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 .
Election/Restrictions
Applicant’s election of Invention III, Species IB, IIA and IIIA (Claim(s) 21, 23 – 25) in the reply filed on (7 – 18 – 2025) is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Inventions II & II, and Species (Claim(s) 1 – 20) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the same reply filed on (7 – 18 – 2025).
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.
A.) Claim(s) 21 & 24 – 25, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkens et al. (US 20210078031 A1, hereinafter Wilkens) in view of Alspach et al. (DE 102018123546 A1 with translation provided by US 20220410403 A1, hereinafter Alspach)and in further view of Pringle et al. (US 20200130008 A1, hereinafter Pringle)Regarding claim 21,
A fastener sealing tool comprising:
a tool body having a fixed mount and
a pivot arm pivotally connected to the fixed mount at a pivot connection;
a mold connected to the pivot arm of the tool body,
the mold being shaped to be placed over a fastener connected to a surface;
a resin injection passage extending through the tool body and connected to the mold, wherein a curable material selectively flows through the resin injection passage into the mold,
a load cell connected to the fixed mount,
the load cell is a sensor operably connected to the pivot arm that senses movement of the pivot arm about the pivot connection, and
the sensor includes a button that contacts and is pressed by the pivot arm so that movement of the pivot arm away from the sensor causes the button to become undepressed,
wherein the load cell sends a signal to a controller that corresponds to the amount of movement of the pivot arm about the pivot connection with the fixed mount and the signal causes the controller to stop the flow of the curable material to the mold and generate an alert;
a resin supply tank connected to the fixed mount;
a resin cartridge pre-loaded with curable material loaded into the resin supply tank,
a valve connected to the fixed mount and the resin supply tank for controlling the flow of curable material from the resin supply tank to the mold;
a supply line extending between the mold and the valve for flowing curable material between the valve and the mold, and
a plunger in the resin cartridge that moves longitudinally along the length of the resin cartridge to apply pressure to the curable material in the resin cartridge.
Wilkens teaches the following:
([0031]) teaches that as shown in FIG. 5, the nozzle adaptor 410 includes one or more coupling elements 422 (e.g., retaining nut) configured to couple the dispenser system 400 to one or more position controllers 350 (shown in FIG. 4). Where the coupling elements 422 acts as applicant’s fixed mount of the tool body.
([0026]) teaches that Example position controllers 350 include, without limitation, a robotic arm, electric motor, servo motor, step motor, hydraulic actuator, pneumatic actuator, and/or spring. With ([0031]) teaching that as shown in (Fig. 5), the nozzle adaptor 410 includes one or more coupling elements 422 (e.g., retaining nut) configured to couple the dispenser system 400 to one or more position controllers 350. As such, a robotic arm providing multiple degrees of freedom / pivot is understood to be connected / mounted to the flow controllers 340 / the dispenser system 400.
& d.) ([0033]) teaches that as shown in FIG. 5, the primary portion 430 may extend between a plurality of secondary portions 440 including a first secondary portion 442 on a first side of the primary portion 430 and a second secondary portion 444 on a second side of the primary portion 430. ([0035]) teaches that the first secondary portion 442 and second secondary portion 444 include a first inner surface 456 and a second inner surface 458, respectively, defining a cavity 460 sized, shaped, and/or configured to channel materials for overcoating a coupling member 216 and creating a fillet seal along a segment of elongated seam. As illustrated in (Fig. 5), primary portion 430 & secondary portions 440 are found to act as applicant’s mold that forms a cavity 460 over a coupling member 216 providing for creating a fillet seal along a segment of elongated seam.
([0032]) teaches that the nozzle adaptor 410 includes a mixing element 426 that mixes one or more materials prior to dispensing. ([0047]) teaches that the dispenser system 500 includes a nozzle 520 (e.g., a “second nozzle”) sized, shaped, and/or configured to dispense one or more materials toward or onto a target area 330 that includes at least one coupling member 216 and a portion or segment of an elongated seam 218. Like the nozzle 420, the nozzle 520 may be coupled to the nozzle adaptor 410 (e.g., for dispensing one or more materials). As such, material is understood to traverse from the nozzle adaptor 410 with the a mixing element 426 that mixes one or more materials prior to dispensing to the nozzle 520 / 420 (e.g., a “second nozzle”) sized, shaped, and/or configured to dispense one or more materials toward or onto a target area 330.
