(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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that uses the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
(i) holding part (claim 2),
(ii) objection detection unit (claims 3, 4),
(iii) temperature detection unit (claims 7, 8), because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitation
(i) holding part (claim 2),
(ii) objection detection unit (claims 3, 4),
(iii) temperature detection unit (claims 7, 8), has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
(i) holding part (claim 2), US2024/0334559, figure 3, holding part 25, 0061, the holding part 25 is a portion that can be gripped by the operator. The holding part 25 is composed of an insulating member such as resin, but may be made of metal
(ii) objection detection unit (claims 3, 4), figures 5, 6, object detection unit 40, 0103, object detection unit 40 detects a contact of the contact surface 23 with the heating object; 0122, object detection unit 40 includes the first pressure sensor 40A and the second pressure sensor 40B
(iii) temperature detection unit (claims 7, 8), figures 5, 6, temperature detection unit 41, 0106, temperature detection unit 41 may be a temperature sensor
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-13 are rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 2023/0254949) in view of Warren (US 2,783,349) and Yamamoto (JP2017050147). An English machine translation of Yamamoto (JP2017050147) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Aizawa teaches a heating apparatus (title, abstract) comprising: a first electrode (Figs 1-4, first electrode 30, 0023); a second electrode disposed surrounding (second electrode 40, 0024) the first electrode in plan view from a first direction toward a heating object (substrate 110, 0028); a first conductor (Fig 2, first electric wire 75, 0024) including a coil (coil 50) and configured to electrically couple a transmission line (internal conductor 70, 0024) configured to transmit a high-frequency voltage (voltage application unit 80, 0024) and the first electrode (30); a second conductor (coupling member 43, 0024) configured to electrically couple the transmission line (70) and the second electrode (40); and a housing covering (Fig 1, case portion 300, top surface, 0020) at least a part of the first electrode and the second electrode, and at least a part of the first conductor and the second conductor (electrode unit 20, 0016), the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage (0031, 0034), and a housing case (case portion 300, side surfaces).
Aizawa discloses the claimed invention except for the housing includes a contact part including a contact surface configured to come into contact with the heating object and a housing case constituting an inner space configured to house the first electrode and the second electrode together with the contact part, and the housing case has an insulating property.
However, Warren discloses the housing (Figs 1-3, tunnel 11a, Col 2) includes a contact part including a contact surface (Figs 1, 4, filler block 48a, Col 2) configured to come into contact with the heating object (wooden strips 19A, Col 2) and a housing case (tunnel 11a) constituting an inner space configured to house the first electrode and the second electrode (heating electrode 15a, platen electrode 16A, Col 2, Lines 51-63) together with the contact part (48a) 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 heating apparatus of Yamamoto silent to a housing silent to the recited contact part with the housing includes a contact part including a contact surface configured to come into contact with the heating object and a housing case constituting an inner space configured to house the first electrode and the second electrode together with the contact part of Warren for the purpose of providing a known contact configuration that applies a lateral load to the heating object to allow the heating object to be held securely in place during heating (Col 2, Lines 67-70).
Additionally, Yamamoto disclose the housing case has an insulating property (Figs 1-3, support columns 22 made of insulating material, 0028) 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 heating apparatus of Yamamoto in view of Warren having a housing silent to an insulating material with the housing case has an insulating property of Yamamoto for the purpose of using a known insulating material that is suitable for housing used in dielectric heating.
With respect to the limitations of claims 2, 3, 4, 6 and 7, Aizawa in view of Warren and Yamamoto discloses further comprising a holding part (Yamamoto, Fig 2, link 18, 0028) configured to be gripped by an operator (Yamamoto, robot arm 10, 0027), the holding part is coupled to the housing case, and insulated (Yamamoto, 0028, support columns 22 made of insulating material) from the housing case;
further comprising an object detection unit configured to detect a contact of the contact part with the heating object (Yamamoto, Fig 6, distance sensor 52, force sensor 51, 0027), wherein the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to the application of the high-frequency voltage when the object detection unit detects the contact of the contact part with the heating object (Yamamoto, 0034);
the object detection unit includes a temperature sensor (Yamamoto, Fig 6, temperature sensor 53, 0034) configured to detect a temperature of the heating object;
further comprising: a temperature detection unit configured to detect a temperature (Yamamoto, Fig 6, temperature sensor 53, 0034); and a control unit, wherein the control unit controls (Yamamoto, Fig 1, control device 61, 62, 0034) the generation of the electromagnetic waves by the first electrode and the second electrode based on a detection result of the temperature detection unit.
With respect to the limitations of claim 4, Aizawa teaches a heating apparatus (title, abstract) comprising: a first electrode (Figs 1-4, first electrode 30, 0023), a second electrode disposed surrounding (second electrode 40, 0024) the first electrode in plan view from a first direction toward the heating object (substrate 110, 0028); a first conductor (Fig 2, first electric wire 75, 0024) including a coil (coil 50) and configured to electrically couple a transmission line (internal conductor 70, 0024) configured to transmit a high-frequency voltage (voltage application unit 80, 0024) and the first electrode (30); a second conductor (coupling member 43, 0024) configured to electrically couple the transmission line (70) and the second electrode (40); the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage (0031, 0034).
Aizawa discloses the claimed invention except for a contact part including a contact surface configured to come into contact with a heating object; a first electrode; and an object detection unit configured to detect a contact of the contact part with the heating object, wherein the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage when the object detection unit detects the contact of the contact part with the heating object.
