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 .
Claims 15-28 are currently being examined.
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 15-28 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.
Claim 15 and claim 26 each recite “a large number of joining elements.”
The term “large” in claim 15 and claim 26 is a relative term which renders each claim indefinite. The term “large” is not defined by either 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. The number of joining elements being claimed is therefore indefinite.
For current examination purposes, the recitation in each claim is interpreted as a plurality of joining elements.
Claim 26 recites “a correct position.”
The term “correct” in claim 26 is a relative term which renders the claim indefinite. The term “correct” 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. Per Merriam-Webster online dictionary, correct means conforming to an approved or conventional standard but claim 26 and the specification do not provide what standard by which to determine what is a correct position of a joining element from the sorting device into the stand-by magazine.
For current examination purposes, the recitation is interpreted as a desired position.
Claims dependent upon claim 15 and upon claim 26 are also rejected as being indefinite for the same reasons as the base claims.
Claim Rejections - 35 USC § 102
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 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) 15-21, 25-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schug et al. 20130071209.
Regarding independent claim 15, as best understood, Schug teaches, with reference to Figs. 1-2, a joining device (joining assembly 10; [0040]), comprising:
a mobile joining head (12) with a joining tool (20) which is arranged on a multi-axis (at least vertical joining axis 30 and axis perpendicular to 30 from left to right in Fig. 1 since 12 is moved toward filling station 46 as necessary to fill magazine section 34 as described in at least [0055]) industrial robot ([0041] describes robot 14);
an element feed system (32, 46, 60) which operates using compressed air ([0027] describes feeding joining elements is done by compressed air; [0052] describes compressed air assembly 68)); and
a control device (70) which is configured to activate the joining tool and to control the element feed system ([0053] describes 70 controlling operation of joining tool and of filling station);
wherein the element feed system has:
a magazine device (32) which is movable together with the joining head ([0046] describes 32 is fixed to joining tool 20 such that 32 is movable with 20) and which comprises a working magazine (34) in which a large number (see 112(b): interpreted as a plurality) of joining elements are accommodatable at a same time ([0046] describes 34 receives a plurality of 28) and a separating device ([0054] describes a loading device which is actuated by 70 and removes a joining element 28, i.e., an individual 28, from 34 as is indicated diagrammatically in Fig. 1 by an arrow) from which joining elements are conveyable onward individually from the magazine device in a direction of the joining tool (an individual 28 is conveyed from 34 in a direction of 20 as shown by the arrow);
a stand-by magazine (62) which is stationary (62 is connected to stationary supply container 64 per [0052] at one end and to filling station plate 52 at the other end and per [0049] 52 is stationary by means of carrier 55 such that 62 is stationary) and which is fillable with joining elements from a sorting device (64,66; [0052] describes joining elements 28 from stationary supply container 64 are sorted in 66 and conveyed to 62 by compressed air assembly 68 and Fig. 1 shows a plurality of 28 in 62); and
a coupling device (38,48,74 in Fig. 2) that couples the magazine device to the stand-by magazine (as shown in Figs. 1-2, magazine device 32 is coupled to stand-by magazine 62 via 38 which couples with 74 which is coupled to tubular section 48 which is coupled with 62; [0029] describes contact can take place between 38 and 74 in the case of radial deflection of webs 78 of 74), wherein a first coupling half (38) is arranged on the magazine device (as seen in Figs. 1-2, 38 is arranged on 32) and a second coupling half (48, 74) is arranged on the stand-by magazine (as seen in Figs. 1-2, 48, 74 are arranged on 62).
Regarding claim 16, Schug further teaches the control device is configured to generate a first signal which causes a joining element to be transported from the magazine device in the direction of the joining tool and causes a joining element to be transported from the sorting device into the stand-by magazine ([0052] describes whenever a joining element 28 has been joined by joining tool 20, a joining element may be conveyed into an intermediate position in 62 such that as soon as 34 is empty, the quantity of joining elements 28 made available in the meantime in 62 can be fed through the filling station 46 into 34 in one step immediately one after another without stopping; [0053] describes control device 70 controls various individual processes and individual units of the joining assembly and filling station 46 and [0055] describes it is preferred if the number of joining elements 28 in the magazine section 34 is always known by a controller which counts along in the control device 70 such that communication, i.e., a first signal, generated by 70 causes a joining element 28 to be transported from 34 toward joining tool 20 and causes a joining element 28 to be transported from 64,66 into 62 via 68).
