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 .
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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “1”, “2”, “3“, “4”, “5”, “6”, “7”, “8”, “9”, have been used to designate both the continuous casting machine and its parts such as the laser transmitter, laser receiver, controller, manual valve, electromagnetic valve, slab, traction machine (fig 1) and spray nozzles 1-9 (fig 2). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-5 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.
Regarding claim 1, it is unclear whether the claim is intended to claim an apparatus or a method. The preamble of the claim in lines 1-2 recites that the claim is to “A continuous rolling temperature control apparatus for high-flux continuous casting and direct rolling of a continuous aluminum alloy cast slab,” however, in line 25, the claim requires “a control process of the apparatus comprises the following steps.”
Note that a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). MPEP 2173.05(p)(II).
For examination purposes, the claim is treated as an apparatus claim, and the process steps are treated as functional claim language of the apparatus.
The term “high flux” in claim 1 is a relative term which renders the claim indefinite. The term “high flux” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites the phrase “’HC3, HC4’ type steel belts”. It is unclear what “HC3” and “HC4” stand for. Furthermore, the addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955). MPEP 2173.05(b)(III)(E).
Regarding claim 1, the phrase "but not limited to" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 113549797, cited in IDS filed 8/18/24) in view of Tanaka (JP H11-57964A) and Zhang (CN 106513617 A).
See US 11674202 B2 for an English Language equivalent of Guan (CN 11354979 A).
Regarding claim 1, Guan teaches a continuous rolling temperature control apparatus for high-flux continuous casting and direct rolling of a continuous aluminum alloy cast slab (abstract), comprising a continuous casting machine (col 3 lines 45-55, injecting melt into two oppositely rotating “HC3, HC4” steel belts), a spraying head (col 3 lines 55-60, spray temperature control system implies coolant is sprayed from a head), a controller (col 3 lines 55-60, spray temperature control system), a spraying system (col 3 lines 55-60, spray temperature control system implies a spray system), a first infrared temperature measuring system (col 3 lines 55-60, online infrared thermometer), wherein the continuous casting machine comprises two “HC3, HC4” type steel belts (col 3 lines 45-55), a liquid-state aluminum alloy metal melt is cooled and solidified after going through the continuous casting machine to form a continuous cast slab (functional limitation, col 3 lines 45-60, aluminum melt is cast), a movement direction of the continuous cast slab is controlled by a lifting table (col 3 lines 55-67, arc roller table) so that the continuous cast slab extends into a triple continuous rolling machine (col 3 lines 60-67, triple rolling system).
Guan teaches an on-line infrared thermometer, quiet as to whether there is a second thermometer. However, as Guan suggests controlling the temperature to be within a range, in an on-line system, it would have been obvious to one of ordinary skill in the art to provide additional infrared thermometers so as to measure temperature at various positions throughout the on-line process. Note that the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). 2144.04(VI)(B).
Guan fails to teach a through-beam laser transmitter K, a through-beam laser receiver G, the slab passes through an interior of a traction machine, and the through-beam laser transmitter K and the through-beam laser receiver G are arranged between the continuous casting machine and the traction machine; the through-beam laser transmitter K and the through-beam laser receiver G are connected to the controller through wires.
Tanaka teaches a method and apparatus for detecting, determining, and preventing bulging of cast slabs in a continuous casting facility (paragraph [0001]). Tanaka teaches providing a non-contact distance sensor, such as a laser sensor, to measure the displacement of the upper surface of the cast slab between the rolls (paragraph [0012]). By measuring the bulging between pinch rolls in the pinch roll zone and changing the casting conditions, including casting speed and spray cooling water volume, excessive bulging can be suppressed, preventing damage to equipment beyond the pinch roll zone (paragraph [0014]). The laser sensor radiates a laser from the sensor head, strikes the cast piece, becomes diffusely reflected light, passes through a filter, and is then focused by a photodiode and transmitted to a light-receiving circuit (paragraph [0019]), to be processed by a calculation processing device such as a personal computer (paragraph [0015]).
It would have been obvious to one of ordinary skill in the art to modify Guan so as to include a laser sensor and receiver, for measuring bulges in the cast strip as the strip travels between the continuous casting device and the rolling machine via pinch rolls (construed as traction device), as Tanaka teaches the system can detect bulging early, easily, and accurately and prevent accidents caused from bulging from happening (paragraph [0011]).
The combination is quiet to the spraying system comprises a manual valve, a first electromagnetic valve, a second electromagnetic valve and a spraying head; the manual valve, the first electromagnetic valve and the second electromagnetic valve are all electrically connected to the controller; the outlet ends of the manual valve, the first electromagnetic valve and the second electromagnetic valve are all connected to the same spraying head through a pipeline, and the spraying head is provided in multiple groups; infrared temperature measuring systems include an infrared temperature measuring device arranged at the spraying system and an infrared temperature measuring device arranged in front of a third rolling unit of the triple continuous rolling machine; a cooling liquid used in the spraying system is a lubricating metal-cooling liquid.
