6 that is implicitly connected a ground terminal of the power supply. The welding torch is implicitly connected to the positive terminal of the power supply. Therefore, during welding, the cylinder rod 12 configured to electrically attach the roller body 13 to the welding torches 3a, 3b to form complete electrical circuit such that arc is established between the welding torch and the face material 1. Provided as evidence, Ammann (US 20220314356) discloses an arc welding, in which the torch 10 is electrically connected to positive terminal of the power supply 16 and the baseplate of the workpiece is electrically connected to the negative/ground terminal of the power supply 16, see para. 0016; fig. 1); and
moving the component (roller 8) along the printed surface (face material 1) (para. 0009).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the component of Ammann (i.e. ground wire) to comprise the structures as set forth above such that the component configured to provide ground path is movable along the printed surface (i.e. component 18 of Ammann), in order to keep the distance between the welding point and the ground supply point at constant short distance in relation to the welding torch, thereby stabilize the arc during welding (para. 0009 and 0005 of JP’747).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IBRAHIME ABRAHAM can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/ Supervisory Patent Examiner, Art Unit 3761
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