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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. 19107870, filed on 2/28/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/28/2025 was filed on the filing date of the application on 2/28/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 1-7, 12-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sebulke (DE 19610175 C2) in view of Trompert (US 20080178720 A1).
Regarding claim 1, Sebulke teaches a machining system for sawing a metal workpiece, the machining system defining an orthogonal X-, Y-, Z-coordinate system of which an X-direction is horizontal, a Y-direction is horizontal and perpendicular to the X-direction and a Z-direction is vertical, the workpiece having a workpiece main axis parallel to the X-direction, a first lateral outer side and a second lateral outer side opposite the first lateral outer side, both the first and the second lateral outer sides extending parallel to the X-direction (see Figure 2), wherein the machining system comprises:
a sawing assembly (see Figure 2) arranged along the transport path and configured to saw the workpiece along a horizontal sawing path extending across the transport path at a predetermined sawing angle with respect to the Y-direction, wherein the sawing path divides the workpiece into an upstream workpiece section and a downstream workpiece section, the sawing assembly comprising a band saw frame rotatable with respect to the conveying assembly about a vertical band saw frame rotation axis so as to vary the predetermined sawing angle within a range of possible sawing angles comprising (see Figures 2-3):
a negative sawing angle range in which the band saw frame extends from the vertical band saw frame rotation axis across the transport path in an area downstream from the vertical band saw frame rotation axis (see angle range in Figure 3);
a positive sawing angle range in which the band saw frame extends from the vertical band saw frame rotation axis across the transport path in an area upstream from the vertical band saw frame rotation axis (see angle range in Figure 3); and
a zero sawing angle in which the band saw frame extends from the vertical band saw frame rotation axis across the transport path in the Y-direction; and wherein the machining system additionally comprises (at the position of Figure 2),
a downstream clamping assembly (9) having a first downstream clamping element for laterally engaging the first lateral outer side of the workpiece and having a second downstream clamping element for laterally engaging the second lateral outer side of the workpiece (see Figure 1);
wherein the downstream clamping assembly is decoupled from the rotatability of the band saw frame (see Figures 2-3);
wherein the first downstream clamping element is moveable towards and away from the second downstream clamping element (see Figures 2-3);
wherein both the first downstream clamping element and the second downstream clamping element are moveably arranged in an upstream direction and a downstream direction along the X-direction for transporting a sawn-off workpiece section away from the sawing assembly in the downstream direction along the X-direction (see Figure 2-3); and
wherein the first downstream clamping element is moveably arranged relative to the second downstream clamping element in the upstream direction and the downstream direction along the X-direction (see Figures 2-3).
Sebulke fails to teach a conveying assembly configured to convey the workpiece thereon downstream along a transport path in the X-direction with the second lateral outer side extending in a vertical datum line plane defined by the machining system and extending in the X-direction, the workpiece being at a frontside of the vertical datum line plane.
Tompert teaches a conveying assembly (70) configured to convey the workpiece thereon downstream along a transport path in the X-direction with the second lateral outer side extending in a vertical datum line plane defined by the machining system and extending in the X-direction, the workpiece being at a frontside of the vertical datum line plane (see Figure 1).
It would have been obvious to one of ordinary skill in the art to modify the device of Sebulke to add the conveyor system, as taught by Trompert, in order to better convey the work piece (abstract of Trompert).
Regarding claim 2, modified Sebulke further teaches an upstream clamping assembly having a first upstream clamping element for laterally engaging the first lateral outer side of the workpiece and having a second upstream clamping element for laterally engaging the second lateral outer side of the workpiece; wherein the upstream clamping assembly is decoupled from the rotatability of the band saw frame; wherein the first upstream clamping element is movably arranged along a first horizontal clamping path extending with a clamping angle relative to the X-direction; and wherein the first upstream clamping element is additionally moveably arranged upstream and downstream along a path parallel to the X-direction (see Figures 2-3 of Sebulke).
