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 .
Priority
The claim to priority as a 371 filing of PCT/EP202/0567-8, filed on March 15, 2022, which claims benefit to DE 102021111780.1 filed on May 6, 2021 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on October 31, 2023 and July 18, 2024 have been considered by the Examiner.
Claim Objections
Claim 6 is objected to because of the following informalities: claim 6 is not depended to any claims. (Note: for the purpose of examination, it is presumed claim 6 depends on claim 1). Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 12 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 12 recites the limitation "the major axis" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 1-2, 5-10 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zamazaki et al. (JP 2021-023972) in view of Moons et al. (EP 2842684).
Regarding claims 1, 14 and 17, Zamazaki et al. discloses a torch device and arc welding method having a combined extraction/shielding gas nozzle (10b, Fig. 1-2) of an arc welding torch (10, Fig. 1-2) with a non-consumable electrode (11, Fig. 1), comprising: a shielding gas channel (22a, 28a, Fig. 1; Par. 27-28, first shielding gas passage 22, first shielding gas ejection opening 22a, second shielding gas opening 28b) for supplying shieling gas (32; Fig. 1; Par. 28 and 30, first shielding gas 32 supplied by the first shielding gas supply 52, second shielding gas 38 supplied by the second shielding gas supply 58), and an extraction device (24a; Fig. 1; Par. 27 and 29, welding fume suction passage 24, welding fume suction opening 24a), connected integrally to the shielding gas channel (22), for extracting flu gas (34, Fig. 1; Par. 29) produced during the welding process. Zamazaki et al. does not disclose wherein the extraction device has a plurality of extraction openings for the flue gas that are arranged uniformly over the nozzle on the periphery. Moons et al. discloses wherein the extraction device (9; Fig. 3; Par. 31, fume extracting passageway 9) has a plurality of extraction openings (10) for the flue gas (Fig. 3; Par. 31, fume FF) that are arranged uniformly over the nozzle (11) on the periphery (Fig. 2-5; Par. 31; Fume extracting passageway 9, a plurality of openings 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zamazaki et al., wherein the extraction device has a plurality of extraction openings for the flue gas that are arranged uniformly over the nozzle on the periphery, as taught by Moons et al., for the purpose of providing a plurality of openings in a distal end of the outer shell for extracting ambient air and fume into a coaxial nozzle.
Regarding claim 2, Moons et al. discloses the extraction device (9) has at least one extracting channel (9) for flue gas (FF, Fig. 3) coaxially surrounding the shield gas channel (6, Fig. 3) at least in regions (Fig. 3-5).
Regarding claim 5, Moons et al. discloses the shielding gas channel (Fig. 3; Par. 30, shield gas conduit 5) defines an outlet (Fig. 3; Par. 30, shield gas outlet 6) and wherein the extraction openings (Fig. 3; Par. 31, openings 10) of the extraction device (Fig. 3; Par. 31, fume extracting passageway 9) are arranged axially offset with respect to the nozzle (11; Fig. 3) longitudinal axis relative to the shielding gas outlet (6) of the nozzle (11) (Fig. 3-5).
Regarding claim 6, Moons et al. discloses the extraction opening (10) are arranged radially and offset in the axial direction from the shielding gas channel (5) (Fig. 3-5).
Regarding claim 7, Moons et al. discloses the shielding gas channel (5) defines an outlet opening (6), and wherein the extraction device (9) has a dome-shaped or dome region at an end of the extraction device (9) facing the shielding gas outlet opening (6) (Fig. 3-5).
Regarding claim 8, Moons et al. discloses the extraction openings (10) are provided at least in regions in the dome-shaped or dome region of the extraction device (9) (Fig. 3-5).
Regarding claim 9, Moons et al. discloses the nozzle (11) has a torch-side end and the shield gas channel (shield gas channel 5 with outlet openings 6) has a flow cross section, and wherein the cross section of the shield gas channel widens towards the torch-side send of the nozzle (Fig. 3 and 5-8).
Regarding claim 10, Moons et al. discloses the extraction channel (fume extracting passageway 9) adjoins the shield gas channel (5) in the regions in which the shield gas channel (5) widens towards the torch-side end of the nozzle (11) (Fig. 3 and 5-8).
Regarding claim 15, Moons et al. discloses an extraction pipe (Fig. 1; Par. 28; fume extracting assembly 13 with hose/pipe/conduit with adapter 17 connected to hose 15) for extracting the flu gas (FF, Fig. 3) in fluid communication with the extraction device (openings 10, Fig. 3) of the nozzle (11) (Fig. 3).
Regarding claims 16 and 18, Moons et al. discloses the extraction pipe is part of the torch and the handle of the two half shells (Fig. 3).
Regarding claim 19, Zamazaki et al. discloses the torch (10, Fig. 1) is a TIG torch (Par. 13, 17 and 21).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zamazaki et al. (JP 2021-023972) in view of Moons et al. (EP 2842684) and further view of Dabert (EP 3300827).
Regarding claims 3-4 and 13, Zamazaki/Moons disclose substantially all features of the claimed invention as set forth above including from Zamazaki, the nozzle (10b, Fig. 1-2); and from Moons, the nozzle (11, Fig. 2-3) except the nozzle is electrically insulating and wherein the nozzle consists essentially of a ceramic material. Dabert discloses the nozzle (13) is electrically insulating and wherein the nozzle consists essentially of a ceramic material (Fig. 1-2; Par. 35, a cylindrical nozzle 13 for example made of ceramic or here of thermostable glass of the Pyrex® type). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zamazaki/Moons, the nozzle is electrically insulating, as taught by Dabert, for the purpose of safety to the user.
Regarding claim 13, Dabert discloses the nozzle (13) has a thread for screwing connection onto a torch body (2) (Fig. 1-2 and 5-6).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zamazaki et al. (JP 2021-023972) in view of Moons et al. (EP 2842684) and further view of JPH0661371.
Regarding claim 11, Zamazaki/Moons disclose substantially all features of the claimed invention as set forth above including from Moons, the extraction openings (10, Fig. 4) except the extraction openings have an elliptical or oval-shape cross section. JPH0661371 discloses the extraction openings (4a) have an elliptical or oval-shape cross section (Fig. 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zamazaki/Moons, the extraction openings have an elliptical or oval-shape cross section, as taught by JPH0661371, for the purpose of having the extraction openings to achieve a desired suction efficiency of the welding fume
Regarding claim 12, JPH0661371 discloses the nozzle (Fig. 8) defines a longitudinal axis and wherein a major axis of the elliptical or oval cross-section (openings of 4a, Fig. 8) extends approximately parallel to the longitudinal axis of the nozzle (Fig. 8 and 12).
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761
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