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 .
Election/Restrictions
Applicant’s election without traverse of Claim 1-9 in the reply filed on 6/9/2026 is acknowledged.
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.
Claim 7 is 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.
Examiner notes “a press abutment prepared in such a way that a lateral displacement and/or deformation of the press abutment takes place by application of a compressive force by the pressing device to the workpiece” is merely considered to state the press abutment is compressible. If Applicant desires a different interpretation, they should clarify the language. Further, the language “ the pressing device is set up in such a way that a prestressing force can be built up to a supporting frame element during a pressing operation” is unclear. Examiner assume any stress that may be applied to a frame during pressing reads on this limitation but requires clarification.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kodama et al. (WO 2016/114328).
Examiner notes the “and/or” throughout the claims mean only one such element is required.
Regarding Claims 1 and 2, Kodama et al. teaches a high-temperature joining furnace for diffusion bonding of joining workpieces (See pages 12-13, paragraph [0039], teaching pressure and heat bonding metal substrates [W1], [W2] in a chamber, reasonably a high temperature joining furnace, in a process that is reasonably diffusion bonding, i.e. direct bonding under heat and pressure; and note the preamble denotes an intended use and the device is certainly capable of diffusion bonding), comprising:
a heating chamber [40] (See page 12, paragraph [0039] and Fig. 3, wherein heating occurs within chamber [40] thus making it a heating chamber),
a workpiece holder [20] arranged in the heating chamber for holding a workpiece [W1] to be processed in the joining furnace, and a pressing device [70] arranged and prepared to apply a pressing force to the workpiece [W1], the pressing device [70] comprising a press plate [30] for uniformly applying the pressing force to the workpiece [W1] (See page 23, paragraph [0081], wherein first holding unit [30], which is a plate, is moved up for pressing by pressurization unit [70], i.e. the pressing device, and thus is a press plate as claimed), wherein the press plate [30] is equipped with a press plate heating device [32] for heating the press plate and/or the workpiece (See page 20, paragraph [0070] and Fig. 8, wherein an integral heating unit [32] integrated within plate [30] clearly heats said plate workpiece [W1], [W2], and thus is a press plate heating device as claimed).
Regarding Claims 3-4, Kodama et al. teaches the heat is a sheathed heater or ceramic heater, each of which are implicitly electrically operable or current driven, and which conduct heat through the plate in which they are embedded (See page 13, paragraph [0042] and page 20, paragraph [0071]). Although not explicitly teaching a “flexible connector,” this reads on any standard power cord. A power cord is implied or at least would have been obvious to supply power to the sheathed heater or ceramic heater, and to unplug and move the device as required.
Regarding Claim 5, Kodama et al. teaches a plurality of press punches [81], which are distinct supports associated with pressing (See Fig. 3 and page 11, paragraph [0037]).
Regarding Claim 6, Kodama et al. teaches the press is held by a support of the frame [10], and thus support by said structure (See page 12, paragraph [0037] and Fig. 3).
Regarding Claim 7, Kodama et al. clearly teaches the holder [20] as a counter pressing element (See Fig. 20, showing pressing into said element [20]).
Regarding Claim 8, this claim merely requires the press have a capability of carrying out this function, which Kodama et al. clearly teaches (See page 26, paragraph [0094]-[0094], teaches heating to 400 C thus implying a capability to heat to at least this temperature). Note Claim 8 is essentially non-limiting as it allows heating below 1200 C, i.e. 0 C, and over 80 C, i.e. up to infinity, and thus any temperature heating capability satisfies the claims.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kellogg et al. (US 5,883,361)
Regarding Claims 1, 2, 5 and 9, Kellogg et al. teaches a high-temperature joining furnace for diffusion bonding of joining workpieces (See Abstract, teaching a press and hot furnace for diffusion bonding workpieces), comprising:
a heating chamber [20] with a furnace heating device emitting radiant heat (See Fig. 2 and col. 4, lines 6-16, teaching a radiation source for heating the vessel [20], i.e. chamber, a radiation heating source clearly providing radiant heat),
a workpiece holder [61b] arranged in the heating chamber for holding a workpiece to be processed in the joining furnace, and a pressing device [30] including a hydraulic device [33] arranged and prepared to apply a pressing force to the workpiece (See col. 4, lines 26-30), the pressing device [30] comprising a press plate [61a] for uniformly applying the pressing force to the workpiece, wherein the press plate [61a] is equipped with a press plate heating device [70] for heating the press plate and/or the workpiece (See Fig. 10 and col. 5, lines 31-51, and note it’s clear the press applies uniform pressure to implement diffusion bonding of workpieces, and the heating device [70] is disposed between workpiece side layer [64] and press side layer [63]).
Regarding Claims 3-4, Kellogg et al. teaches the heat is a resistance heating element electrically heated and connected with flexible connectors [77] (See col. 6, lines 13-29, wherein the spring connectors are flexible metal sheet to electrically connect the heater [70]).
Regarding Claim 6, Kellogg et al. illustrated an upper structure supporting the press that clear suspend the hydraulic drive [33], which is a frame supporting the press as claimed (See Fig. 1).
Regarding Claim 7, Kellogg et al. clearly teaches the holder [61b] as a counter pressing element (See Fig. 2).
Regarding Claim 8, Kellogg et al. implies a high heating temperature to perform the intended heating due to the diffusion bonding desired and the TZM molybdenum plates used for bonding, which are expensive and know for high temperature heating suitability (See col. 5, lines 31-42). Note Claim 8 is essentially non-limiting as it allows heating below 1200 C, i.e. 0 C, and over 80 C, i.e. up to infinity, and thus any temperature heating capability satisfies the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT W DODDS whose telephone number is (571)270-7653. The examiner can normally be reached M-F 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 5712705038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT W DODDS/Primary Examiner, Art Unit 1746
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