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 § 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 14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Iwaasa (JP60263610) in view of Fellenberg (US Publication 2008/0196471). Regarding claim 14, Iwaasa discloses a method of cutting sheet metals (translation page 1, lines 1-5) comprising: providing a die block (bed 18) having a die block cutting edge (2); providing a trim punch (3b) with a punch edge (annotated fig. 3) movable with respect to the die block (translation, page 2, lines 10-12 and lines 25-28), the trim punch including a flat bottom surface (annotated fig. 3), the flat bottom surface extending from the punch edge to an outside edge (annotated fig. 3);
arranging a workpiece (12) on the die block (translation page 2, lines 20-23), such that a part of the workpiece protrudes over the die cutting edge (at “the shearing position,” translation page 2, lines 22-23, wherein “[when] the hydraulic pressure in the cutting cylinder 4 is increased … the upper cut is made [and] the upper cutting blade 1 receives a shear stress P vertically upwardly from the mouth of the material to be cut,” translation page 3, lines 12-14), the workpiece being sheet metal (translation page 1, lines 1-3), the workpiece being sheet metal (as per translation, para. 0001, lines 10-16, “[s]crap materials are first compressed using a press and made into a flat shape before being subjected to shearing work. However, due to the nature of scrap, various miscellaneous equipment are compressed using presses before being supplied, so materials of various materials are used. Also, the surface condition is not uniforms like that of plate materials such as steel and non-ferrous metals, and therefore, shearing is more likely to cause problems such as being deformation and digging than the shearing of ordinary plate materials.”);
providing a punch shoe (3a; annotated fig. 3) having a recess (annotated fig. 3, i.e., formed by “lower surface” 5 and “downward protrusion” 5b on punch shoe 3a) which defines an angled guide surface (i.e., lower surface 5 of the punch shoe 3a; translation page 1, lines 37-40), the angled guide surface of the punch shoe extending at an oblique angle (inclination angle α) with respect to the flat bottom surface (annotated fig. 3), wherein the trim punch is disposed in the recess (fig. 3), the entire trim punch (3b) is vertically aligned with a portion of the punch shoe (fig. 3, i.e., trim punch 3b is positioned within a vertical projection of punch shoe 3a) but not vertically aligned with the die block (translation page 3, lines 18-20), the trim punch (3b) is moved at the oblique angle along the angled guide surface as the trim punch contacts the workpiece (translation page 3, lines 13-16) and while the punch shoe moves only in the vertical direction (constrained by guides 8a, 8b, 8c and 8d and hydraulic drive cylinder 4); and moving the trim punch such that a clearance between the punch edge, the die block cutting edge and the workpiece increases as the trim punch moves past the block cutting edge (translation page 2, line 40 - page 3, line 6 and translation page 3, lines 16-22). The teaching of Iwaasa suggests that while the initial shear stress P moves trim punch (3b) along the angled guide surface, once the punch edge shears through the workpiece, the trim punch is configured to slide back down the angled guide surface (as per translation page 2, line 40 - page 3, line 6). Additionally, Iwaasa discloses moving the trim punch (3b) with respect to the punch shoe (3a) between a first position (as depicted in fig. 3), and a second position (described in translation page 3, lines 14-16), as the trim punch engaging the protruding part of the workpiece (translation page 3, lines 12-14).
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Iwaasa fails to disclose the trim punch includes a single protrusion disposed along the outside edge of the trim punch and extending below the flat bottom surface of the trim punch. However, Fellenberg teaches it is known in the art of cutting sheet metals (para. 0003) to provide a trim punch (11) with a punch edge (12), a flat bottom surface (14) extending from the punch edge (12) to an outside edge (annotated fig. 4), and a single protrusion (20) disposed along the outside edge of the trim punch (fig. 3; paragraph 0065, lines 10-12) and extending below the flat bottom surface of the trim punch (fig. 4; paragraph 0065, lines 8-10). Fellenberg teaches the trim punch is used in conjunction with a die block (15) having a die block cutting edge (18), wherein trim punch (11) is movable with respect to the die block (i.e. downward to perform a cutting operation, see figs. 3 and 4) to cut the sheet metal material.
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It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the method of Iwaasa with the teaching of Fellenberg such that the trim punch including a single protrusion (20) disposed along the outside edge of the trim punch and extending below the flat bottom surface of the trim punch in order to impart a bending stress in the workpiece as the trim punch is brought into contact therewith to help reduce the overall force required to shear the sheet metal material and to further reduce wear and tear on the cutting edge of the trim punch (Fellenberg, para. 0070 - 0071). Regarding claim 21, the modified method of Iwaasa substantially disclosed above includes the protrusion of the trim punch contacts the workpiece before the punch edge of the trim punch engages the workpiece (as taught by Fellenberg).
