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 .
Drawings
The drawings were received on 12/15/25. These drawings are not acceptable as noted in the specification objection below.
Specification
The amendment filed 12/15/25 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the overhead crane in the new figure 7. Note that there is support for a “crane” but not support for an overhead crane.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-7, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 20130001348 U) in view of Pass et al. (US 10,173,847 B2).
Regarding claim 1, Kwon teaches:
An assembly station [jig (7); figures 1-3] for temporarily mounting an object comprising:
a first support member [upper locking part (22)] having a first support member proximal end, a first support member distal end, and a first support member loading surface [see figures 1-3];
a second support member [lower locking part (21); see figures 1-3] having a second support member proximal end, a second support member distal end, and a second support member loading surface;
a flip axle member [hinge connecting part (15)] having a flip axle base [the bottom of part (15)] configured to be secured to an external surface and a flip axle [connecting member (40)] extending through the flip axle base;
the first support member rotatably coupled to the flip axle at the first support member proximal end [see figures 1-3];
the second support member rotatably coupled to the flip axle at the second support member proximal end such that the second support loading surface faces the first support loading surface [see figures 1-3]; and
wherein when the second support member is rotated into an open position, the second support member loading surface faces the same direction as first support member loading surface and when the second support member is rotated into a closed position, the second support member loading surface faces the opposite direction as first support member loading surface and provides a clamping force securing an object disposed therebetween [see figures 1-3].
Kwon does not teach:
wherein the first support member further comprises:
an alignment feature extending from the first support member proximal end adapted for the object to abut against upon loading;
a load bearing member extending from the first support member proximal end adapted to support a weight load of the object upon rotation of the assembly station.
Pass teaches a system for loading and overturning plates comprising turnover arm (4) having lugs (6) wherein plate shaped body (2) is placed onto the arm and moved until it comes into contact with the lugs at the proximal end; i.e. the lugs are used to align the plate, and then the plate is turned while the lugs support the weight of the plate; 8:12-45 and figure 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the Pass lug concept into Kwon in order to be able to consistently position/align the workpieces when loading them into the jig and to support the plates as they are being turned over.
Regarding claim 4, Kwon teaches:
wherein the object is a metal plate [while this limitation is solely drawn to material worked upon and thus not further limiting structurally, Kwon is welding metal; 0003].
Regarding claim 5, Kwon teaches:
wherein the second support member is in a closed position and the first support member and second support member are fixed together through a securing mechanism [locking part (30)] at the first support member distal end and the second support member distal end.
Regarding claim 6, Kwon does not teach:
wherein the securing mechanism is at least one fastener, bolt, latch extending through or coupled to the first support member and the second support member.
However, one looking at figure Kwon figure 1 would note that locking part is circle/hole. It would have been painfully obvious to one of ordinary skill in the art before the effective filing date of the invention that one could use a bolt and nut or pin since it could be inserted into the circle/hole or because they an extremely well-known means for fastening, minus any unexpected results.
Regarding claim 7, Kwon teaches:
further comprising a compressive member [the projections on locking part (21)] configured to provide a compressive force between the object disposed between the first support member loading surface or the second support member loading surface in a closed position.
Regarding claim 11, Kwon teaches:
An array of assembly stations [figure 4] according to Claim 1, the assembly stations each being spaced apart from an adjacent station by pre-selected distance [see figure 4]
wherein the confronting edges of objects in the adjacent stations are in such proximity to one another that the adjacent clamped objects can be conjoined to one another [this limitation is solely drawn to material worked upon and functional language and thus not further limiting structurally, however Kwon is butt welding flanges; 0022-0024].
Regarding claim 12, Kwon teaches:
in which objects in said adjacent stations are located in proximity to one another so that the objects can be conjoined by butt welding [this limitation is solely drawn to material worked upon and functional language and thus not further limiting structurally, note Kwon is butt welding flanges; 0022-0024].
Regarding claim 13, Kwon teaches:
further including a hoist means [beam jig (70)] for simultaneously engaging a plurality of the adjacent assembly stations comprising the array and simultaneously rotating the assembly stations and objects clamped in between the support members so as to invert each first and second support member and the object clamped in between the first and second support members through 180 degrees of vertical rotation [0024].
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 20130001348 U) in view of Pass et al. (US 10,173,847 B2) as applied to claim 1 above, and further in view of Goldman et al. (US 3,949,631).
Regarding claims 7 and 8, Kwon does not teach:
further comprising a compressive member configured to provide a compressive force between the object disposed between the first support member loading surface or the second support member loading surface in a closed position; and
wherein the compressive member is a rubber, synthetic rubber, or elastomeric material coupled to the first support member loading surface or the second support member loading surface.
