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 Interpretation
Examiner notes that present claims 1-10 are drawn to an apparatus. "Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). 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. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (see MPEP 2114). Functional limitations followed by a linking term “for”, “configured to”, “performing”, “carry out” etc. concerns operation of the apparatus. For example, “for receiving a machine screw for removably securing” (claims 1, 7) are functional limitations which do not structurally contribute to the apparatus. Examiner further notes that, “inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” (see MPEP 2115). A recitation with respect to the material intended to be worked upon by a claimed apparatus does not impose any structural limitations upon the claimed apparatus which differentiates it from a prior art apparatus satisfying the structural limitations of that claimed. In this case, planar, metallic or thermoplastic materials (claims 2-3) are workpieces which features do not limit the welding or cutting apparatus.
Regarding claims 1 and 7, limitations “means for melting” (line 4 of claim 1) “means for cutting” (line 3 of claim 7) have been interpreted under 35 U.S.C. 112, sixth paragraph, because it uses a non-structural term “means” coupled with functional language “for melting” or “for cutting” without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier.
Since this claim limitation invokes 35 U.S.C. 112, sixth paragraph, claims 1 and 7 are interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that corresponding structure for recited means appears to be lacking in the description and therefore, means are interpreted to be any structure capable of welding or cutting under broadest reasonable interpretation. If applicant wishes to provide further explanation or dispute the examiner’s interpretation, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If Applicant does not wish to have the claim limitation treated under 35 U.S.C. 112, sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112, sixth paragraph.
For more information, see Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. § 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-10 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.
With respect to claim 1, feature “the neck” (lines 3, 6) should recite “the elongated neck” for proper antecedent basis. Similarly, feature “the rod” (lines 5, 23) should recite “the welding rod” for proper antecedent basis.
With respect to claims 5 and 9, limitation of “the second and third axes (Z—Z, A—A) intersect and are oriented transverse to each other” is ambiguous because it is unclear where axis A-A is located and how are they transverse. According to applicant’s specification, Fig. 4 depicts second and third axes shown below, however, the so-called axis A-A appears to be along any diameter of the disc 22 and it is not transverse (90°) to the Z-axis. As seen in fig. 4, arbitrary axis A-A rather forms an acute angle with the Z-axis. Therefore, recited conflicting language fails to clearly set forth the scope, rendering the claims indefinite.
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For purpose of examination and in accordance with broadest reasonable interpretation consistent with the specification, the claims are taken to mean: the second and third axes intersect each other.
With respect to claim 7, limitation of “an elongated neck (13B) oriented along a first axis (Y-Y)” (lines 1-2) is ambiguous because it appears to be inconsistent. As seen in fig. 1 of specification and previously recited in claim 1, the elongated neck 13A is actually oriented along a first axis (X). It is unclear what is meant by elongated along axis Y-Y? Also, feature “the neck” should recite “the elongated neck” for proper antecedent basis The present conflicting language fails to clearly set forth the scope, rendering the claim indefinite. For purpose of examination and in accordance with broadest reasonable interpretation consistent with the specification, the claims are taken to mean: an elongated neck 13A oriented along a first axis (X)
Appropriate corrections are requested.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Albrecht (US 2020/0238428) in view of Straub (US 3698701).
Regarding clam 1, Albrecht discloses a welding apparatus 10 (MIG welder- see fig. 1, [0018]) including a handle (14), an elongated neck (12) secured to the handle and disposed along a first axis (x-axis), a head (torch tip) spaced from the handle and secured to an end portion of the elongated neck, and a welding rod fed through center (not labeled), wherein the head (torch tip) includes a means for melting an end portion of the rod, an assembly device (100- fig. 2) comprising:
a clamp 110 (body portion) removably secured to the elongate neck via a fastener, wherein the clamp defines an end portion disposed toward a pair of abutting workpieces (not shown) spaced from the neck (fig. 2);
a cylindrical member (141- elongated member) oriented along a second axis (z-axis) and defining a spaced-apart pair of opposite end portions (two ends), wherein one of the cylindrical member end portions is secured to the clamp end portion (figs. 2-3, [0020]);
a mounting shaft (140 – arm portion) having opposite end portions (figs. 2-3, [0026]), wherein one shaft end portion is connected to disc/wheel 150 and other end shaft portion is removably secured to the clamp body (figs. 2-3); and
a circular disc (150- wheel- [0029]) mounted rotatably about a third axis to the other one of the mounting shaft end portions, wherein the first and third axes are spaced apart and parallel (fig. 1), wherein the disc (150) is configured to contact at least one of the workpieces, wherein the rod is oriented such that the melting means causes weld beads to form along a fourth axis (y-axis) and the disc rotatably contacts and travels along one of the workpieces (fig. 1, [0008]).
Albrecht shows a mounting shaft, but does not mention its end portion defining first and second bores. However, such mechanism is known in the art. Analogous to Albrecht, Straub also discloses cutting torch apparatus comprising a wheel guide assembly for positioning and adjustably supporting the torch tip (figs. 1-2; col. 1, lines 50-64). Straub teaches that the guide assembly includes clamp-like adapter 6, wheel mounting shaft 8 and a connecting link 10 (fig. 1), wherein the mounting shaft end top portion defines a first bore (for pin end) and a second bore (for fastener 46) disposed transverse to the first bore, wherein the first bore is dimensioned and configured for rotatably receiving the end 50 of the connecting link member 10, and wherein the second bore is dimensioned and configured for threadedly receiving a fastener 46 for removably securing the mounting shaft 8 to the connecting link member. Straub also shows the wheel 40 contacts and moves along surface B of the workpiece A, as the torch tip C makes cut E along y-axis (fig. 1). Similarly, one would appreciate and understand that wheel 150 in Albrecht would rotatably contact and travel along the workpiece, the head forming weld beads along a fourth axis (y-axis). Accordingly, it would have been obvious to one skilled in the art before the effective filing date of the invention to provide shaft end portion with first and second bores/holes in order to provide necessary connection links for the mounting shaft in Albrecht since such fastening arrangement is within common knowledge of ordinary artisan and doing so would adjustably support the head/torch as taught by Straub.
