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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the option where the “vibration applier applying ultrasonic vibration to the assembly through a to-be-vibrated object, which is” both the stage and the pressure applier or just the pressure applier, must be shown or the features canceled from the claim(s). No new matter should be entered. Note that paragraph 0041 of the specification states figure 1 depicts a vibration applier applying ultrasonic vibration to the assembly through a to-be-vibrated object, which is just the stage.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claim 1 and 5 are objected to because of the following informalities:
In claim 1, line 7, the “and” is misplaced.
In claim 5, “a vibration transmitter connected to the vibrator and inserted into the interior of the furnace chamber” lacks a verb.
Appropriate correction is required.
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 and 3-9 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 1 recites “a vibration applier applying ultrasonic vibration to the assembly through a to-be-vibrated object, which is at least one of the stage and the pressure applier”. It is unclear as to how the vibration can be applied to only the stage or pressure applier when both stage and pressure applier are directly or indirectly attached to the vibration applier (40). Note only the stage is directly contacting the vibration applier and figure 5 shows both the stage and pressure applier vibrating.
Claim 1 recites “a vibration transmitter transmitting a vibration”. It is unclear if this vibration is the same as the ultrasonic vibration applied by the vibration transmitter or not. For the purposes of this examination, this limitation will be interpreted as being the same.
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wan et al. (CN 102430828 A) in view of Mizoguchi et al. (US 5,377,894).
Regarding claim 1, Wan teaches:
A brazing apparatus [see figure 1] comprising:
a stage [table (4)] supporting an assembly [workpieces (3), this is considered material worked upon] with a brazing material being interposed between joint surfaces of a plurality of to-be-joined materials;
a pressure applier [clamping fixture (13)] applying a pressure to the assembly, which is supported by the stage, toward the stage [it is inherent that the fixture applies pressure towards the table in order to clamp the workpieces for brazing];
a heater [furnace (1)] heating the assembly to a predetermined temperature that melts the brazing material in the assembly [the furnace is capable of this since it is being used for brazing to a specific temperature]; and
a vibration applier [ultrasonic vibrating transmission rod (5) and generator (6)] applying ultrasonic vibration to the assembly through a to-be-vibrated object, which is at least one of the stage [table (4)] and the pressure applier [clamping fixture; since the table and clamping fixture are supported by the transmission rod they will both be vibrated],
a vibration transmitter [ultrasonic vibrating transmission rod (5)] transmitting a vibration from the vibration applier to the to-be-vibrated object [since the rod is connected to the table the ultrasonic vibration will be transmitted].
Wan does not teach:
wherein the vibration transmitter and the to-be-vibrated object have a common resonance frequency in the ultrasonic vibration range; and
the vibration applier, with the assembly under the pressure having been heated to the predetermined temperature, causes the to-be-vibrated object to resonate by applying the ultrasonic vibration having the common resonance frequency to the to-be-vibrated object through the vibration transmitter, and removes oxide film on the joint surfaces of the plurality of to-be-joined materials by vibrating the stage and the pressure applier relative to each other through the application of the ultrasonic vibrations to the to-be-vibrated object.
Concerning vibrating at the resonance frequency:
Note that resonant frequency is the specific frequency at which a system experiences maximum oscillation with minimal external input.
Mizoguchi teaches an ultrasonic transducer comprising piezoelectric transducer (8), horn (10), and capillary (4) that operates at resonance and when the length of the capillary is changed the system does not continue to do so, 2:65-3:33, 5:54-6:21, and figure 6. Thus, Mizoguchi teaches the dimensions of an object at the end of the system affects the resonance frequency of the system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to operate the Wan ultrasonic system, i.e. the generator, rod, and table, at the resonance frequency of the system in order to achieve maximum oscillation/vibration in the table with minimal energy input into the generator. It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adjust the dimensions of the table so that it two would vibrate at the resonance frequency of the generator and rod in order to keep the resonance of the system.
Concerning any claimed results, materials, and/or functions:
Since the prior art apparatus, i.e. the apparatus based on the combined prior art references above, is structurally identical to the claimed apparatus, it is the examiner’s position that the prior art apparatus is capable of achieving any claimed function with any claimed material to achieve any claimed result such as; removing oxides. This reasoning applies to any claim below where functional language, material worked upon, and/or a result is claimed.
Regarding claim 3, Wan teaches [note that this claim is functional language]:
wherein the assembly has a structure in which the plurality of to-be-joined materials are stacked on or above each other with the joint surfaces being positioned inside the assembly [see figure, note that this is drawn to the material worked upon]; and
the vibration applier applies ultrasonic vibration to the to-be-vibrated object in a direction extending a direction in which the plurality of to-be-joined materials are stacked on or above each other [note that the generator and rod are vertically aligned with the workpieces and thus the ultrasonic waves are applied in the direction the workpieces are stacked].
Regarding claim 4, Wan teaches:
wherein the pressure applier is arranged on or above the assembly, which is placed on or above the stage, and presses the assembly by using its own weight [since the clamping fixture is arranged above the workpieces its weight is being applied to the workpieces].
Regarding claim 5, Wan teaches:
wherein the heater has a furnace chamber [interior open space/chamber in furnace (1)] that accommodates the stage, the assembly and the pressure applier inside the heater, heats an interior of the furnace chamber [a furnace inherently heats the chamber since that is the purpose of a furnace], and has an opening [bottom opening where rod (10) penetrates the furnace] in a part of the furnace chamber; and
the vibration applier includes a vibrator [generator (6)] arranged outside the furnace chamber and a vibration transmitter [rod (10)] connected to the vibrator and inserted into the interior of the furnace chamber through the opening [see figure].
Regarding claim 6, Wan teaches:
wherein the heater has the opening in a lower surface of the furnace chamber [see figure]; and
the vibration transmitter is inserted into the interior of the furnace chamber from a lower side of the furnace chamber through the opening and is in contact with the lower surface of the stage [see figure].
Regarding claim 7, Wan teaches:
wherein the vibration transmitter supports the stage on which the assembly is placed [see figure].
Regarding claims 8 and 9, the claims are drawn to functional language and thus not further limiting structurally.
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 as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure; see PTO 892.
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.
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, 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.
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.
/CARLOS J GAMINO/Examiner, Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