Zhang teaches an apparatus and method for improving the quality of billets produced in continuous casting (paragraph [0002]). Zhang teaches continuous casting including multiple casting and rolling mill stands arranged along the casting flow direction (paragraph [0010]) and an active regulating secondary cooling water control device (paragraph [0010]). Zhang teaches of real-time measurement of the billet surface temperature at various locations, including billet bend outlet section, billet arc section, before straightening, after straightening, and secondary cooling outlet position (paragraph [0013], see figure 1, including at 13d which is after straightening and in front of the rolling mill 18). The active adjustment secondary cooling water controller includes a regulating valve, flow meter, and a nozzle (paragraph [0069]. The real-time surface temperature measurement device periodically transmits the surface temperature of the billet at the installation location to the PLC, which then transmits it in real time to the cooling water control (paragraph [0082]). The adjustment device calculates the water spray width based on parameters such as cross-section, casting speed, cooling strategy, etc (paragraph [0084]).
It would have been obvious to one of ordinary skill in the art to modify the temperature measuring and spraying system of the combination so as to include the teachings of Zhang, such as active adjustment of cooling water control based on real-time measurement of billet surface temperature and nozzle spray width (paragraph [0034]), as Zhang teaches that the quality of billets can be improved (paragraph [0008]).
Note that although Zhang is not specific to three valves, a manual valve and two electromagnetic valves, it would have been obvious to include a plurality of valves for a plurality of nozzles. Note that Zhang shows plural nozzles in figure 10. Note that the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). 2144.04(VI)(B). It would have been obvious to make the valves electromagnetic, so that all the valves are controlled by the controller/PLC.
Regarding the limitations of “the aluminum alloy continuous cast slab produced by the continuous casting and direct rolling comprises, but not limited to, 5052-aluminum alloy, (3003+Zn)-aluminum alloy, 1080-aluminum alloy and 8011-aluminum alloy,” note that the specific type of alloy produced in the apparatus is a material worked upon by the apparatus, which does not impart patentability to the claims. Note that the claims are directed to the apparatus for continuous casting and direct rolling.
Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). MPEP 2115.
Regarding the limitation of “the control process of the apparatus comprises the following steps,” note that the claim is directed to an apparatus, and not the method, and that the following method steps are considered as functional claim language of the apparatus. See MPEP 2114(I) and (II).
The step of S1 is capable of being performed by the apparatus as the combination teaches an infrared temperature measuring device (Guan’s on-line temperature measurement system).
The step of S2 is capable of being performed by the apparatus as the combination teaches a lifting device (Guan’s arc roller table), a traction device (Tanaka’s pinch rollers), and the rolling machine (Guan’s triple rolling machine).
The step of S3 is capable of being performed by the apparatus as the combination teaches a laser transmitter (Tanaka’s laser sensor), receiver (Tanaka’s laser receiving circuit), and spraying system (Guan, Tanaka, and Zhang disclose spraying in response to measurements).
The step of S4 is capable of being performed by the apparatus as the combination teaches an infrared temperature measuring device (Guan’s temperature measurement system, Zhang multiple temperature measurement locations).
The step of S5 is capable of being performed by the apparatus as the combination teaches an infrared temperature measuring device (Guan’s temperature measurement system, Zhang multiple temperature measurement locations) and a spraying system (Guan, Zhang, spraying in response).
The step of S6 is capable of being performed by the apparatus as the combination teaches a spraying device (Zhang, valves to control nozzle for spraying).
Regarding claim 2, note above where the claim is directed to “the 5052-aluminum alloy” and the parameters during the process.
As discussed above, the 5052 aluminum alloy is a material worked by the apparatus, and does not impart patentability to the claims. See MPEP 2115. Additionally, note that the parameters further limit the process steps. However, the claim is directed to an apparatus and not the process, and the process steps have been taken to be functional limitations. It is further noted that the claim narrows the 5052-aluminum alloy embodiment, however, the apparatus, as claimed in claim 1, is not limited to producing the 5052-aluminum alloy.
Regarding claim 3, note above where the claim is directed to “the (3003+Zn)-aluminum alloy” and the parameters during the process.
As discussed above, the (3003+Zn) aluminum alloy is a material worked by the apparatus, and does not impart patentability to the claims. See MPEP 2115. Additionally, note that the parameters further limit the process steps. However, the claim is directed to an apparatus and not the process, and the process steps have been taken to be functional limitations. It is further noted that the claim narrows the (3003+Zn)-aluminum alloy embodiment, however, the apparatus, as claimed in claim 1, is not limited to producing the (3003+Zn)-aluminum alloy.
Regarding claim 4, note above where the claim is directed to “the 1080-aluminum alloy” and the parameters during the process.
As discussed above, the 1080 aluminum alloy is a material worked by the apparatus, and does not impart patentability to the claims. See MPEP 2115. Additionally, note that the parameters further limit the process steps. However, the claim is directed to an apparatus and not the process, and the process steps have been taken to be functional limitations. It is further noted that the claim narrows the 1080-aluminum alloy embodiment, however, the apparatus, as claimed in claim 1, is not limited to producing the 1080-aluminum alloy.
Regarding claim 5, note above where the claim is directed to “the 8011-aluminum alloy” and the parameters during the process.
As discussed above, the 8011 aluminum alloy is a material worked by the apparatus, and does not impart patentability to the claims. See MPEP 2115. Additionally, note that the parameters further limit the process steps. However, the claim is directed to an apparatus and not the process, and the process steps have been taken to be functional limitations. It is further noted that the claim narrows the 8011-aluminum alloy embodiment, however, the apparatus, as claimed in claim 1, is not limited to producing the 8011-aluminum alloy.
Conclusion
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/JACKY YUEN/
Examiner
Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
Prosecution Insights