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 41 and 52-53 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.
With respect to claim 41, feature “a working surface of the sonotrode” (line 6 in the bringing step) is ambiguous because it is unclear whether this working surface is different from “a curved working surface” previously recited in lines 3-4. There should be proper antecedent basis and if Applicant intends to specify two distinct working surfaces, then they should be clearly defined. The recited conflicting language fails to clearly set forth the scope, rendering the claim indefinite. Based on original specification and figures, the working surface of the sonotrode is curved in at least one portion. For purpose of examination and in accordance with broadest reasonable interpretation consistent with the specification, the claim is taken to mean: bringing the curved working surface of the sonotrode into contact with the workpiece.
With respect to claims 52-53, feature “a working surface of the sonotrode” (in the bringing step) is ambiguous and renders the claims indefinite in scope for same reasons explained above. Based on original specification and figures, the working surface of the sonotrode is curved in at least one portion. For purpose of examination, the claims are taken to mean: bringing the curved working surface of the sonotrode into contact with the workpiece.
Appropriate correction is requested.
Claim Rejections - 35 USC § 102
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 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 41-42, 51 and 53 are rejected under 35 U.S.C. 102(a)(1) as anticipated by OR, in the alternative, under 35 U.S.C. 103 as obvious over Widhalm (US 8651163).
Regarding claim 41, Widhalm discloses a method for ultrasonic welding a workpiece (figs. 1-2), comprising the steps of: providing a horn/sonotrode 200 (fig. 2) and a workpiece 107-113 (figs. 1b-c), the sonotrode 200 having a curved working surface 201 (fig. 2b) which is provided with grooves 207 (fig. 2c); bringing into contact a working surface of the sonotrode with the workpiece (figs. 1a-1d), exciting the sonotrode to vibrate so that the workpiece is welded (col. 1, lines 10-20; col. 3, lines 44-51), wherein the material of the workpiece is at least partially softened and displaced along the grooves of the working surface, so that particles are incorporated into an accumulation of material by the material flow, which is formed by plastically deformed material along the grooves (col. 2, lines 44-49; col. 3, lines 30-43).
Alternatively, in the event Applicant argues that particles may not be incorporated into an accumulation of the material flow, Widhalm teaches that sonotrode grooves/protrusions are structured, shaped and sized to generate high degree of plastic deformations within the components being joined, significantly reinforcing the solid-state atomic bonds in the weld zone, thereby creating robust and durable weld joints (col. 2, lines 44-49). Therefore, it would have been obvious to one of ordinary skill in the art to have the material displace along the grooves and ensure particle mixing into an accumulation of the material flow in Widhalm with a motivation to generate high degree of plastic deformations, significantly reinforcing the atomic bonds in the weld zone, thereby creating robust and durable weld joints, as desired by Widhalm.
As to claim 42, Widhalm discloses that the workpieces consists of metals in the form of wires, ribbons, foils or sheets (col. 1, lines 12-14).
As to claim 51, Widhalm shows that at least one groove extends substantially in a radial direction with respect to a longitudinal axis of the sonotrode, such that the plastically deformed material is guided radially outward along the grooves (fig. 2a).
Regarding claim 53, Widhalm discloses a method for ultrasonic welding a workpiece (figs. 1-2), comprising the steps of: providing a sonotrode 200 (fig. 2) and a workpiece 107-113 (figs. 1b-c), the sonotrode 200 having a curved working surface 201 (fig. 2b) which has a concave curvature and is provided with grooves 207 (fig. 2c); bringing into contact a working surface of the sonotrode with the workpiece (figs. 1a-1d), exciting the sonotrode to vibrate so that the workpiece is welded (col. 1, lines 10-20; col. 3, lines 44-51), wherein the material of the workpiece is at least partially softened and displaced along the grooves of the working surface, so that particles are incorporated into an accumulation of material by the material flow, which is formed by plastically deformed material along the grooves (col. 2, lines 44-49; col. 3, lines 30-43).
Alternatively, in the event Applicant argues that particles may not be incorporated into an accumulation of the material flow, Widhalm teaches that sonotrode grooves/protrusions are structured, shaped and sized to generate high degree of plastic deformations within the components being joined, significantly reinforcing the solid-state atomic bonds in the weld zone, thereby creating robust and durable weld joints (col. 2, lines 44-49). Therefore, it would have been obvious to one of ordinary skill in the art to have the material displace along the grooves and ensure particle mixing into an accumulation of the material flow in Widhalm with a motivation to generate high degree of plastic deformations, significantly reinforcing the atomic bonds in the weld zone, thereby creating robust and durable weld joints, as desired by Widhalm.
Claims 43-44 are rejected under 35 U.S.C. 103 as being unpatentable over Widhalm as applied to claim 41 above, and in view of Fan et al. (US 2012/0006810, “Fan”, of record).