Claims 14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fellenberg (US Publication 2008/0196471) in view of Iwaasa (JP60263610). Regarding Claim 14, Fellenberg discloses a method of cutting sheet metals (see, e.g., col. 7) comprising:
providing a die block (15) having a die block cutting edge (18);
providing a trim punch (11) with a punch edge (12) movable with respect to the die block (i.e. downward to perform a cutting operation, see figs. 3 and 4), the trim punch including a flat bottom surface (14), the flat bottom surface extending from the punch edge (12) to an outside edge (annotated fig. 4), and the trim punch including a single protrusion (20) disposed along the outside edge of the trim punch (fig. 3; paragraph 0065, lines 10-12) and extending below the flat bottom surface of the trim punch (fig. 4; paragraph 0065, lines 8-10); arranging a workpiece (3) on the die block (paragraph 0005, lines 1-4, “[t]he method according to the invention is based on a conventional shearing process, in which a workpiece is separated by means of introduction of a sufficiently high shearing stress” [emphasis added], wherein a new workpiece, such as sheet metal, is arranged in the die cutting assembly between each working cycle), such that a part of the workpiece protrudes over the die cutting edge (see fig. 3; the portion of workpiece 3 to the right of the die cutting edge 18), the workpiece being sheet metal; providing a punch shoe (17) having an angled guide surface (annotated fig. 3; i.e., the angled guide surface is arranged substantially perpendicular to the supporting surface of die block 15 and workpiece 3 supported thereon), the angled guide surface of the punch shoe extending at an oblique angle with respect to the flat bottom surface (paragraph 0063, lines 11-13, “cutting edge 12 is limited by two surfaces 13, 14, which are preferabl[y] positioned to each other at an angle of a little less than 90º, i.e., an acute angle”), wherein the trim punch is moved along the angled guide surface as the trim punch contacts the workpiece (in progression depicted in figs. 3, 4 and 7);
moving the trim punch into contact with the protruding part of the workpiece (as shown by the progression from fig. 3 to fig. 4, wherein protrusion 20 of trim punch 11 contacts the workpiece) and past the die block cutting edge (18) so as to create a shearing force on the sheet metal (arrows 25, 26 in fig. 9), and moving the trim punch with respect to the punch shoe between a first position (fig. 3), and a second position (fig. 4), as the trim punch engages the protruding part of the workpiece (protrusion 20 on trim punch 11 contacts workpiece 3 as trim punch 11 moves downwardly relative to punch shoe 17). Note: Fellenberg teaches an alternative embodiment of the trim punch (fig. 12) with a bottom surface formed with a downwardly curved surface that extends toward and into a cusp (6) located at a protrusion. A tangent along the curve at the initial portion of the curved surface proximate to cutting edge (11) extends parallel to the upper surface of the workpiece. The alternative embodiment of Fellenberg depicted in fig. 12 suggests the bottom surface of a trim punch having a protrusion extending therefrom can have different geometries and configurations while maintaining the benefits of prebending the sheet metal workpiece prior to engaging the workpiece with the cutting edge of the trim punch.
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● Fellenberg fails to disclose the punch shoe has a recess which defines an angled guide surface engaging the trim punch adjacent the outside edge and the protrusion, the angled guide surface of the punch shoe extending at an oblique angle with respect to the flat bottom surface and the workpiece, wherein the trim punch is disposed in the recess, the entire trim punch is vertically aligned with a portion of the punch shoe but not vertically aligned with the die block, the trim punch is moved at the oblique angle along the angled guide surface as the trim punch contacts the workpiece and while the punch shoe moves only in the vertical direction; and moving the trim punch such that a clearance between the punch edge, the die block cutting edge and the workpiece increases as the trim punch moves past the block cutting edge. However, Iwaasa teaches it is known in the art of methods for cutting sheet metals (translation page 1, lines 1-3) to provide a die block (bed 18) having a die block cutting edge (2); providing a trim punch (3b) with a punch edge (annotated fig. 3) movable with respect to the die block (18) lower cutting base 2), the trim punch including a flat bottom surface (annotated fig. 3), the flat bottom surface extending from the punch edge to an outside edge (annotated fig. 3); arranging a workpiece (9) on the die block (translation page 2, lines 20-23), such that a part of the workpiece protrudes over the die cutting edge (at “the shearing position,” translation page 2, lines 22-23, wherein “[when] the hydraulic pressure in the cutting cylinder 4 is increased … the upper cut is made [and] the upper cutting blade 1 receives a shear stress P vertically upwardly from the mouth of the material to be cut,” translation page 3, lines 12-14), the workpiece being sheet metal (translation page 1, lines 1-3); providing a punch shoe (3a; annotated fig. 3) has a recess (annotated fig. 3, i.e., formed by “lower surface” 5 and “downward protrusion” 5b on punch shoe 3a) which defines an angled guide surface (translation page 1, lines 37-40), the angled guide surface of the punch shoe extending at an oblique angle (inclination angle α) with respect to the flat bottom surface (annotated fig. 3), wherein the trim punch is disposed in the recess (fig. 3), the entire trim punch is vertically aligned with a portion of the punch shoe (fig. 3) but not vertically aligned with the die block (translation page 3, lines 18-20), the trim punch (3b) is moved at the oblique angle along the angled guide surface as the trim punch contacts the workpiece (translation page 3, lines 13-16) and while the punch shoe moves only in the vertical direction (constrained by guides 8a, 8b, 8c and 8d and hydraulic drive cylinder 4); and moving the trim punch such that a clearance between the punch edge, the die block cutting edge and the workpiece increases as the trim punch moves past the block cutting edge (translation page 2, line 40 - page 3, line 6 and translation page 3, lines 16-22). The teaching of Iwaasa suggests that while the initial shear stress P moves trim punch (3b) along the angled guide surface, once the punch edge shears through the workpiece, the trim punch is configured to slide back down the angled guide surface, as described in translation page 2, line 40 - page 3, line 6). Additionally, Iwaasa teaches moving the trim punch (3b) with respect to the punch shoe (3a) between a first position (as depicted in fig. 3), and a second position (described in translation page 3, lines 14-16), as the trim punch engaging the protruding part of the workpiece (translation page 3, lines 12-14).
