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 .
Priority
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.
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 1-18 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 1, line 9 recites “the axial direction”, line 11 recites “the direction of flow”; claim 3, lines 3-4 recites “the circumference”; claim 13, line 4 recites “the region”; claim 14, line 2 recites “the receiving region”; claim 15, line 5 recites “the disposable cap”; claim 17, line 3 recites “the flue gas”, there is insufficient antecedent basis for this limitation in the claim.
Claim 10, lines 3-4 recites “a receptacle” which should be amended to “the receptacle” because “a receptacle” was recited earlier in claim 9.
Claims 2, 4-12, 14, 16 and 18 are also rejected because they are dependent on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 11-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Cockrum (US 4,057,705).
With respect to the limitations of claim 1, Cockrum teaches a combined extraction/shielding gas nozzle (Fig 1, nozzle assembly 49, Col 3) of an arc welding torch with a consumable electrode (electrode 22, Col 2), comprising: a shielding gas channel (passages 53, bore of tapering conical cavity 64, Col 4, Lines 55-65) for supplying shielding gas to a welding process (Col 1, Lines 8-10, gas-shielding arc welding operations); an extraction device with at least one extraction channel with an extraction opening (annular channel of tubular supporting head 66, Col 4, Col 3, Lines 63-68, nozzle assembly 49, which may comprise any suitable nozzle assembly which includes means to direct fumes from the arc welding zone to fume extracting passageway 24) for extracting the flue gas produced during the welding process, the shielding gas channel (53, 64) and the at least one extraction channel (annular channel of tubular supporting head 66) are disposed radially and offset to one another in the axial direction such that the extraction opening for the at least one extraction channel (66) lies behind the shielding gas channel (53, 64) in the direction of flow of the flue gas, a threaded insert (threads 50, adapter head 51, Col 4) for screwing onto a torch neck (rigid inner conduit 21, Col 4) of a welding torch (welding gun 10, Col 2); and an electrical insulation (insulating sleeve 61, Col 4) between the threaded insert (50, 51) and the extraction device (66).
With respect to the limitations of claims 2, 11, 12, 13 and 14, Cockrum teaches the shielding gas channel (53, 64) and the extraction channel (annular channel of tubular supporting head 66) are aligned substantially axially parallel to one another;
the extraction device (49) is disposed detachably on the shielding gas channel (threads 50, adapter head 51, Col 4);
the extraction device (49) and the shielding gas channel (annular channel of tubular supporting head 66) are detachably joined together by a screw connection (threads 50);
further comprising a disposable cap that is configured for detachable attachment (contact tip 56, nut 57, Col 4) to a front end in the region of the shielding gas outlet opening (53, 64);
the receiving region comprises an outer threading for screw connection with the disposable cap that comprises a corresponding inner threading (contact tip 56, nut 57, Col 4).
With respect to the limitations of claims 16, 17 and 18, Cockrum teaches a torch neck (Fig 1, tubular housing 16, rigid electrically conductive inner conduit 21, Col 2) of a welding torch (welding gun 10, Col 2) for thermally joining at least one workpiece (workpiece 69, Col 4) in combination with a combined extraction/shielding gas nozzle according to claim 1 (combined extraction/shielding gas nozzle as set forth in the rejection of claim 1 above).
further comprising an extraction tube channel (elbow adapter means 14, flexible outer tube 18, vacuum hose 29, Col 3, Lines 8-13) for extracting the flue gas fluidly connected to the extraction device of the shielding gas nozzle;
a welding torch comprising a torch neck (Fig 1, tubular housing 16, rigid electrically conductive inner conduit 21, Col 2), and further comprising a combined extraction/shielding gas nozzle according to claim 1 (combined extraction/shielding gas nozzle as set forth in the rejection of claim 1 above) detachably joined (threads 50, 67, Col 4, Lines 7-10, 26-30) to the torch neck.
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.
Claims 3, 4, 5 and 6 are rejected under 35 U.S.C. 103 as being obvious over Cockrum (US 4,057,705) as applied to claim 1, further in view of Moons (US 2016/0256951).