Regarding claim 3, modified Sebulke further teaches the downstream clamping assembly is an active clamping assembly when the first and the second lateral outer sides of the downstream workpiece section are long enough to firmly clamp the downstream workpiece section with the first and the second downstream clamping elements (see Figures 2-3 of Sebulke)., wherein a position of the first downstream clamping element is within a distance of unknown value of the sawing path when the predetermined sawing angle of the sawing path is within the negative sawing angle range, and wherein a position of the first downstream clamping element is arranged perpendicularly opposite the second downstream clamping element when the predetermined sawing angle of the sawing path is zero or is within the positive sawing angle range (see Figures 2-3 of Sebulke).
Modified Sebulke fails to teach a distance of less than 20 mm or less than 10 mm.
Furthermore, with respect to the specific size of the diameter being in the range of a distance of less than 20 mm or less than 10 mm, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify the device of modified Sebulke to change a distance as claimed in order to get the desired effect wanted by the end user.
Regarding claim 4, modified Sebulke further teaches the upstream clamping assembly is an active clamping assembly when at least one of the first and the second lateral outer sides of the downstream workpiece section is too short to firmly clamp the downstream workpiece section with the first and the second downstream clamping elements, wherein a position of both the first upstream clamping element and the second upstream clamping element are within a distance of unknown value of the sawing path when the predetermined sawing angle of the sawing path is within the positive sawing angle range, and wherein a position of the first upstream clamping element is arranged perpendicularly opposite the second upstream clamping element when the predetermined sawing angle of the sawing path is zero or is within the negative sawing angle range (see Figures 2-3 of Sebulke).
Modified Sebulke fails to teach a distance of less than 20 mm or less than 10 mm.
Furthermore, with respect to the specific size of the diameter being in the range of a distance of less than 20 mm or less than 10 mm, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify the device of modified Sebulke to change a distance as claimed in order to get the desired effect wanted by the end user.
Regarding claim 5, modified Sebulke further teaches the clamping angle of the first horizontal clamping path along which the first upstream clamping element is moveable relative to the X-direction is in range of 10° to 80° (see Figures 2-3 of Sebulke).
Regarding claim 6, modified Sebulke further teaches the second upstream clamping element is movably arranged along a second horizontal clamping path extending with a clamping angle relative to the X-direction, the clamping angle being in a range of 10° to 80° (see Figures 2-3 of Sebulke).
Regarding claim 7, modified Sebulke further teaches the conveying assembly comprises a passage at the sawing assembly and wherein the sawn-off workpiece section can fall through the passage for removal thereof when the sawn-off workpiece section is smaller than to the passage (as modified, see Figure 1 of Trompert).
Regarding claim 12, modified Sebulke further teaches the negative sawing angle range extends from-70° to 0° or from-60° to 0° and wherein the positive sawing angle range extends from 0° to 60° or from 0° to 45° (see Figures 2-3 of Sebulke).
Regarding claim 13, modified Sebulke further teaches a method of sawing a metal workpiece to divide the workpiece into an upstream workpiece section and a downstream workpiece section, the workpiece having a workpiece main axis, a first lateral outer side and a second lateral outer side opposite the first lateral outer side, the method comprising:
providing a machining system according to claim 1;
conveying the workpiece on the conveying assembly along a transport path in the X-direction to the sawing assembly with the workpiece main axis parallel to the X-direction and the second lateral outer side extending in a vertical datum line plane and the workpiece being at a frontside of the vertical datum line plane (see Figures 2-3 of Sebulke).;
using the downstream clamping assembly to clamp the downstream workpiece section with the first and the second downstream clamping elements, wherein the using of the downstream clamping assembly includes (see Figures 2-3 of Sebulke).:
positioning at least the first downstream clamping element along the X direction so as to be within a predetermined distance from a sawing path when a predetermined sawing angle of the sawing path is within the negative sawing angle range, wherein the predetermined distance is unknown value (see Figures 2-3 of Sebulke).,
or alternatively positioning at least the first downstream clamping element perpendicularly opposite a second downstream clamping element when the predetermined sawing angle of the sawing path is zero or is within the positive sawing angle range (see Figures 2-3 of Sebulke).; and
moving the first downstream clamping element towards the second downstream clamping element to clamp the downstream workpiece section of the workpiece (see Figures 2-3 of Sebulke). ;
using the sawing assembly during the clamping of the downstream workpiece section to saw off the downstream workpiece section; and transporting a sawn-off downstream-workpiece section away from the sawing assembly downstream along the X-direction by simultaneously moving the first and the second downstream clamping elements downstream along the X-direction (see Figures 2-3 of Sebulke).
