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 Invention I, claims 1-9, in the reply filed on 3/25/26 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.
Claims 1-9 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 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 everything attached to the vibration amplifier (40) will vibrate. Note only the stage is directly contacting the vibration applier.
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 5-9 are rejected under 35 U.S.C. 102a1 as being anticipated by Wan et al. (CN 102430828 A).
Regarding claim 1, Wan discloses:
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]; and
a vibration applier [ultrasonic vibrating transmission rod (5) and generator (6)] applying ultrasonic vibration to at least one of the stage and the pressure applier, wherein
the vibration applier 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 with the assembly under the pressure having been heated to the predetermined temperature [this is material worked upon and functional language].
Concerning any claimed results, materials, and/or functions:
Since the prior art apparatus, i.e. the apparatus based on the prior art reference 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 oxide removal. This reasoning applies to any claim below where functional language, material worked upon, and/or a result is claimed.
Regarding claim 5, Wan discloses:
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 discloses:
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 discloses:
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.
Claims 1, 5, 8, and 9 are rejected under 35 U.S.C. 102a1 as being anticipated by Song et al. (CN 103394783 B).
Regarding claim 1, Song discloses:
A brazing apparatus [see figures 1 and 2]comprising:
a stage [workbench (19)] supporting an assembly [workpieces (18), 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 [lifting device (13)] applying a pressure to the assembly, which is supported by the stage, toward the stage;
a heater [chamber (7) which comprises heating device (20) and heating coil (17)] heating the assembly to a predetermined temperature that melts the brazing material in the assembly [the chamber is capable of this]; and
a vibration applier [ultrasonic vibrating rod (10)] applying ultrasonic vibration to at least one of the stage and the pressure applier, wherein
the vibration applier 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 with the assembly under the pressure having been heated to the predetermined temperature [this is material worked upon and functional language].
Regarding claim 5, Song discloses:
wherein the heater [chamber (7)] has a furnace chamber that accommodates the stage, the assembly and the pressure applier inside the heater, heats an interior of the furnace chamber, and has an opening [where rod (10) penetrates the chamber (7)] in a part of the furnace chamber; and
the vibration applier includes a vibrator [transducer (4)] 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 2].
Regarding claims 8 and 9, the claims are drawn to functional language and thus not further limiting structurally.
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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Wan et al. (CN 102430828 A) as applied to claim 1 above, and further in view of Sylvestre (US 2012/0205424 A1).
Regarding claim 2, Wan does not teach:
wherein the vibration applier resonantly vibrates a to-be-vibrated object, which is at least one of the stage and the pressure applier, by applying ultrasonic vibration to the to-be-vibrated object.
While Wan does teach using a generator to apply 20-100KHz he does not explicitly state it can be controlled to vary between these.
Sylvestre teaches controller (506) may control vibration generating device (504) to oscillate at the resonance frequency; 0025.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the controller of Sylvestre in order to control the frequency of the generator to that desired. Note that controlling the frequency to the resonance frequency of the stage or pressure applier is functional language and the Wan/Sylvestre device is capable of this limitation since the applied frequency can be controlled as desired.
Regarding claim 3, Wan does not teach:
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; however this is drawn to 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.
Sylvestre teaches the vibration direction is normal to the planar surface of the workpieces; claim 11 and figures 5 and 6.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to apply the vibrations in the manner as taught by Sylvestre since it is known to do so.
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].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure; see PTO 892.
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.
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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.
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/CARLOS J GAMINO/Examiner, Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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