With respect to the limitations of claim 3, Cockrum teaches the extraction opening for the flue gas (annular channel of tubular supporting head 66), which are disposed on the circumference of the torch neck (rigid inner conduit 21, Col 4). Cockrum discloses the claimed invention except for the extraction device comprises a plurality of extraction openings for the flue gas. However, Moons discloses the extraction device comprises a plurality of extraction openings (Figs 1-5, openings 10, 0058) for the flue gas is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the combined extraction/shielding gas nozzle of Cockrum having an extraction opening silent to a plurality of extraction openings with the extraction device comprises a plurality of extraction openings for the flue gas of Moons for the purpose of providing a known extraction opening configuration that allows for expeditious removal of fumes and smoke from adjacent the weld site at the nozzle (0055).
With respect to the limitations of claims 4, 5 and 6, Cockrum in view of Moons discloses the shielding gas channel has a torch-side end (Moons, Figs 3, 5, inner shield gas conduit 5, 0057), and the torch-side end of the shielding gas channel is connected via a shoulder (Moons, conical portion of outer shell 7, 0058) to the at least one extraction channel disposed radially and offset (Moons, fume extracting passageway 9, 0058) in the axial direction;
the extraction openings (Moons, openings 10, 0058) are disposed in the shoulder (7);
the torch-side end of the shielding gas channel (Moons, gas conduit 5) is connected integrally via the shoulder (Moons, conical portion of outer shell 7) to the at least one extraction channel (9).
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Cockrum (US 4,057,705) as applied to claim 1, further in view of JPH0661371. An English machine translation of JPH0661371 is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 7, Cockrum discloses the claimed invention except for the extraction openings have an elliptical or oval-shaped cross-section. However, JPH0661371 discloses the extraction openings have an elliptical or oval-shaped cross-section (Fig 8, oval shaped hole 4a, 0005) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the combined extraction/shielding gas nozzle of Cockrum having an extraction opening silent to an elliptical or oval-shaped cross-section with the extraction openings have an elliptical or oval-shaped cross-section of JPH0661371 for the purpose of adapting a shape of the extraction opening to achieve a desired suction efficiency of the welding fumes (0005).
Claims 8, 9 and 10 are rejected under 35 U.S.C. 103 as being obvious over Cockrum (US 4,057,705) as applied to claim 1, further in view of Whipple (US 2018/0178306).
With respect to the limitations of claims 8, 9 and 10, Cockrum teaches further comprising an insulation material (insulating sleeve 61) is provided between the threaded insert (adapter head 51) and the extraction device (66); the threaded insert (adapter head 51) is pressed into a receptacle of the nozzle (nozzle 63, Col 4); the threaded insert (51) is pressed into insulation material (61) disposed in a receptacle of the nozzle (63) for electrical insulation. Cockrum discloses the claimed invention except for the insulation material is molding material or injection material. However, Whipple discloses the insulation material is molding material or injection material (Figs 3-5, molding the insulator 900, 0086) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the combined extraction/shielding gas nozzle of Cockrum having an insulation material silent to how the insulation material is formed with the insulation material is molding material or injection material of Whipple for the purpose of using a known manufacturing method that is suitable for forming an insulation material in welding torch applications (0086).
Claim 15 is rejected under 35 U.S.C. 103 as being obvious over Cockrum (US 4,057,705) as applied to claim 1, further in view of Smith (US 2,184,980) and Schluter (US 4,284,873).
With respect to the limitations of claim 15, Cockrum discloses the claimed invention except for the extraction device comprises aluminum or an aluminum alloy, and the threaded insert comprises brass, and the disposable cap comprises copper. However, Smith discloses the extraction device comprises aluminum or an aluminum alloy (Fig 7, fume exhausting skirt member 25a is in the form of a casting, of aluminum, Pg 2, Col 2, Lines 45-50) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the combined extraction/shielding gas nozzle of Cockrum having an extraction device silent to the material with the extraction device comprises aluminum or an aluminum alloy of Smith for the purpose of using a known metal material that is suitable for exhausting skirt applications.
Moreover, Schluter discloses the disposable cap comprises copper (Fig 1, conductive nozzle 9 are preferably formed from copper, Col 4, Lines 59-62) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the combined extraction/shielding gas nozzle of Cockrum having a disposable cap silent to the material with the disposable cap comprises copper of Schluter for the purpose of forming the disposable cap from a known material that has good current and heat conductive capacity.
Additionally, Cockrum in view of Smith and Schluter discloses the claimed invention except for the threaded insert comprises brass. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the threaded insert comprises brass, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable material type involves only routine skill in the art (see MPEP 2144.04).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 6/16/2026
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