Regarding claim 17, Schug further teaches the first signal shifts the joining head into a loading state ([0053] describes control device 70 is designed for controlling the robot 14 according to a defined program and control device 70 is connected via a cable arrangement to robot 14 and joining head 12; and [0054] describes robot 14 moves joining head 12 to a joining position, i.e., joining head is in a loading state in joining position in light of instant specification [0028]: "Loading state" is understood here to mean that the joining head is ready to receive a joining element, and a joining element 28 is removed from working magazine 34 as indicated by arrow in Fig. 1 and moved from 34 to ram 24 by means of a loading device which is actuated by means of control device 70) or wherein the first signal indicates that the joining head is situated in the loading state.
Regarding claim 18, Schug further teaches the stand-by magazine is attached to a console of the industrial robot (62 is attached to control device 70 via 64,66,68 as seen in Fig. 1 and the assembly of 64,66, 68, 70 is a console or cabinet from which 70 controls the industrial robot 14).
Regarding claim 19, Schug further teaches the stand-by magazine is formed by a feed hose or a compressed-air tube (62 is a feed hose through which compressed air conveys the joining elements 28 such that 62 is a feed hose and a compressed-air tube).
Regarding claim 20, Schug further teaches the first coupling half has a funnel-shaped socket (38 has a funnel-shaped socket as shown in Fig. 2) and the second coupling half has a corresponding conical coupling piece (74 has a corresponding conical coupling piece 76 as shown in Fig. 2).
Regarding claim 21, Schug further teaches the first coupling half is arranged at a same height as a last axis of the industrial robot (interpreted in light of instant specification [0016] and instant Fig. 1 showing first coupling half 42 arranged at a same height of last axis of joining head 10, first coupling half 38 of Schug is arranged at a same height as last axis of joining head 20 in Fig. 1 of Schug).
Regarding claim 25, Schug further teaches the joining device is a stud welding device ([0040] describes joining assembly 10 can be for producing stud welding connections).
Regarding claim 26, as best understood, Schug further teaches a method for operating the joining device according to claim 15, comprising the steps of:
joining a large number (see 112(b): interpreted as a plurality) of joining elements (plurality of joining elements 28 within working magazine 34 per [0054]) one after the other to a component or an assembly (workpieces to be connected to one another) in a joining process sequence ([0054]-[0055] describe operation of the joining device as having robot 14 move the joining head 12 to a joining position in which workpieces to be connected to one another are arranged between the ram 24 and the die 26 and then removing a joining element 28 from 34 by a loading device to joining head 12 to be used for joining, and then moving the joining device to a next joining position and repeating the procedure until no or only a small number of joining elements are left in 34), wherein joining elements required for joining are supplied in the magazine device (joining elements 28 are supplied in 34 of magazine device 32) and are transported individually to the joining tool (as described in [0054]);
during the joining process sequence, filling the stand-by magazine with joining elements by transporting the joining elements individually and in a correct position (see 112(b): interpreted as a desired position) from the sorting device into the stand-by magazine ([0052] describes whenever a joining element 28 has been joined by joining tool 20, a joining element may be conveyed into an intermediate position in 62, i.e., a desired position in 62, such that as soon as 34 is empty, the quantity of joining elements 28 made available in the meantime in 62 can be fed through the filling station 46 into 34 in one step immediately one after another without stopping);
after completing the joining process sequence, moving the industrial robot such that the magazine device is coupled to the stand-by magazine (per [0055] as soon as there are no or only a small number of joining elements 28 in the magazine section 34, the joining head 12 is moved to the filling station 46; and per [0056] as soon as the magazine plate 36 has approached the filling-station plate 52 and the outlet opening 50 is aligned with an inlet opening 36 of the magazine section 34, the gas-closure actuator 40 is actuated, in order to open the gas closure 40; and per Fig. 2, centering aid 74 is inserted into 38 to couple magazine device 32 with stand-by magazine 62; [0029] describes contact can take place between 38 and 74 in the case of radial deflection of webs 78 of 74); and
transporting the joining elements from the stand-by magazine into the working magazine by compressed air (per [0052] as soon as magazine section 34 is empty, the quantity of joining elements 28 made available in the meantime in stand-by magazine 62 can be fed through the filling station 46 into working magazine 34 in one step immediately one after another without stopping via compressed-air assembly 68 and per [0056] a plurality of joining elements 28 are conveyed via the compressed-air assembly 68 through stand-by magazine 62 and tubular section 48 into working magazine 34 in an unimpeded manner).