& g.) ([0040]) teaches that a location of the target area 330 may be predetermined or determined based on known locations (e.g., a relative location). In some examples, the location of the target area 330 is determined based on one or more parameters detected or identified using one or more position sensors 364. ([0029]) teaches that example position sensors 364 may include, without limitation, optical sensors, acoustic sensors, and/or any other sensor that allow the controller 320 to identify the parameters described herein. Highlighting, while Wilkens does not disclose the exact placement of the sensors. The case law for the rearrangement of parts may be recited regarding placing the placement of the position sensors 364 on the fixed mount. Where,
([0024]) teaches that the flow controllers 340 may be configured to control, for example, a composition, viscosity, volume, pressure, flow path, and/or flow rate of one or more materials channeled through and/or dispensed from the flow controllers 340. Example flow controllers 340 include, without limitation, nozzles, hoses, tubes, fittings, switches, valves, agitators, mixers, strainers, tanks, reservoirs, cartridges, diaphragms, barrel pumps, shot meters, and/or proportioners. ([0044]) teaches that after dispensing sealant material 342 onto the last coupling member 216 in the series of coupling members 216 and/or last segment of the elongated seam 218, the nozzle 420 stops dispensing sealant material 342 and is moved upwards (e.g., in a positive direction along the Z-axis) away from the last coupling member 216. ([0027]) teaches that the controller 320 is configured to identify one or more target areas 330 and dispense one or more materials toward or onto the target areas 330 using the control mechanisms 310. In some examples, the controller 320 actuates the position controllers 350 to position and/or move the flow controllers 340 toward the target area 330 and/or actuate the flow controllers 340 to channel and/or dispense the materials (e.g., sealant material 342) toward the target areas 330. The application system 300 may include one or more sensors 360 at or proximate the control mechanisms 310 and/or target areas 330 to provide the controller 320 with information or feedback (e.g., a control signal) for actuating the control mechanisms 310. As such, the sensors are understood to provide information or feedback (e.g., a control signal) for a signal / alert that causes the controller to stop the flow of the curable material to the mold.
([0032]) teaches that the nozzle adaptor 410 includes a mixing element 426 that mixes one or more materials prior to dispensing. As such, the mixing element 426 provides for a resin supply tank connected to the fixed mount.
([0024]) teaches that the flow controllers 340 may be configured to control, for example, a composition, viscosity, volume, pressure, flow path, and/or flow rate of one or more materials channeled through and/or dispensed from the flow controllers 340. Example flow controllers 340 include, without limitation, nozzles, hoses, tubes, fittings, switches, valves, agitators, mixers, strainers, tanks, reservoirs, cartridges, diaphragms, barrel pumps, shot meters, and/or proportioners.
Regarding Claim 21, Wilkens teaches that position sensors 364 may include, without limitation, optical sensors, acoustic sensors, and/or any other sensor that allow the controller 320 to identify the parameters described herein. Wilkens is silent on the sensor including a button that contacts and is pressed by the pivot arm so that movement of the pivot arm away from the sensor causes the button to become undepressed. In analogous art for an apparatus and method that comprises a robotic arm with sensors,(Abstract), Alspach suggests details regarding the apparatus comprise a sensor with a button that contacts and is pressed by the pivot arm so that movement of the pivot arm away from the sensor causes the button to become undepressed, and in this regard, Alspach teaches the following:
(Claim 8) teaches a deformable sensor comprising a deformable membrane defining an enclosure that is configured to be filled with a medium, and the deformable membrane comprises a filter layer on a surface of the deformable membrane configured to assist in detection of a deformation of the deformable membrane.
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 production method and apparatus for a nozzle applies a sealant to a target area that includes a coupling member and an elongated seam of Wilkens. By modifying the apparatus to comprise a deformable sensor comprising a deformable membrane, as taught by Alspach. Highlighting, one would be motivated to implement a deformable membrane sensor as it provides for a deformable sensors that may be very flexible and thus deformable which may be beneficial in human-robot interactions, in the way that the robot 200 may contact a person (e.g., to give the person a “hug”) or surface without causing harm due to the softness of the deformable sensors 100′ and/or due to an ability to control the force of the contact with an object, ([0040]). Accordingly, the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Regarding Claim 21, Wilkens as modified by Alspach is silent on the structure of the a resin supply system including the resin supply tank, resin cartridge and valve. In analogous art for an apparatus for dispensing a flowable material used in aircraft production, Pringle suggests details regarding the structure of the a resin supply system including resin supply tank, resin cartridge and valve, and in this regard, Pringle teaches the following:
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As illustrated in (Fig. 6A) (and provided within) the arrow points to a cavity that provides for a resin supply tank connected to the fixed mount.
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([0041]) teaches that cartridge housing 173 receives and encloses cartridge tube 302. Furthermore, cartridge housing 173 supports cartridge tube 302 while flowable material 308 is dispensed from cartridge tube 302. This is best shown in (Fig. 6A). Where the cartridge housing 173 acts as applicant’s resin cartridge pre-loaded with curable material loaded into the resin supply tank
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([0090]) teaches that the flowable-material dispenser 160 further comprises dispenser valve 600, located at second end 177 of cartridge housing 173. As illustrated in (Fig. 4) (and provided within), the arrow provide for a valve connected to the fixed mount and the resin supply tank for controlling the flow of curable material from the resin supply tank to the exit of the nozzle.