Modified Sebulke fails to teach a distance of less than 20 mm or less than 10 mm.
Furthermore, with respect to the specific size of the diameter being in the range of a distance of less than 20 mm or less than 10 mm, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify the device of modified Sebulke to change a distance as claimed in order to get the desired effect wanted by the end user.
Regarding claim 14, modified Sebulke further teaches the machining system comprises an upstream clamping assembly having a first upstream clamping element for laterally engaging the first lateral outer side of the workpiece and having a second upstream clamping element for laterally engaging the second lateral outer side of the workpiece, wherein the upstream clamping assembly is decoupled from the rotatability of the band saw frame, wherein the first upstream clamping element is movably arranged along a first horizontal clamping path extending with a clamping angle relative to the X-direction, wherein the first upstream clamping element is additionally moveably arranged upstream and downstream along a path parallel to the X-direction, wherein the method further comprises:
using the upstream clamping assembly, wherein the using of the upstream clamping assembly includes: positioning at least the first upstream clamping element along the path parallel to the X-direction so as to be within a second predetermined distance from the sawing path during the actual clamping when the predetermined sawing angle of the sawing path is within the positive sawing angle range, wherein the predetermined distance is less than 20 mm or less than 10 mm, or alternatively positioning the first upstream clamping element along the path parallel to the X-direction so as to be perpendicularly opposite the second upstream clamping element during the actual clamping when the predetermined sawing angle of the sawing path is zero or is within the negative sawing angle range. and moving the first upstream clamping element along the first horizontal clamping path towards the second upstream clamping element to clamp the upstream workpiece section of the workpiece; using the sawing assembly during the clamping of the upstream workpiece section to saw off the downstream workpiece section (see Figures 2-3 of Sebulke).
Regarding claim 15, modified Sebulke further teaches during clamping of the upstream workpiece section by the upstream clamping assembly, the downstream clamping assembly is not clamping the downstream workpiece section and vice versa (see Figures 2-3 of Sebulke).
Regarding claim 16, modified Sebulke further teaches after sawing off the downstream workpiece section, the downstream clamping assembly is activated to clamp the sawn-off downstream-workpiece section and is subsequently controlled to transport the sawn-off downstream workpiece section downstream along the X-direction (see Figures 2-3 of Sebulke).
Regarding claim 19, modified Sebulke further teaches the clamping angle of the first horizontal clamping path along which the first upstream clamping element is moveable relative to the X-direction is in a range of 25° to 50° (see Figures 2-3 of Sebulke).
Regarding claim 20, modified Sebulke further teaches the clamping angle is in a range of 25° to 50° (see Figures 2-3 of Sebulke).
Claims 8, 11 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sebulke (DE 19610175 C2) in view of Trompert (US 20080178720 A1) and in further view of Volmer (US 20230002172 A1).
Regarding claim 8, modified Sebulke teaches all elements of the current invention as set forth in clamp 2 above.
Modified Sebulke fails to teaches a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides.
Volmer teaches a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides (see Figure 2).
It would have been obvious to one of ordinary skill in the art to modify the device of Sebulke to add the gripper system, as taught by Volmer, in order to better move the work piece (abstract of Volmer).
Regarding claim 11, modified Sebulke further teaches all elements of the current invention as set forth in clamp 2 above.
