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 .
This Office Action is in response to the applicant’s amendment filing on 10/17/2025.
Claims 1-20 are pending and examined below.
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 1-17 and 19 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 pre-AIA the applicant regards as the invention.
Regarding claims 2-10 and 16-17 line 1, the phrase “Sealing device according to claim” renders claims 2-10 vague and indefinite because it is unclear what sealing device is being referred to. Claims 2-10 are either directly or indirectly dependent of claim 1. Claim 1 discloses a sealing apparatus. Claim 1 does not disclose a sealing device. For examining purposes, the phrase is interpreted as “Sealing apparatus according to claim”.
Regarding claim 3 line 3, the phrase “of the one or more piezoelectric transducer devices” renders claim 3 vague and indefinite because there is insufficient antecedent basis for this limitation. Claim 3 is dependent of claim 1, and claim 1 discloses a plurality of spaced apart piezoelectric transducer devices. Claim 1 does not disclose one or more piezoelectric transducer devices. For examining purpose, the phrase is interpreted as “of the plurality of spaced apart piezoelectric transducer devices”.
Regarding claim 5 line 9, the phrase “a capacitance of the stacks of piezoelectric elements” render claim 5 vague and indefinite because there is insufficient antecedent basis for this limitation. Claim 5 is dependent of claim 1, and claim 1 discloses piezoelectric transducer devices. Claim 1 does not disclose stacks or piezoelectric elements. For examining purposes, the phrase is interpreted as “a capacitance of the piezoelectric transducer devices”.
Regarding claim 6 line 3, the phrase “of the one or more piezoelectric transducer devices” renders claim 6 vague and indefinite because there is insufficient antecedent basis for this limitation. Claim 6 is dependent of claim 1, and claim 1 discloses a plurality of spaced apart piezoelectric transducer devices. Claim 1 does not disclose one or more piezoelectric transducer devices. For examining purpose, the phrase is interpreted as “of the plurality of spaced apart piezoelectric transducer devices”.
Regarding claim 12 line 4, the phrase “of the one or more piezoelectric transducer devices” renders claim 12 vague and indefinite because there is insufficient antecedent basis for this limitation. Claim 12 is dependent of claim 1, and claim 1 discloses a plurality of spaced apart piezoelectric transducer devices. Claim 1 does not disclose one or more piezoelectric transducer devices. For examining purpose, the phrase is interpreted as “of the plurality of spaced apart piezoelectric transducer devices”.
Regarding claim 15 line 3, the phrase “of the one or more piezoelectric transducer devices” renders claim 15 vague and indefinite because there is insufficient antecedent basis for this limitation. Claim 15 is dependent of claim 13 which is indirectly dependent of claim 1. Claim 1 discloses a plurality of spaced apart piezoelectric transducer devices. Claim 1 does not disclose one or more piezoelectric transducer devices. For examining purpose, the phrase is interpreted as “of the plurality of spaced apart piezoelectric transducer devices”.
Claims 11 and 13-14 are dependent of claim 1 and include all the same limitations.
Regarding claim 19 line 3, the phrase “a capacitance of the stacks of piezoelectric elements” render claim 19 vague and indefinite because there is insufficient antecedent basis for this limitation. Claim 19 is dependent of claim 18, and claim 18 discloses a first and second piezoelectric transducer device. Claim 18 does not disclose stacks or piezoelectric elements. For examining purposes, the phrase is interpreted as “a capacitance of the piezoelectric transducer devices”.
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.
Claims 1-6, 11-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over reference Brormann et al. (7,681,378) in view of references Solenthaler (9,950,823) and Weaver et al. (5,357,423).
Regarding claim 1, Brormann et al. disclose a sealing apparatus (10) for sealing packages filled with a pourable product within packaging machine (col 5 ln 11), wherein the sealing apparatus (10) includes at least one sonotrode comprising at least:
a sonotrode head (12);
a vibration control unit (11) connected to the sonotrode head; and
a sensor device (24) configured to measure, in use, one or more time-dependent electrical parameters.
(Figures 1-2 and Column 5 lines 10-16, Column 6 lines 14-17, 28-31, Column 7 lines 8-13)
However, Brormann et al. do not disclose a plurality of space apart piezoelectric transducer devices and a sensor connected to each piezoelectric transducer.