Regarding claim 27, Schug further teaches the element feed system is controlled such that, each time a joining element is transported from the separating device to the joining tool, a joining element is also transported from the sorting device into the stand-by magazine ([0052] describes whenever a joining element 28 has been joined by joining tool 20, a joining element may be conveyed into an intermediate position in 62 such that as soon as 34 is empty, the quantity of joining elements 28 made available in the meantime in 62 can be fed through the filling station 46 into 34 in one step immediately one after another without stopping; [0053] describes control device 70 controls various individual processes and individual units of the joining assembly and filling station 46 and [0055] describes it is preferred if the number of joining elements 28 in the magazine section 34 is always known by a controller which counts along in the control device 70 such that the element feed system is controlled by 70 such that each time a joining element is transported from the separating device to the joining tool, a joining element is also transported from the sorting device into the stand-by magazine).
Regarding claim 28, Schug further teaches transporting of the joining element from the separating device to the joining tool is controlled by a first signal which is furthermore used to shift the joining head into a loading state ([0053] describes control device 70 is designed for controlling the robot 14 according to a defined program and control device 70 is connected via a cable arrangement to robot 14 and joining head 12; and [0054] describes robot 14 moves joining head 12 to a joining position, i.e., joining head is in a loading state in joining position in light of instant specification [0028]: "Loading state" is understood here to mean that the joining head is ready to receive a joining element, and a joining element 28 is removed from working magazine 34 as indicated by arrow in Fig. 1 and moved from 34 to ram 24 by means of a loading device which is actuated by means of control device 70, such that communication, i.e., a first signal, generated by 70 controls transporting of the joining element from the separating device to the joining tool and to shift the joining head into a loading state) or which indicates that the joining head is situated in the loading state.
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 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.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schug et al. 20130071209 in view of Schmidt DE19756798 (on IDS; citations are per English translation provided with this office action).
Regarding claim 22, Schug teaches all that is claimed above but is silent regarding the separating device has:
a duct with a feed opening and an outlet opening through which the joining elements are conveyable;
a first duct blocking element with a first actuating device and a second duct blocking element with a second actuating device, wherein the first duct blocking element and the second duct blocking element are each movable between a blocking position and a pass-through position;
wherein the second duct blocking element is arranged behind the first duct blocking element in a conveying direction of the joining elements;
a first compressed-air feed opening which opens into the duct in front of the first duct blocking element in the conveying direction; and
a second compressed-air feed opening which opens into the duct between the first duct blocking element and the second blocking element in the conveying direction.
Schmidt teaches a separating device (Fig. 2) for a joining device Fig. 1, the separating device has:
a duct (16) with a feed opening (at upstream end) and an outlet opening (at downstream end) through which joining elements (1) are conveyable;
a first duct blocking element (18) with a first actuating device (18 is actuated and therefore has an associated actuating device; see English translation bottom two paragraphs of p. 2 to top paragraph of p. 3), and a second duct blocking element (19) with a second actuating device (19 is actuated and therefore has an associated actuating device; see English translation bottom two paragraphs of p. 2 to top paragraph of p. 3), wherein the first duct blocking element and the second duct blocking element are each movable between a blocking position and a pass-through position (see double arrows for each of 18 and 19);
wherein the second duct blocking element is arranged behind the first duct blocking element in a conveying direction of the joining elements (19 is downstream of 18 in conveying direction A of 1);
a first compressed-air feed opening which opens into the duct in front of the first duct blocking element in the conveying direction (not shown, but feeds compressed air into 16); and
a second compressed-air feed opening (20) which opens into the duct between the first duct blocking element and the second blocking element in the conveying direction (portion of outlet of 20 is between 18 and 19).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the separating device of Schug to have a duct with a feed opening and an outlet opening through which the joining elements are conveyable; a first duct blocking element with a first actuating device and a second duct blocking element with a second actuating device, wherein the first duct blocking element and the second duct blocking element are each movable between a blocking position and a pass-through position; wherein the second duct blocking element is arranged behind the first duct blocking element in a conveying direction of the joining elements; a first compressed-air feed opening which opens into the duct in front of the first duct blocking element in the conveying direction; and a second compressed-air feed opening which opens into the duct between the first duct blocking element and the second blocking element in the conveying direction as taught by Schmidt to achieve reliable and trouble-free reloading with a very simple construction of the separating device for reloading each joining element to be used by the joining tool (Schmidt p. 3 end of first paragraph).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schug et al. 20130071209 in view of Schneider et al. 20100276400.
