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 .
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 9-11 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 9 recites, “the one or more mold pieces including an integral upper mold piece and an integral lower mold piece”. It is unclear as to how one mold piece can include upper and lower mold pieces.
Claim 10 recites “the riser section includes a trapezoidal cross-sectional shape as viewed perpendicularly to vertical”. It is unclear as to how the riser section can include any other shape when the figures clearly show the riser section is a trapezoidal cross-sectional shape as viewed perpendicularly to vertical; i.e. the riser section is disclosed as being only one shape.
Claim Rejections - 35 USC § 102
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, 3, 6, 7, 9-11, and 17-19 are rejected under 35 U.S.C. 102a1 as being anticipated by Foutz et al. (US 5,653,279).
Regarding claim 1, Foutz discloses:
An exothermic welding container [mold (10); figures 1-3] comprising:
a first container piece [lower mold part (11)], integrally formed as a lower container piece that internally defines a first weld cavity portion [chamber (31)]; and
a second container piece [upper mold part (12)], integrally formed as an upper container piece that internally defines:
a crucible chamber [crucible chamber (47)], with an upper opening to receive weld material [mixture (53)] for exothermic reaction within the crucible chamber [see figure 1];
a tap hole [tap hole (55)] that extends from a lower end of the crucible chamber and defines a tap hole width [tap hole (55) has a width]; and
a second weld cavity portion, including a riser section [riser section (44a); see annotated figure 1 below] and a lower section [lower section (44b); see annotated figure 1 below], the riser section extending from a lower end of the tap hole toward the lower section with an inward taper from an upper riser width toward the lower section [the right side of the riser section tapers causing an inward taper];
the exothermic welding container being a substantially-horizontal split welding container [the mold parts are split along horizontal parting plane (13)], with the first and second container pieces separable, at a substantially horizontal split plane along the first weld cavity portion and the lower section of the second weld cavity portion, to an open configuration in which the first weld cavity portion and the second weld cavity portion are open to receive one or more conductors [see figures 1-3]; and
in an assembled configuration, the first and second container pieces being aligned along the substantially horizontal split plane so that the first and second weld cavity portions collectively define a weld cavity of the exothermic welding container to receive and contain molten metal from reaction of the weld material in the crucible chamber, with one or more conductor channels [there are three channels, two that receive conductor (40) and one that receives rod (42)] for the one or more conductors extending into the exothermic welding container to intersect the weld cavity [see figures 1-3].
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Regarding claim 3, Foutz discloses:
wherein the one or more conductor channels include a plurality of conductor channels [there are three channels, two that receive conductor (40) and one that receives rod (42)].
Regarding claim 6, Foutz discloses:
wherein along a vertical cross section, the riser section has a trapezoidal cross-sectional shape [riser section (44a) is a quadrilateral with the top and bottom sides being parallel].
Regarding claim 7, Foutz discloses:
wherein along the vertical cross section, the lower section has a rectangular cross-sectional shape [lower section (44b) is rectangular].
Regarding claim 9, Foutz discloses:
An exothermic welding container [mold (10); figures 1-3] comprising one or more mold pieces that define:
a crucible chamber [crucible chamber (47)];
a weld cavity [weld chamber (44)] including a riser section [riser section (44a); see annotated figure 1] ;
a tap hole [tap hole (55)] extending between the crucible chamber and the riser section of the weld cavity to transfer molten metal by gravity from the crucible chamber to the weld cavity [see figure 1]; and
one or more channels that intersect the weld cavity [there are three channels, two that receive conductor (40) and one that receives rod (42)], spaced apart from the tap hole by at least the riser section [see figures 1-3];
the one or more mold pieces including an integral upper mold piece [upper mold part (12)] and an integral lower mold piece [lower mold part (11)] that are separated along a substantially horizontal split plane [the mold parts a split along horizontal parting plane (13)] that extends through the weld cavity and the one or more channels [see figures 1-3];
the riser section of the weld cavity having a width that increases over a vertical rise away from the one or more channels [the right side of the riser section tapers causing the width to increase over a vertical rise],
the integral upper mold piece including the tap hole, the riser section and the crucible chamber [see figure 1].
Regarding claim 10, Foutz discloses:
wherein the riser section includes a trapezoidal cross-sectional shape as viewed perpendicularly to vertical [riser section (44a) is a quadrilateral with the top and bottom sides being parallel].
Regarding claim 11, Foutz discloses:
wherein the weld cavity includes a lower section with a rectangular cross-sectional shape as viewed perpendicularly to vertical [lower section (44b) is rectangular].
Regarding claim 17, Foutz discloses:
An exothermic welding container [mold (10); figures 1-3] comprising:
an upper welding container [upper mold part (12)] and a lower welding container [lower mold part (11)], separated along a substantially horizontal split plane [the mold parts are split along horizontal parting plane (13)];
a weld cavity with a top section [riser section (44a); see annotated figure 1] and a bottom section [chamber (31)]; and
a tap hole [tap hole (55)] that intersects the top section of the weld cavity to convey molten metal into the weld cavity by gravity [see figure 1];
the top section having a width that increases over a vertical rise away from the bottom section to extend wider than the tap hole [the right side of the riser section tapers causing the top of the riser section to be wider than the tap hole];
the upper welding container including the top section of the weld cavity [see figure 1]; and
the lower welding container including the bottom section of the weld cavity [see figure 1].
Regarding claim 18, Foutz discloses:
wherein the top section has a trapezoidal cross-sectional shape as viewed perpendicularly to vertical [riser section (44a) is a quadrilateral with the top and bottom sides being parallel].
Regarding claim 19, Foutz discloses:
wherein the bottom section is configured to retain the molten metal around conductors received into the weld cavity to provide a weld with a first weld width [see figure 1]; and
the top section is configured to receive slag that is floating on the molten metal across a greater width than the first weld width [since riser section (44a) is structurally identical to the claimed top section then the riser section is configured to achieve the claimed result].
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Foutz et al. (US 5,653,279) as applied to claim 1 above, and further in view of Stidman et al. (US 2009/0173873 A1).
Regarding claim 4, Foutz does not teach:
wherein the plurality of conductor channels includes parallel conductor channels.
Stidman teaches mold (M) comprising parallel conductor channels; see 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 any number of additional parallel channels, like those of Stidman, in order to make a desired weldment/connection.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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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