Modified Sebulke fails to teaches a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides, wherein the second upstream clamping element is movable away from the vertical datum line plane at a backside of the vertical datum line plane at a distance from the vertical datum line plane so as to provide space for the second jaw of the gripper head to move along the second upstream clamping element in the X-direction, wherein the second upstream clamping element in a clamping position is moved towards the second lateral outer side of the workpiece against the second jaw of the gripper head so that the second jaw is interposed between the workpiece and the second upstream clamping element and a clamping force of the first upstream clamping element is transferred via the first jaw of the gripper head, the workpiece, and the second jaw of the gripper head to the second upstream clamping element.
Volmer teaches a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides, wherein the second upstream clamping element is movable away from the vertical datum line plane at a backside of the vertical datum line plane at a distance from the vertical datum line plane so as to provide space for the second jaw of the gripper head to move along the second upstream clamping element in the X-direction, wherein the second upstream clamping element in a clamping position is moved towards the second lateral outer side of the workpiece against the second jaw of the gripper head so that the second jaw is interposed between the workpiece and the second upstream clamping element and a clamping force of the first upstream clamping element is transferred via the first jaw of the gripper head, the workpiece, and the second jaw of the gripper head to the second upstream clamping element (see Figures 2-8B of Volmer).
It would have been obvious to one of ordinary skill in the art to modify the device of Sebulke to add the gripper system, as taught by Volmer, in order to better move the work piece (abstract of Volmer).
Regarding claim 17, modified Sebulke further teaches all elements of the current invention as set forth in clamp 14 above.
Modified Sebulke fails to teaches the machining system further comprises a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, [[said]]the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides, wherein the method comprises adjusting a position of the second upstream clamping element away from the vertical datum line plane at a backside of the vertical datum line plane at a distance from the vertical datum line plane so as to provide space for the second jaw of the gripper head to move along the second upstream clamping element in a direction of the transport path direction, and wherein the method further comprises subsequently moving the second upstream clamping element in a clamping position by moving towards the second lateral outer side of the workpiece against the second jaw of the gripper head so that the second jaw is interposed between the workpiece and the second upstream clamping element and a clamping force of the first upstream clamping element is transferred via the first jaw of the gripper head, the workpiece, and the second jaw of the gripper head to the second upstream clamping element.
Volmer teaches the machining system further comprises a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, [[said]]the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides, wherein the method comprises adjusting a position of the second upstream clamping element away from the vertical datum line plane at a backside of the vertical datum line plane at a distance from the vertical datum line plane so as to provide space for the second jaw of the gripper head to move along the second upstream clamping element in a direction of the transport path direction, and wherein the method further comprises subsequently moving the second upstream clamping element in a clamping position by moving towards the second lateral outer side of the workpiece against the second jaw of the gripper head so that the second jaw is interposed between the workpiece and the second upstream clamping element and a clamping force of the first upstream clamping element is transferred via the first jaw of the gripper head, the workpiece, and the second jaw of the gripper head to the second upstream clamping element (see Figures 2-8B of Volmer).
It would have been obvious to one of ordinary skill in the art to modify the device of Sebulke to add the gripper system, as taught by Volmer, in order to better move the work piece (abstract of Volmer).
Regarding claim 18, modified Sebulke further teaches all elements of the current invention as set forth in clamp 14 above.
Modified Sebulke fails to teaches the machining system further comprises a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides, wherein the machining system additionally comprises a support roller assembly positioned upstream of the second upstream clamping element and configured for supporting either the workpiece or the gripper head of the gripper truck assembly, wherein the support roller assembly comprises: a static roller rotatable around a vertical axis, a circumferential roller surface of the static roller being positioned at a backside of the vertical datum line plane at a distance from the vertical datum line plane, wherein the static roller is configured to support the gripper head when the gripper head is moved downstream in the X-direction beyond the static roller; and a pivoting roller rotatable around a second vertical axis, said second vertical axis being positionable at a first position and a second position, wherein a circumferential roller surface of the pivoting roller is tangentially aligned with the vertical datum line plane when being in the first position so as to engage and support the workpiece, wherein the circumferential roller surface of the pivoting roller is at the backside of the vertical datum line plane at a second distance from the vertical datum line plane so as to allow to pass the gripper head to pass when the gripper head is moved downstream in the X-direction beyond the pivoting roller, wherein the method comprises adjusting the position of the pivoting roller from the first position to the second position so as to allow the gripper head to pass the pivoting roller when the gripper head is moved downstream in the X-direction beyond the pivoting roller.