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([0092]) teaches that dispenser valve 600 comprises stem 612, protruding through pass-through 614 and supporting plug 610. As illustrated in (Fig. 4) (and provided within), arrows are found to point to the pass-through 614 which provides for a supply line extending between the mold and the valve for flowing curable material between the valve and the mold. And the supporting plug 610 acting as the plunger in the resin cartridge that moves longitudinally along the length of the resin cartridge to apply pressure to the curable material in the resin cartridge.
([0040]) teaches that flowable-material dispenser 160 comprises cartridge housing 173 and plunger 175. As illustrated in (Fig. 4A) (and provided within) the plunger 175 is found within the resin cartridge and is shown to move longitudinally along the length of the resin cartridge to apply pressure to the curable material in the resin cartridge.
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 production method and apparatus for a nozzle applies a sealant to a target area that includes a coupling member, and an elongated seam of Wilkens as modified by Alspach. By further augmenting apparatus to comprise a resin supply system including resin supply tank, resin cartridge and valve, as taught by Pringle. Highlighting, one would be motivated to implement a resin supply system including resin supply tank, resin cartridge and valve as it provides for a means for regulating the flow of material by selectively open or close dispenser valve 600, ([0090] – [0091]). Accordingly, the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.Regarding claim 24 as applied to claim 21,
Wherein the mold is not translucent.
Wilkens teaches the following:
As illustrated in (Fig. 5) the primary portion 430 and the secondary portions 440 are illustrated to be not translucent. Nor does Wilkens mention that the mold are translucent. As such, the mold are understood to be non-translucent.
Regarding claim 25 as applied to claim 21,
Wherein the curable material is a polysulfide sealant.
Wilkens teaches the following:
([0025]) teaches that an example sealant materials 342 may include, without limitation, a two-part manganese dioxide cured polysulfide polymer, such as P/S 890® fuel tank sealant or PR-1776M™ fuel tank sealant. As such, the use of a polysulfide sealant is understood to be disclosed.
B.) Claim(s) 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkens in view of Alspach in view of Pringle and in further view of CSF (Double-Acting Air Operated Piston Pumps, 2020, hereinafter CSF)
Regarding claim 23 as applied to claim 21,
Further comprising:
wherein the valve is connected to the fixed mount and the resin supply tank,
wherein the valve further comprises:
a spool that is connected to a plunger;
an air inlet open port that applies air above the plunger to move the spool to allow the curable material to flow through the valve from a resin inlet of the valve to a resin outlet of the valve;
an air inlet close port that introduces air to a region in the valve that applies pressure to the plunger to move the spool from the open position to the closed position,
wherein the resin outlet of the valve connects to a supply line extending between the mold and the valve for flowing resin between the valve and the mold.
Wilkens teaches the following:
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(([0090]) teaches that the flowable-material dispenser 160 further comprises dispenser valve 600, located at second end 177 of cartridge housing 173. As illustrated in (Fig. 4) (and provided within), the arrow provide for a valve connected to the fixed mount and the resin supply tank for controlling the flow of curable material from the resin supply tank to the exit of the nozzle.
([0090]) teaches that and second double-acting pneumatic cylinder 520, configured to selectively open or close dispenser valve 600. Where the double-acting pneumatic cylinder 520 acts as applicant’s spool that is connected to a plunger / stem 612.
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& d.) ([0169]) teaches that double-acting pneumatic cylinder 520, which opens and closes dispenser valve 600, as shown in (Figs. 6A & 6B).
As illustrated in (Figs. 6A & 6B) the resin outlet of the valve connects to a supply line extending between the mold and the valve for flowing resin between the valve and the mold.
Regarding Claim 23, Wilkens is silent on the structure of the second double-acting pneumatic cylinder comprising an air inlet open port and the air inlet close port. In analogous art for a pneumatic cylinder, (Abstract), CSF suggests details regarding the second double-acting pneumatic cylinder comprising an air inlet open port and air inlet close port, and in this regard, CSF teaches the following:
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& d.) (Pg. 8) teaches that double acting reciprocating motor with air distributing valve. Air inlet provided with shutting regulator to change the stroke frequency. (Pg. 2) teaches that double acting piston can be used in environments with potentially explosive atmospheres as they are operated pneumatically. They can also be used in sterile environments as the air outlet can be conveyed outside the room.As illustrated in the figure of (Pg. 8) (and provided within), two upwards facing arrows are provided that point to the air inlets shown with air being inhaled and two downwards facing arrows are provided that point to the air outlets with the “gas” being let off. Highlighting, while there are no perceived discrepancies regarding the placement of the air inlet and air outlet on the double acting pneumatic cylinder. The case law for the rearrangement of parts may be recited. Where, it has generally been recognized by the courts that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400, MPEP 2144.