Regarding claim 24, Schug teaches all that is claimed above but is silent regarding a second element feed system, wherein the element feed system and the second element feed system are arranged parallel to each other and are routed together to an element holder of the joining head via a feed duct with a Y-piece.
Schneider teaches, with reference to Fig. 3, a first element feed system 42A and a second element feed system 42B, wherein the first element feed system and the second element feed system are arranged parallel to each other (as shown in Fig. 3, 42A and 42B are parallel) and are routed together to an element holder 38A of joining head 20 via a feed duct with a Y-piece (feed ducts 38C, 38B and element holder 38A form a Y-piece as shown in Fig. 3).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Schug to include a second element feed system, wherein the element feed system and the second element feed system are arranged parallel to each other and are routed together to an element holder of the joining head via a feed duct with a Y-piece as taught by Schneider to increase versatility by enabling feeding differing types of joining elements such as of differing shank length and/or differing flange diameter through the element feed system and the second feed system (Schneider [0063]).
Allowable Subject Matter
Claim 23 is 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 and if 112(b) issues regarding the base claims described above are corrected.
Regarding claim 23, Schug in view of Schmidt teaches all that is claimed above and Schug further teaches the control device is configured to generate a first signal which causes a joining element to be transported from the magazine device in the direction of the joining tool and causes a joining element to be transported from the sorting device into the stand-by magazine ([0052] describes whenever a joining element 28 has been joined by joining tool 20, a joining element may be conveyed into an intermediate position in 62 such that as soon as 34 is empty, the quantity of joining elements 28 made available in the meantime in 62 can be fed through the filling station 46 into 34 in one step immediately one after another without stopping; [0053] describes control device 70 controls various individual processes and individual units of the joining assembly and filling station 46 and [0055] describes it is preferred if the number of joining elements 28 in the magazine section 34 is always known by a controller which counts along in the control device 70 such that communication, i.e., a first signal, generated by 70 causes a joining element 28 to be transported from 34 toward joining tool 20 and causes a joining element 28 to be transported from 64,66 into 62 via 68) and
Schmidt further teaches the first actuating device is configured to move the first duct blocking element (18) into the blocking position; wherein the second actuating device is configured to move the second duct blocking element (19) into the pass-through position (see English translation p. 3 middle to end of first paragraph: control device 24 simultaneously opens control valve 21 to apply a pressure jet via second compressed-air feed opening 20, 24 closes 18, i.e., 24 has 18 actuated closed by first actuating device to blocking position, and 24 opens 19, i.e., 24 has 19 actuated by second actuating device to pass-through position) but
neither Schug nor Schmidt teach or fairly suggest as obvious in combination with the remaining structure of claim 23 wherein the separating device has:
a first compressed-air line via which compressed air is applyable to the first actuating device, the second actuating device, and the second compressed-air feed opening jointly;
wherein the first actuating device is configured to move the first duct blocking element into the blocking position; wherein the second actuating device is configured to move the second duct blocking element into the pass-through position when compressed air is applied to the first compressed-air line; wherein the first signal from the control device is used to apply compressed air to the first compressed-air line.
Neither Schug nor Schmidt teach a first compressed-air line supplying compressed air jointly to all three of the first actuating device, second actuating device and second compressed-air feed opening to enable performing the claimed actions of each of those features upon the first signal of the control device having compressed air applied to the first compressed-air line.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kecici 20200215601 teaches, with reference to Figs. 1-3, a separator for joining elements per [0002] which has a first actuating device 10 configured to move a first duct blocking element 8 and a second actuating device 11 configured to move a second duct blocking element 9 and has a first air inlet 18 which supplies compressed air to first actuator 10 and a second air inlet 19 which supplies compressed air to second actuator 11 (see [0057]-[0062]), but both 18 and 19 are downstream of both blocking elements 8 and 9 with respect to conveying direction of the joining elements 3.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.J.H./ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741
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