Thus, Albrecht as modified by Straub discloses the assembly device comprising a clamp removably secured to the elongated neck, a cylindrical member, a mounting shaft with bores/holes and a circular disc/wheel rotatably mounted to the shaft, thereby guiding and positioning the welding torch.
As to claims 2-4, the MIG welding apparatus of Albrecht is configured to join planar workpieces, each made of a metallic material or a thermoplastic material, wherein the welding rod includes a metallic composition or a thermoplastic composition. Examiner points out that type of workpieces or rod material do not structurally limit the welding apparatus (see Claim Interpretation above).
As to claim 5, as best understood given indefinite claim language, Albrecht discloses the second and third axes intersect each other (fig. 2).
As to claim 6, in the combination of Albrecht & Straub, the first axis (x-axis along handle) and fourth axis (y-axis along weld bead or cut E- Straub fig. 1) are spaced apart and oriented transverse to each other.
Regarding claim 7, Albrecht discloses a cutting apparatus 10 (fig. 1, [0002, 0008-0009]) including a handle (14), an elongated neck (12) secured to the handle and oriented along a first axis (x-axis), a head (torch tip) spaced from the handle and secured to an end portion of the elongated neck, wherein the head (torch tip) includes a means for cutting, an assembly device (100- fig. 2) comprising:
a clamp 110 (body portion) removably secured to the elongate neck via a fastener, wherein the clamp defines an end portion disposed toward the workpieces (not shown in figure);
a cylindrical member (141- elongated member) oriented along a second axis (z-axis) and defining a spaced-apart pair of opposite end portions (two ends), wherein one of the cylindrical member end portions is secured to the clamp end portion (figs. 2-3, [0020]);
a mounting shaft (140 – arm portion) having opposite end portions (figs. 2-3, [0026]), wherein one shaft end portion is connected to disc/wheel 150 and other end shaft portion is removably secured to the clamp body (figs. 2-3); and
a circular disc (150- wheel- [0029]) mounted rotatably about a third axis to the other one of the mounting shaft end portions, wherein the first and third axes are spaced apart, wherein the disc (150) is configured to contact at least one of the workpieces, wherein a cutting means cuts the workpiece along a fourth axis as the disc rotatably contacts and travels along one of the workpieces (fig. 1).
Albrecht shows a mounting shaft, but does not mention its end portion defining first and second bores. However, such mechanism is known in the art. Analogous to Albrecht, Straub also discloses cutting torch apparatus comprising a wheel guide assembly for positioning and adjustably supporting the torch tip (figs. 1-2; col. 1, lines 50-64). Straub teaches that the guide assembly includes clamp-like adapter 6, wheel mounting shaft 8 and a connecting link 10 (fig. 1), wherein the mounting shaft end top portion defines a first bore (for pin end) and a second bore (for fastener 46) disposed transverse to the first bore, wherein the first bore is dimensioned and configured for rotatably receiving the end 50 of the connecting link member 10, and wherein the second bore is dimensioned and configured for threadedly receiving a fastener 46 for removably securing the mounting shaft 8 to the connecting link member. Straub also shows the wheel 40 contacts and moves along surface B of the workpiece A, as the torch tip C makes cut E along y-axis (fig. 1). Similarly, one would appreciate and understand that wheel 150 in Albrecht would rotatably contact and travel along the workpiece, the head forming a cut along a fourth axis. Accordingly, it would have been obvious to one skilled in the art before the effective filing date of the invention to provide shaft end portion with first and second bores/holes in order to provide necessary connection links for the mounting shaft in Albrecht since such fastening arrangement is within common knowledge of ordinary artisan and doing so would adjustably support the head/torch as taught by Straub.
Thus, Albrecht as modified by Straub discloses the assembly device comprising a clamp removably secured to the elongated neck, a cylindrical member, a mounting shaft with bores/holes and a circular disc/wheel rotatably mounted to the shaft, thereby guiding and positioning the cutting torch.
As to claim 8, the cutting torch of Albrecht is configured to cut planar workpieces, made of a metallic material or a thermoplastic material. Examiner again notes that type of workpiece material does not structurally limit the cutting apparatus.
As to claim 9, as best understood given indefinite claim language, Albrecht discloses the second and third axes intersect each other (fig. 2).
As to claim 10, in the combination of Albrecht & Straub, the first axis (x-axis along handle) and fourth axis (y-axis along cut E- Straub fig. 1) are spaced apart and oriented transverse to each other.
Information Disclosure Statement
No information disclosure statement (IDS) has been submitted. Applicant is reminded of candor duty to disclose all information material to patentability. See MPEP 2001 and CFR 1.56. The prior art patents cited in the specification [0016, 0024] have been considered and made of record.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVANG R PATEL whose telephone number is (571) 270-3636. The examiner can normally be reached on Monday-Friday 8am-5pm, EST.
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/DEVANG R PATEL/
Primary Examiner, AU 1735