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 production method and apparatus for a nozzle applies a sealant to a target area that includes a coupling member, and an elongated seam of Wilkens as modified by Alspach and Pringle. By further augmenting the second double-acting pneumatic cylinder to be provided with an air inlet and air outlet, as taught by CSF. Highlighting, one would be motivated to provide a second double-acting pneumatic cylinder with an air inlet and air outlet as it provides for shutting regulator to change the stroke frequency of the double-acting pneumatic cylinder pistons movement, (Pg. 8).
C.) Claim(s) 24, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkens in view of Alspach in view of Pringle and in further view of Weidong Song (US 20160136859 A1, hereinafter Song)
Regarding claim 24 as applied to claim 21,
Wherein the mold is not translucent.
Wilkens teaches the following:
As illustrated in (Fig. 5) the primary portion 430 and the secondary portions 440 forming a mold and is illustrated to be not translucent
Regarding Claim 24, Wilkens is silent on the mold is not translucent. In analogous art for an apparatus and method that comprises mold is then positioned over a fastener and the mold is sealed against a structure, (Abstract), Song suggests details the mold is not translucent, and in this regard, Song teaches the following:
([0026]) teaches that the mold 26 may be machined or itself molded from Polytetrafluoroethylene (PTFE) such as Teflon® available from DuPont or similar non-stick materials, or metals such as stainless steel. Where Polytetrafluoroethylene (PTFE) and stainless steel are understood to be non-translucent.
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 production method and apparatus for a nozzle applies a sealant to a target area that includes a coupling member, and an elongated seam of Wilkens as modified by Alspach and Pringle. By further augmenting the mold to be fabricated from Polytetrafluoroethylene (PTFE) and/or stainless steel, as taught by Song. Highlighting, one would be motivated to implementing a mold fabricated from Polytetrafluoroethylene (PTFE) and/or stainless steel as it provides for a non-stick materials and/or surface with a release agent, ([0022]). Highlighting, that the use of a known material i.e, Polytetrafluoroethylene (PTFE) and/or stainless steel, in a known environments namely sealing a fastener, for its intended, specifically in use as a mold, provides for the recitation of known material in the art case law. Where, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), MPEP 2144.07.
D.) Claim(s) 25, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkens in view of Alspach in view of Pringle and in further view of Thomas Monaghan (US 20200165006 A1, hereinafter Monaghan)
Regarding claim 25 as applied to claim 21,
Wherein the curable material is a polysulfide sealant.
Wilkens teaches the following:
([0025]) teaches that an example sealant materials 342 may include, without limitation, a two-part manganese dioxide cured polysulfide polymer, such as P/S 890® fuel tank sealant or PR-1776M™ fuel tank sealant. As such, the use of a polysulfide sealant is understood to be disclosed.
Regarding Claim 25, Wilkens is silent on the curable material is a polysulfide sealant. In analogous art for a process and mold for prevention cap for a bolt,(Abstract), Monaghan suggests details regarding the curable material is a polysulfide sealant, and in this regard, Monaghan teaches the following:
([0074]) teaches that a suitable sealing material is a polythioether sealant such as PPG PR-2001B2 or a polysulphide (polysulfides) sealant such as Naftoseal® MC238B, MC238A, or MC780 available from Chemetall Group.
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 production method and apparatus for a nozzle applies a sealant to a target area that includes a coupling member, and an elongated seam of Wilkens as modified by Alspach and Pringle. By further augmenting the process to include a sealant that comprises a polysulphide (polysulfides) sealant, as taught by Monaghan. Highlighting, one would be motivated to include a polysulphide (polysulfides) sealant as it provides for the retention of the cap may be improved. Ease of location of an injection tool for applying a sealant material to the cap may be improved, ([0006]). Accordingly, that the use of a known material i.e, a polysulphide (polysulfides) sealant, in a known environments, i.e, namely used in a mold, for its indented use explicitly sealing a fastener, provides for the recitation of known material in the art case law. Where, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), MPEP 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Osborn et al. (US 20230271387 A1) – teaches in the (Abstract) a device for heat sealing may include a positioning device configured to move in at least two dimensions, and a sealing head attached to the positioning device. The sealing head may include an energy system configured to generate energy for heat sealing an article along a path of an arbitrary shape.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrés E. Behrens Jr. whose telephone number is (571)-272-9096. The examiner can normally be reached on Monday - Friday 7:30 AM-5:30 PM.
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/JaMel M Nelson/Primary Examiner, Art Unit 1743