Solenthaler discloses sonotrode (2) comprising: a sonotrode head (4); and a plurality of space apart piezoelectric transducer devices (11), wherein each piezoelectric transducer device (11) includes a stack of piezoelectric transducer elements (col 7 ln 6). (Figures 1-2 and Column 6 lines 1-3, 10-11, Column 7 lines 2-8)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sonotrode of Brormann et al. to comprise a plurality of space apart piezoelectric transducer devices as taught by Solenthaler, since column 2 lines 8-12 of Solenthaler states such a modification would allow for inexpensive design and uniform welding.
Weaver et al. disclose a system comprising: a transducer (21); a sensor (28) connected to the transducer (21); and analyzing unit (31) configured to process the information from the sensor (28). (Figure 3 and Column 4 lines 12-16, 26-29, 40-44)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sensor of Brormann et al. by having the sensor connected to the transducer as taught by Weaver et al., since column 1 lines 58-60 of Weaver et al. states such a modification would help overcome any variation of power output of transducers.
Since Solenthaler discloses a plurality of piezoelectric transducer devices, and Weaver et al. disclose power output varies from transducer to transducer, when modifying Brormann et al. in view of Solenthaler and Weaver et al., the vibration control unit is interpreted to comprise: a plurality of spaced apart piezoelectric transducer devices configured to generate ultrasonic vibrations to be transferred into the sonotrode head; and a sensor device operatively connected to each of the spaced apart piezoelectric transducer devices and configured to measure, in use, one or more time-dependent electrical parameters of each respective one of the piezoelectric transducer devices.
Regarding claim 2, Brormann et al. modified by Solenthaler and Weaver et al. disclose the electrical parameters are chosen from the group of: electrical current; electrical voltage; and/or electrical power. (Brormann et al. – Column 4 lines 43-50)
Regarding claim 3, Brormann et al. modified by Solenthaler and Weaver et al. disclose the sensor device (Brormann et al. – 24) is configured to determine respective time-dependent curves (Brormann et al. – Figure 2) of the one or more electrical parameters of the plurality of piezoelectric transducer devices (Solenthaler – 11). (Brormann et al. – Figure 2 and Column 7 lines 39-49)
Regarding claim 4, Brormann et al. modified by Solenthaler and Weaver et al. disclose an analyzing unit (Brormann et al. – 19) operatively connected to the sensor device (Brormann et al. – 24) and configured to receive and analyze the time-dependent curves (Brormann et al. – Figure 2). (Brormann et al. – Column 7 lines 5-10, 39-49)
Regarding claim 5, Brormann et al. modified by Solenthaler and Weaver et al. disclose the analyzing unit (Brormann et al. – 19) is configured to compare one or more of the time-dependent curves with references curves, and/or analyze respective shapes of the time-dependent curves. (Brormann et al. – Column 7 lines 19-23, 39-49)
Regarding claim 6, Brormann et al. modified by Solenthaler and Weaver et al. disclose an analyzing unit (Brormann et al. – 19) operatively connected to the sensor device (Brormann et al. – 24) and configured to selectively determine an operating state of the plurality of piezoelectric transducer devices (Solenthaler – 11) in dependence of the respective electrical parameters determined by the sensor device (Brormann et al. – 24). (Brormann et al. – Column 7 lines 5-10, 39-49)
Regarding claim 11, Brormann et al. modified by Solenthaler and Weaver et al. disclose a packaging machine (Brormann et al. – col 5 ln 11) for packaging pourable products into packages comprising at least one sealing apparatus according to claim 1. (Brormann et al. – Column 5 lines 10-14)
Regarding claim 12, Brormann et al. modified by Solenthaler and Weaver et al. disclose a method of operating a sealing apparatus according to claim 1, wherein the method comprises the steps of:
exciting ultrasonic vibrations of the sonotrode head (Brormann et al. – 12) by operating of the plurality of piezoelectric transducer devices (Solenthaler – 11); and
measuring one or more time-dependent electrical parameters of the plurality of piezoelectric transducer devices (Solenthaler – 11).