However, Warren discloses a contact part including a contact surface (Figs 1, 4, filler block 48a, Col 2) configured to come into contact with a heating object (wooden strips 19A, Col 2) 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 heating apparatus of Yamamoto silent to the recited contact part with a contact part including a contact surface configured to come into contact with a heating object of Warren for the purpose of providing a known contact configuration that applies a lateral load to the heating object to allow the heating object to be held securely in place during heating (Col 2, Lines 67-70).
Additionally, Yamamoto discloses an object detection unit configured to detect a contact of the contact part (Fig 6, distance sensor 52, force sensor 51, 0027) with the heating object, the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage when the object detection unit detects the contact of the contact part with the heating object (0034, changes its orientation so that it contacts the surface of the low-temperature area parallel to the surface with a predetermined pressure, based on the detection results of the distance sensor 52 and the force sensor 51, after this, the heating process will resume) 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 heating apparatus of Aizawa in view of Warren silent to the recited object detection unit with the object detection unit configured to detect a contact of the contact part with the heating object, the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage when the object detection unit detects the contact of the contact part with the heating object of Yamamoto for the purpose of using known contact sensor configurations that regulates heating based on proper contact with heating object.
With respect to the limitations of claim 5, Yamamoto discloses the object detection unit includes a first pressure sensor and the first pressure sensor (force sensor 51) is configured to detect the contact of the contact part with the heating object. Aizawa in view of Warren and Yamamoto discloses the claimed invention except for the object detection unit includes a second pressure sensor. 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 duplicate the first pressure sensor, since it has been held that a mere duplication working parts of a device involves only routine skill in the art (see MPEP 2144.04).
With respect to the limitations of claim 8, Aizawa teaches a heating apparatus (title, abstract) comprising: a first electrode (Figs 1-4, first electrode 30, 0023); a second electrode disposed surrounding (second electrode 40, 0024) the first electrode in plan view from a first direction toward the heating object (substrate 110, 0028); a first conductor (Fig 2, first electric wire 75, 0024) including a coil (coil 50) and configured to electrically couple a transmission line (internal conductor 70, 0024) configured to transmit a high-frequency voltage (internal conductor 70, 0024) and the first electrode (30); a second conductor (coupling member 43, 0024) configured to electrically couple the transmission line (70) and the second electrode (40); and a control unit (control unit 500, 0016), the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage (0031, 0034) and the control unit controls the generation of the electromagnetic waves by the first electrode and the second electrode (0018).
Aizawa discloses the claimed invention except for comprising a contact part including a contact surface configured to come into contact with a heating object; a temperature detection unit configured to detect a temperature; the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage and the control unit controls the generation of the electromagnetic waves by the first electrode and the second electrode based on a detection result of the temperature detection unit.
However, Warren discloses a contact part including a contact surface (Figs 1, 4, filler block 48a, Col 2) configured to come into contact with a heating object (wooden strips 19A, Col 2) 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 heating apparatus of Yamamoto silent to the recited contact part with a contact part including a contact surface configured to come into contact with a heating object of Warren for the purpose of providing a known contact configuration that applies a lateral load to the heating object to allow the heating object to be held securely in place during heating (Col 2, Lines 67-70).
Additionally, Yamamoto discloses a temperature detection unit configured to detect a temperature (Fig 6, temperature sensor 53, 0034), the first electrode and the second electrode (Figs 1-3, first electrode 23, second electrode plate 31, 0028, 0029) are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage (high-frequency generation unit 40, 0026) and the control unit controls the generation of the electromagnetic waves by the first electrode and the second electrode based on a detection result of the temperature detection unit (temperature sensor 53, control device 61, 62, 0034) 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 heating apparatus of Aizawa in view of Warren silent to the recited temperature detection unit with the temperature detection unit configured to detect a temperature, the first electrode and the second electrode are configured to heat the heating object by generating electromagnetic waves in response to application of a high-frequency voltage and the control unit controls the generation of the electromagnetic waves by the first electrode and the second electrode based on a detection result of the temperature detection unit of Yamamoto for the purpose of using a known temperature sensor configurations that regulates heating based on detected temperature of the heating object.
With respect to the limitations of claims 9, 10, 11, 12 and 13, Aizawa in view of Warren and Yamamoto discloses the temperature detection unit detects a temperature of the heating object (Yamamoto, temperature sensor 53, 0034);
the temperature detection unit (Yamamoto, temperature sensor 53) detects a temperature of the coil (Aizawa, coil 50);
the temperature detection unit (Yamamoto, temperature sensor 53, 0034) detects a temperature of an electromagnetic clamp (Yamamoto, Fig 12, clamping section 19, 0041) provided in the transmission line (Aizawa, internal conductor 70);
the control unit controls a high-frequency voltage to be applied to the first electrode and the second electrode based on the detection result of the temperature detection unit and the high-frequency voltage to be applied to the first electrode and the second electrode (Yamamoto, temperature sensor 53, 0034);
when a temperature detected by the temperature detection unit exceeds a threshold value, the control unit performs a control to stop the generation of the electromagnetic waves by the first electrode and the second electrode (Yamamoto, 0034, if there is a low-temperature area, it temporarily interrupts the heating operation).
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].
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, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 10/8/2026