As to claims 43-44, Widhalm discloses joining battery cell terminals (fig. 1), but is silent concerning a receptable. However, such feature is known the art. Analogous to Widhalm, Fan is also directed to ultrasonic vibration welding of battery workpiece using tool 10 (fig. 1, [0014-0015]). Fan teaches that conductive tabs of battery cells are made of suitable conductive material such as aluminum or copper ([0022, 0026], claim 10); potential uses for the battery including various electronic devices as well as electric vehicle (EV) or hybrid EV [0023]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form and weld terminal contact/tab and receptacle/bar of a battery using conventional conductive copper or aluminum material in the method of Widhalm with the motivation of fabricating battery for a desired application, such as electronic devices or EV.
Claims 43 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Widhalm as applied to claim 41 above, and in view of Sigler et al. (US 8590768, hereafter “Sigler”).
As to claims 43 and 48, Widhalm fails to disclose the workpiece made of aluminum alloy type H14. However, such material is known in the art. Analogous to Widhalm, Sigler is also directed to ultrasonic joining of copper and aluminum metal materials for battery applications (see Background and title). Sigler teaches forming an experimental bond formed between sheets of aluminum H14 alloy (col. 12, lines 28-30; fig. 7). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to join aluminum type H14 alloy in the method of Widhalm in order to manufacture a desired battery structure, as evidenced by Sigler.
Claims 49-50 are rejected under 35 U.S.C. 103 as being unpatentable over Widhalm as applied to claim 41 above, and in view of Popoola et al. (US 6523732, hereafter “Popoola”).
As to claims 49-50, Widhalm shows circular working surface in the sonotrode, but does not specifically show a cylindrical shape or working surface diameter range. However, such sonotrode shape is well-known in the ultrasonic bonding art. Popoola teaches an ultrasonic welding sonotrode 12 having a circular-cylindrical shape (fig. 1), wherein the sonotrode has a curved working surface 28 at the tip 14 and is also provided with grooves that contact the workpiece (fig. 2). Popoola discloses that the outer working surface 28 has a diameter of approximately 0.18-0.25 inches (about 4-6 mm) from one end to another (total widths x + y in fig. 2a; col. 3, lines 45-50), which falls within the recited range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05. Popoola further teaches that depending upon the specific logo or design of the workpiece, the sonotrode tip may be formed with different curvatures and grooves (col. 4, lines 35-50). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a curved working surface having 1-8 mm diameter in the sonotrode of Widhalm for the purpose of being compatible with target logo or design of the workpiece, as suggested by Popoola.
Claim 52 is rejected under 35 U.S.C. 103 as being unpatentable over Widhalm (US 8651163) in view of Steiner et al. (US 2004/0038598, “Steiner”).
Regarding claim 52, Widhalm discloses a method for ultrasonic welding a workpiece (figs. 1-2), comprising the steps of: providing a sonotrode 200 (fig. 2) and a workpiece 107-113 (figs. 1b-c), the sonotrode 200 having a curved working surface 201 (fig. 2b) which is provided with grooves 207 (fig. 2c); bringing the curved working surface of the sonotrode into contact with the workpiece (figs. 1a-1d), exciting the sonotrode to vibrate so that the workpiece is welded (col. 1, lines 10-20; col. 3, lines 44-51), wherein the material of the workpiece is at least partially softened and displaced along the grooves of the working surface, so that particles are incorporated into an accumulation of material by the material flow, which is formed by plastically deformed material along the grooves (col. 2, lines 44-49; col. 3, lines 30-43).
Alternatively, in the event Applicant argues that particles may not be incorporated into an accumulation of the material flow, Widhalm teaches that sonotrode grooves/protrusions are structured, shaped and sized to generate high degree of plastic deformations within the components being joined, significantly reinforcing the solid-state atomic bonds in the weld zone, thereby creating robust and durable weld joints (col. 2, lines 44-49). Therefore, it would have been obvious to one of ordinary skill in the art to have the material displace along the grooves and ensure particle mixing into an accumulation of the material flow in Widhalm with a motivation to generate high degree of plastic deformations, significantly reinforcing the atomic bonds in the weld zone, thereby creating robust and durable weld joints, as desired by Widhalm.
Widhalm does not specifically mention torsional vibration of the sonotrode. However, such technique is known in the art. Steiner teaches ultrasonic welding of electric conductors such as for printed cable, laminated cable etc. [0001-0002], wherein the sonotrode generates torsional vibration for welding of the conductors in connection with required energy and deformation ([0007-0009], fig. 4, [0030]; claims 4-5). Consequently, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to generate torsional vibration at least to some extent in the sonotrode of Widhalm in order to provide required energy and deformation in accordance with workpieces such as electric conductors or cables being welded, as shown by Steiner.
Response to Amendment and Arguments
Applicant’s arguments, filed 2/19/26, with respect to amended and new claims have been considered but are moot because the new ground(s) of rejection does not rely on any reference applied in the prior rejection of record for the matter specifically challenged in the arguments.
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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVANG R PATEL whose telephone number is (571) 270-3636. The examiner can normally be reached on Monday-Friday 8am-5pm, EST.
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/DEVANG R PATEL/
Primary Examiner, AU 1735
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