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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-11 in the reply filed on 04/23/2026 is acknowledged.
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/23/2026.
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 11 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 pre-AIA the applicant regards as the invention.
Claim 11 recites the limitation “the piston” in line 5. There is insufficient antecedent basis for this limitation in the claim because there is no earlier recitation of the limitation. MPEP 2173.05(e). For compact prosecution, the limitation has been examined as if it read --a piston--.
Appropriate correction is required.
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.
Claims 1 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jo (KR-20220034744-A - translation provided).
Regarding claim 1, Jo teaches a fusion tip of a heat fusion machine (a plastic boss heat welding automatic assembly apparatus), the fusion tip comprising: a base tip (external body 132) including a pinhole formed vertically in a center (channel formed within external body 132) and a tip head contacting the boss or rib during heat fusion (tip 134); and a fusion pin positioned in the pinhole and configured to move up and down separately from the base tip (fusion tool 131) (Fig 7 and ¶0029-0041).
Regarding claim 9, Jo teaches a heat fusion machine (a plastic boss heat welding automatic assembly apparatus) comprising: a fusion tip (131, 132, 134, collectively); and a moving member (driving unit 120), wherein the fusion tip includes: a base tip (external body 132) including a pinhole formed vertically in a center (channel formed within external body 132) and a tip head contacting the boss or rib during heat fusion (tip 134); and a fusion pin positioned in the pinhole and configured to move up and down separately from the base tip (fusion tool 131), and wherein the moving member is connected to the fusion pin and configured to move the fusion pin up and down (Fig 7 and ¶0029-0041).
Regarding claim 10, as applied to claim 9, Jo teaches a machine wherein the moving member (120) includes a motor (122) and a driving shaft (see shaft in Fig 3) connected to the fusion pin, and the motor rotates the driving shaft to move the fusion pin up and down (Fig 3, 7 and ¶0029-0041).
Regarding claim 11, as applied to claim 9, Jo teaches a machine wherein the moving member (120) includes an actuator (124) connected to the fusion pin, and the actuator moves the piston to move the fusion pin up and down.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jo (KR-20220034744-A - translation provided).
Regarding claim 2-5, as applied to claim 1, Jo does not explicitly disclose wherein the fusion pin includes a body portion and an auxiliary pin, and the auxiliary pin has a cross-sectional area smaller than that of the body portion and is disposed toward the boss or rib; wherein the auxiliary pin includes a first auxiliary pin having a cross-sectional area smaller than that of the body portion and a second auxiliary pin having a cross-sectional area smaller than that of the first auxiliary pin, and the first auxiliary pin and the second auxiliary pin are arranged toward the boss or rib; wherein the auxiliary pin protrudes toward the boss or rib to be fixed; nor wherein the auxiliary pin is embedded in the body portion and is configured to protrude toward the boss or rib during heat fusion.
However, Jo teaches that the shape and size of the fusion tip can be varied according to the characteristics of the assembly part (¶0076).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the apparatus taught by Jo such that the fusion pin includes a body portion and an auxiliary pin, and the auxiliary pin has a cross-sectional area smaller than that of the body portion and is disposed toward the boss or rib; wherein the auxiliary pin includes a first auxiliary pin having a cross-sectional area smaller than that of the body portion and a second auxiliary pin having a cross-sectional area smaller than that of the first auxiliary pin, and the first auxiliary pin and the second auxiliary pin are arranged toward the boss or rib; wherein the auxiliary pin protrudes toward the boss or rib to be fixed; nor wherein the auxiliary pin is embedded in the body portion and is configured to protrude toward the boss or rib during heat fusion, since it has been held that the change in form or shape, without any new or unexpected results, is an obvious engineering design. MPEP 2144.04(IV)(A)-(B).
Regarding claim 6, as applied to claim 1, Jo teaches a fusion tip wherein the fusion pin includes a pin head (head of welding tool 131, see Fig 7) contacting the boss or rib,
Jo does not explicitly disclose wherein the pin head includes an intagliated portion recessed into the interior of the fusion pin.
However, Jo teaches that the shape and size of the fusion tip can be varied according to the characteristics of the assembly part (¶0076).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the apparatus taught by Jo such that the pin head includes an intagliated portion recessed into the interior of the fusion pin, since it has been held that the change in form or shape, without any new or unexpected results, is an obvious engineering design. MPEP 2144.04(IV)(A)-(B).
Regarding claim 7, as applied to claim 1, Jo teaches a fusion tip wherein the fusion pin includes a pin head (head of welding tool 131, see Fig 7) contacting the boss or rib,
Jo does not specify wherein the pin head includes a coating layer on a surface contacting the boss or rib.
However, Jo further teaches that it is desirable that the fusion tip be coated with Teflon in order to be well separated from the molten plastic (¶0076).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the fusion tip disclosed in Jo by applying the known technique of using a Teflon coating in order to be well separated from the molten plastic disclosed in Jo to the head of the welding tool disclosed in Jo with predictable results and resulting in an improved apparatus. MPEP 2143(D).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jo (KR-20220034744-A - translation provided), as applied to claim 1, and in further view of Grandclement (US-4175590-A).
Regarding claim 8, as applied to claim 1, Jo does not teach a fusion tip further comprising: an elastic body connected to the fusion pin, wherein the elastic body is configured to be compressed during heat fusion so that the fusion pin is accommodated in the pinhole.
However, in the same field of endeavor, welding pistons, Grandclement teaches an elastic body (compression spring 7) connected to the fusion pin, wherein the elastic body is configured to be compressed during heat fusion so that the fusion pin is accommodated in the pinhole (Fig 1 and col 2, ln 59 to col 4, ln 7).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the fusion tip disclosed in Jo by applying the known technique of an elastic body (compression spring 7) connected to the fusion pin, wherein the elastic body is configured to be compressed during heat fusion so that the fusion pin is accommodated in the pinhole disclosed in Grandclement to the fusion tip disclosed in Jo with predictable results and resulting in an improved apparatus. MPEP 2143(D).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
KR101209031B1 - a stacking welding device for a plastic product, and to assemble the assembling holes of the joining member into a plurality of protrusions protruding at a predetermined interval on one surface of the plastic product, and then the bottom welding portion bottom surface of the stacking welding device connected to the piston rod of the cylinder stacking for welding and joining the plastic product (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JaMel M Nelson whose telephone number is (571)272-8174. The examiner can normally be reached 9:00 a.m. to 5:00 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached on (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMEL M NELSON/Primary Examiner, Art Unit 1743
Prosecution Insights