(Brormann et al. – Column 4 lines 43-50)
(Solenthaler – Column 4 lines 9-14)
(Weaver et al. – Column 1 lines 58-60)
Regarding claim 13, Brormann et al. modified by Solenthaler and Weaver et al. disclose the step of analyzing the electrical parameters. (Brormann et al. – Column 7 lines 19-23, 39-49)
Regarding claim 14, Brormann et al. modified by Solenthaler and Weaver et al. disclose an analyzing unit (Brormann et al. – 19) configured to compare one or more of the time-dependent curves with references curves, and/or analyze respective shapes of the time-dependent curves. (Brormann et al. – Column 7 lines 19-23, 39-49)
Regarding claim 15, Brormann et al. modified by Solenthaler and Weaver et al. disclose the step of determining the remaining life time, and/or the aging, and/or the health, and/or an anomalous working condition of the plurality of piezoelectric transducer devices (Solenthaler – 11). (Brormann et al. – Column 7 lines 39-49)
Regarding claim 16, Brormann et al. modified by Solenthaler and Weaver et al. disclose each of the piezoelectric transducer devices (Solenthaler – 11) comprises a plural of piezoelectric transducer elements. (Solenthaler – Column 7 lines 5-8)
Regarding claim 17, Brormann et al. modified by Solenthaler and Weaver et al. disclose each of the piezoelectric transducer devices (Solenthaler – 11) comprises a stack of piezoelectric transducer elements. (Solenthaler – Column 7 lines 5-8)
Regarding claim 18, Brormann et al. disclose a sealing apparatus (10) for sealing packages filled with a pourable product within packaging machine (col 5 ln 11), wherein the sealing apparatus (10) includes at least one sonotrode comprising at least:
a sonotrode head (12);
a vibration control unit (11) connected to the sonotrode head;
a sensor device (24) configured to measure, in use, one or more time-dependent electrical parameters,
wherein the sensor device (24) is configured to determine respective time-dependent curves (Figure 2); and
an analyzing unit (19) connected to the senor device (24) and configured to receive and analyze the time-dependent curve.
(Figures 1-2 and Column 5 lines 10-16, Column 6 lines 14-17, 28-31, Column 7 lines 8-13, 19-23, 39-49)
However, Brormann et al. do not disclose a first piezoelectric transducer device, and second piezoelectric transducer device, and a sensor connected to each piezoelectric transducer device.
Solenthaler discloses sonotrode (2) comprising: a sonotrode head (4); a first piezoelectric transducer device (11); and a second piezoelectric transducer device (11), wherein each piezoelectric transducer device (11) includes a stack of piezoelectric transducer elements (col 7 ln 6). (Figures 1-2 and Column 6 lines 1-3, 10-11, Column 7 lines 2-8)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sonotrode of Brormann et al. to comprise a a first and second piezoelectric transducer device as taught by Solenthaler, since column 2 lines 8-12 of Solenthaler states such a modification would allow for inexpensive design and uniform welding.
Weaver et al. disclose a system comprising: a transducer (21); a sensor (28) connected to the transducer (21); and analyzing unit (31) configured to process the information from the sensor (28). (Figure 3 and Column 4 lines 12-16, 26-29, 40-44)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sensor of Brormann et al. by having the sensor connected to the transducer as taught by Weaver et al., since column 1 lines 58-60 of Weaver et al. states such a modification would help overcome any variation of power output of transducers.
Since Solenthaler discloses a first and second piezoelectric transducer device, and Weaver et al. disclose power output varies from transducer to transducer, when modifying Brormann et al. in view of Solenthaler and Weaver et al., the vibration control unit is interpreted to comprise: a first and second piezoelectric transducer device configured to generate ultrasonic vibrations to be transferred into the sonotrode head; and a sensor device operatively connected to each piezoelectric transducer device and configured to measure, in use, one or more time-dependent electrical parameters of each respective one of the piezoelectric transducer devices.
Regarding claim 20, Brormann et al. modified by Solenthaler and Weaver et al. disclose each of the first and second piezoelectric transducer devices (Solenthaler – 11) comprises a stack of piezoelectric transducer elements. (Solenthaler – Column 7 lines 5-8)
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over reference Brormann et al. (7,681,378) in view of references Solenthaler (9,950,823) and Weaver et al. (5,357,423) as applied to claim 1 above, and further in view of reference Ertz et al. (2021/0297012).
Regarding claim 7, Brormann et al. modified by Solenthaler and Weaver et al. the claimed invention as stated above, but do not disclose a temperature sensing device.
Ertz et al. disclose a vibration control unit (10) comprising: a piezoelectric transducer device (2); and a temperature sensor (3, 4). (Page 1 paragraph 14, Page 2 paragraph 35)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the apparatus of Brormann et al.by incorporating a temperature sensor as taught by Ertz et al., since page 3 paragraph 37 states such a modification would allow efficient monitoring and influence the temperature of the vibration control unit.
