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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “slide”, in claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-4, 10-11, 13-15, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Artelsmair et al (US 2007/0151964).
Artelsmair discloses, regarding claim 1, a welding wire supply system (27) having a first wire feeder (wire feeder 52) and a wire guide for guiding the welding wire (wire guide is shown guiding the wire 13 to the automated welding system, See Fig 2 and Paragraph [0035]) to an automated welding system with a second wire feeder and a welding torch (second wire feeder 53 and torch 10, See Paragraph [0053]), the wire guide including a wire buffer arranged downstream of the first wire feeder (buffer 40 is shown as being arranged downstream of first wire feeder 52), the wire buffer being adapted for receiving an additional length of welding wire in the path of the wire guide. (Wire buffer 40 is capable of storing extra wire by increasing the radius of the arc. See Paragraph [0032]) Regarding claim 2, Fig 4 shows two wire guide elements 51 and a receiving space. Regarding claim 3, Paragraph [0034] describes arranging limit elements at a maximum deflection or minimum deflection, meaning there must be a pivot point for allowing the change. Regarding claim 4, lever 55 provides a guiding surface. Regarding claim 10, the lever 55 “slides” the guide elements 51 into two different positions as shown in Fig 4. Regarding claim 11, the housing 42 provides a cover for the wire. Regarding claim 13, Fig 2 shows the wire feeder 52 being associated with a wire container 1. Regarding claims 14-15, the wire feeder 52 has a drive unit. (See Paragraph [0035])
Regarding claim 17, a welding wire supply system (27) having a first wire feeder (wire feeder 52) and a wire guide for guiding the welding wire (wire guide is shown guiding the wire 13 to the automated welding system, See Fig 2 and Paragraph [0035]) to an automated welding system with a second wire feeder and a welding torch, the wire guide including a wire buffer arranged downstream of the first wire feeder (buffer 40 is shown as being arranged downstream of first wire feeder 52), the wire buffer being adapted for receiving an additional length of welding wire in the path of the wire guide, (Wire buffer 40 is capable of storing extra wire by increasing the radius of the arc. See Paragraph [0032]) the buffer having a base body with a curved guiding surface for the welding wire, (guiding elements 51 provide a curved guiding surface for the wire 13) and a first attachment point for a connector at one end of the guiding surface, and a second attachment point for a connector at the other end of the guiding surface, at least one of the attachment points being adapted for attaching the connector to the base body in a pivotable manner. (Fig 4 shows two wire guide elements 51 and a receiving space. Paragraph [0034] describes arranging limit elements at a maximum deflection or minimum deflection, meaning there must be a pivot point for allowing the change.)
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Artelsmair et al (US 2007/0151964).
The teachings of Artelsmair have been discussed above. Artelsmair fails to specifically disclose the buffer comprises mounting openings for mounting the base body in one of at least two positions.
However, Artelsmair does disclose the buffer may be mounted on the robot arm 29 or from a holding means such as balance beam 41. (See Paragraph [0030]) As the prior art discloses the buffer being mounted in two different positions, it would have been obvious to a person having ordinary skill in the art, at the time of the invention, to provide mounting openings for mounting the base body in one of at least two positions.
Allowable Subject Matter
Claims 5-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 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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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761
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