Goldman teaches a clamping device wherein, “The underside of the die plate 12, against which the sheet material 18 is clamped preferably is provided with a resilient pad 24 which may be made from rubber or other appropriate material capable of providing a good frictional grip on the sheet 18 yet which will not damage or mar the sheet material”; 2:65-69.
The examiner also notes that clamps like toggle clamps, C-clamps, bar clamps, etc. having elastic/rubber/plastic covers are well-known in the art since they can be readily purchased online.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the Goldman rubber pad into the surfaces of the Kwon upper and/or lower locking parts in order to prevent damage or marring to the workpieces.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 20130001348 U) in view of Pass et al. (US 10,173,847 B2) and as applied to claim 1 above, and further in view of Lin et al. (CN 103737232 A) and Goldman et al. (US 3,949,631).
Regarding claims 7-9, Kwon does not teach:
further comprising a compressive member configured to provide a compressive force between the object disposed between the first support member loading surface or the second support member loading surface in a closed position;
wherein the compressive member is a rubber, synthetic rubber, or elastomeric material coupled to the first support member loading surface or the second support member loading surface; and
the compressive member comprises at least one fastener extending through the first support member loading surface or the second support member loading surface configured to compressively engage the object between the first support member loading surface or the second support member loading surface.
Concerning the fastener:
Lin teaches a clamping device comprising pressing arm (4) and rotary pressing mechanisms (6) extending through the arm via nut (10), wherein mechanisms (6) comprise screw (9), pressing plate (7) and scuff preventing sheath (8); figures 1 and 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the Lin pressing rotary pressing mechanisms into the Kwon upper and/or lower locking parts in order to be able to prevent scuffing, to hold non-planar or irregular workpieces, and/or to apply a specific amount of pressure.
Concerning the material of the compressive member:
Goldman teaches a clamping device wherein “The underside of the die plate 12, against which the sheet material 18 is clamped preferably is provided with a resilient pad 24 which may be made from rubber or other appropriate material capable of providing a good frictional grip on the sheet 18 yet which will not damage or mar the sheet material”; 2:65-69.
Since Lin is silent as to what the sheath is made of it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to make the Lin sheath from rubber, as taught by Goldman, since it is known for preventing scuffing/marring.
Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 20130001348 U) in view of Pass et al. (US 10,173,847 B2) as applied to claim 1 above, and further in view of weld.com, “Every Fabricator's Best Friend | Plate Dog and Wedge”.
Regarding claims 7 and 10, Kwon does not teach:
further comprising a compressive member configured to provide a compressive force between the object disposed between the first support member loading surface or the second support member loading surface in a closed position; and
wherein the compressive member comprises at least one spacer adapted to fill a gap between a lower edge of the second support member and a top surface of the object or an upper edge of the first support member and a bottom surface of the object further securing the object.
Weld.com teaches using a wedge/shim to apply compressive force to the workpieces.
The examiner also notes that using wedges/shims to apply pressure by knocking in the wedge/shim further is one their basic functions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a wedge/shim to apply pressure where the locking parts do not provide sufficient force/contact. Note they could be slipped in between the projections on locking part (21).
Response to Arguments
Applicant's arguments filed 12/15/25 have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In response to applicant's argument that the references, Kwon and Weld.com, arise from non-analogous contexts-shipbuilding automation versus general fabrication tips, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, since both are drawn to clamping of members while welding them and classified in B23K, one of ordinary skill in the art would find them compatible. Furthermore, one of ordinary skill in the art would understand that the Kwon apparatus would useful in any fabrication situation where both sides of the workpieces require work; i.e. one of ordinary skill in the art would not be limited by the disclosed use of an object.
The applicant argues,
“Weld.com does not cure the deficiencies of Kwon because it merely provides informal guidance on fabricating temporary alignment tools from scrap material, which are not elastomeric compressive members or adjustable securing mechanisms as required by claims 7 and 10. Incorporating such improvised devices into Kwon's rotational jig would necessitate a fundamental redesign and relies on impermissible hindsight, as the references address distinct problems and operate in non-analogous contexts-shipbuilding automation versus general fabrication tips.”
Note that claims 7 and 10 do not recite elastomeric compressive members or adjustable securing mechanisms. Additionally, the argument that the incorporation of Weld.com into Kwon necessitates a fundamental redesign is a matter of opinion since no reason has been provided.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS J GAMINO whose telephone number is (571)270-5826. The examiner can normally be reached M-F 9-6.
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, Keith Walker can be reached at 5712723458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS J GAMINO/Examiner, Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735