Volmer teaches the machining system further comprises a gripper truck assembly for transporting the workpiece in the X-direction, wherein the gripper truck assembly comprises a gripper head comprising a gripper head main body having a first jaw and a second jaw for engaging two opposite lateral outer sides of the workpiece, the opposite lateral outer sides each extending in a respective vertical plane, the first jaw being configured to be translationally actuatable with respect to the second jaw along a jaw translation path extending parallel to the Y-direction for thereby engaging one of the opposite lateral outer sides, wherein the machining system additionally comprises a support roller assembly positioned upstream of the second upstream clamping element and configured for supporting either the workpiece or the gripper head of the gripper truck assembly, wherein the support roller assembly comprises: a static roller rotatable around a vertical axis, a circumferential roller surface of the static roller being positioned at a backside of the vertical datum line plane at a distance from the vertical datum line plane, wherein the static roller is configured to support the gripper head when the gripper head is moved downstream in the X-direction beyond the static roller; and a pivoting roller rotatable around a second vertical axis, said second vertical axis being positionable at a first position and a second position, wherein a circumferential roller surface of the pivoting roller is tangentially aligned with the vertical datum line plane when being in the first position so as to engage and support the workpiece, wherein the circumferential roller surface of the pivoting roller is at the backside of the vertical datum line plane at a second distance from the vertical datum line plane so as to allow to pass the gripper head to pass when the gripper head is moved downstream in the X-direction beyond the pivoting roller, wherein the method comprises adjusting the position of the pivoting roller from the first position to the second position so as to allow the gripper head to pass the pivoting roller when the gripper head is moved downstream in the X-direction beyond the pivoting roller (see Figure 2-8B of Volmer).
It would have been obvious to one of ordinary skill in the art to modify the device of Sebulke to add the gripper system, as taught by Volmer, in order to better move the work piece (abstract of Volmer).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sebulke (DE 19610175 C2) in view of Trompert (US 20080178720 A1) and in further view of Volmer (US 20230002172 A1) and in further view of Eddy (Us 20020059852 A1).
Regarding claim 9, modified Sebulke teaches all elements of the current invention as set forth in clamp 8 above.
Modified Sebulke fails to teaches a support roller assembly positioned upstream of the second upstream clamping element and configured for supporting either the workpiece or the gripper head of the gripper truck assembly.
Eddy teaches a support roller assembly positioned upstream of the second upstream clamping element and configured for supporting either the workpiece (see Figure 3).
It would have been obvious to one of ordinary skill in the art to modify the device of Sebulke to add the support roller system, as taught by Eddy, in order better support the work piece (abstract of Eddy).
Regarding claim 10, modified Sebulke further teaches the support roller assembly comprises: a static roller rotatable around a vertical axis (as modified, roller 11, see Figure 3 of Eddy), a circumferential roller surface of the static roller being positioned at a backside of the vertical datum line plane at a distance from the vertical datum line plane (as modified, roller 5, see Figure 3 of Eddy), wherein the static roller is configured to support the gripper head when the gripper head is moved downstream in the X-direction beyond the static roller; and a pivoting roller rotatable around a second vertical axis, said second vertical axis being positionable at a first position and a second position, wherein a circumferential roller surface of the pivoting roller is tangentially aligned with the vertical datum line plane when being in the first position so as to engage and support the workpiece, wherein the circumferential roller surface of the pivoting roller is at a backside of the vertical datum line plane at a second distance from the vertical datum line plane so as to allow to pass the gripper head to pass when the gripper head is moved downstream in the X-direction beyond the pivoting roller (as modified, see Figure 3 of Eddy).
Conclusion
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/LIANG DONG/Examiner, Art Unit 3724 9/25/2026