Regarding claim 8, Brormann et al. modified by Solenthaler, Weaver et al., and Ertz et al. disclose an analyzing unit (Brormann et al. – 19) operatively connected to the sensor device (Brormann et al. – 24), wherein the analyzing unit (Brormann et al. – 19) is configured to determine an operating state of the one or more piezoelectric transducer devices (Solenthaler – 11) in dependence of the respective electrical parameters determined by the sensor device (Brormann et al. – 24) and the temperature determined by the temperature sensing device (Soci et al. – 108). (Brormann et al. – Column 7 lines 19-23, 39-49) (Ertz et al. – Page 1 paragraph 14)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over reference Brormann et al. (7,681,378) in view of references Solenthaler (9,950,823) and Weaver et al. (5,357,423) as applied to claim 1 above, and further in view of reference Wuchinich (5,057,182).
Regarding claim 9, Brormann et al. modified by Solenthaler and Weaver et al. the claimed invention as stated above, but do not disclose a housing shell.
Wuchinich discloses device comprising: a housing (345); and a piezoelectric transducer device (306) situated within the housing (345). (Figure 23 and column 15 lines 23-29)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the piezoelectric transducer devices of Solenthaler, incorporated into Brormann et al., by further incorporating the housing as taught by Wuchinich, since column 15 lines 23-29 of Wuchinich states such a modification would help dissipate heat from the piezoelectric transducer devices.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over reference Brormann et al. (7,681,378) in view of references Solenthaler (9,950,823) and Weaver et al. (5,357,423) as applied to claim 1 above, and further in view of reference Cohen (9,266,187).
Regarding claim 10, Brormann et al. modified by Solenthaler and Weaver et al. the claimed invention as stated above, but do not disclose the sensor elements are one or more Hall effect sensors and/or Shunt sensors.
Cohen discloses a device comprising a sensor device (105) configured to measure a time-dependent electrical parameter of said device, wherein the sensor device (105) is a Hall effect sensor or a shunt resistor. (Column 11 lines 54-62)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the apparatus of Brormann et al. by incorporating the Hall effect sensor or the shunt sensor as taught by Cohen, since column 6 lines allow for more accurate measurement of the time-dependent electrical parameter.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over reference Brormann et al. (7,681,378) in view of references Solenthaler (9,950,823) and Weaver et al. (5,357,423) as applied to claim 18 above, and further in view of reference Ertz et al. (2022/0252649).
Regarding claim 19, Brormann et al. modified by Solenthaler and Weaver et al. the claimed invention as stated above, but do not disclose calculating a capacitance of the stacks of piezoelectric elements, an equivalent resistance, an equivalent inductance, and an equivalent capacitance of the electrical circuit representing the sonotrode.
Ertz et al. disclose a process of calculating: the capacitance (Csw) of an piezoelectric element (10), the equivalent resistance (Rm), the equivalent inductance (Lm), and the equivalent capacitance (Cm). (Figures 5-6 and Page 2 paragraph 23, Page 3 paragraphs 28, 31, 36, 37, 40, Page 6 paragraph 80)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified analyzing unit of Brormann et al. by incorporating the calculation of the equivalent resistance, an equivalent inductance, and an equivalent capacitance and taught by Ertz et al., since page 1 paragraph 6 of Ertz et al. states such a modification would allow for better control of the quality and reproducibility of a weld seam.
Response to Arguments
The Amendments filed on 10/17/2025 have been entered. Claims 1-20 are pending in the application.
In response to the arguments of the rejections under 35 U.S.C. 112(b), Examiner finds the arguments not persuasive.
Applicant states:
Withdrawal of the claim rejection based on 35 U.S.C. § 112(b) is respectfully requested.
The amendments to the claims only addressed the 112(b) rejection towards claim 1. The amendments did not address the 112(b) rejections towards claims 2-10 nor the additional rejection towards claim 5. Therefore, the 112(b) rejections are maintained.
In response to the arguments of the rejections under 35 U.S.C. 102(a)(1) with reference Watts (10,913,211), in view of the amendments to the claims, Examiner withdraws the 102 rejections. However, upon further consideration, a new ground(s) of rejection is made in view of reference Brormann et al. (7,681,378) modified by references Solenthaler (9,950,823) and Weaver et al. (5,357,423).
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 PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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/PATRICK B FRY/Examiner, Art Unit 3731 January 22, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731