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It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the method of Fellenberg with the teaching of Iwaasa such that the method includes the step of providing a punch shoe has a recess which defines an angled guide surface, the angled guide surface of the punch shoe extending at an oblique angle with respect to the flat bottom surface, wherein the trim punch is disposed in the recess, the entire trim punch is vertically aligned with a portion of the punch shoe but not vertically aligned with the die block, the trim punch is moved at the oblique angle along the angled guide surface as the trim punch contacts the workpiece and while the punch shoe moves only in the vertical direction; moving the trim punch such that a clearance between the punch edge, the die block cutting edge and the workpiece increases as the trim punch moves past the block cutting edge; moving the trim punch such that a clearance between the punch edge, the die block cutting edge and the workpiece increases as the trim punch moves past the die block cutting edge; and moving the trim punch with respect to the punch shoe between a first position, and a second position, as the trim punch engaging the protruding part of the workpiece in order to “provide a shearing machine which eliminates bending and biting of the material and enables shearing work to be carried out effectively without any hindrance” (Iwaasa translation page 2, lines 12-15). Regarding claim 21, the modified method of cutting sheet metal of Fellenberg substantially disclosed above includes the protrusion (Fellenberg 20) of the trim punch contacts the workpiece before the punch edge of the trim punch engages the workpiece (Fellenberg, paragraph 0009, lines 3-6).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Iwaasa (JP60263610) and Fellenberg (US Publication 2008/0196471) in further view of Hester (US Publication 2017/0057036) and Orain (US Patent 3,805,653) . Regarding claim 17, the modified method of cutting sheet metal of Iwaasa substantially disclosed above fails to disclose the trim punch is biased towards the first position by means of a resilient member and wherein moving the trim punch from the first to the second position acts against the bias of the resilient member. However, Hester teaches it is known in the art of adjusting the position of a workpiece engaging member (114) to provide a resilient member (130) configured to move the workpiece engaging member to a first position (figs. 2-3) relative to the punch shoe (112), the resilient member being compressed when a punch shoe (112) moves vertically downward toward the workpiece, pushing the workpiece engagement member (114) into contact with the workpiece (102), such that the workpiece engaging member (114) slides along an angled guide surface (128) on the punch shoe to a second position (figs. 4-6), thereby moving the workpiece engaging member from the first to the second position acts against the bias of the resilient member (paragraph 0023). Additionally, Orain teaches it is known in the art of cutting workpieces to shift a trim punch (10) from a first position (fig. 10a) to a second position (see figs. 6 and 10b-10d) along an angled guide surface (11) of a support shoe (13) against the bias of a resilient member (12) during the cutting of the workpiece (1). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the method of cutting sheet metals of Iwaasa substantially disclosed above such that the trim punch is biased towards the first position by means of a resilient member and wherein moving the trim punch from the first to the second position acts against the bias of the resilient member in order to facilitate smooth engagement and disengagement (i.e., interaction) between the trim punch, the punch shoe and the die block throughout the cutting operation and after separate of the trimmed off sheet metal.
Regarding claim 18, the modified method of cutting sheet metal of Iwaasa substantially disclosed above includes the resilient member (as taught by Hester and O-Rain) moves the trim punch towards the first position (Iwaasa translation page 2, line 40 - page 3, line 6) as the workpiece is cut so as to accelerate the cut part of the workpiece in the direction of the angled guide surface of the punch shoe (Iwaasa fig. 3).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fellenberg (US Publication 2008/0196471) and Iwaasa (JP60263610) in further view of Hester (US Publication 2017/0057036) and Orain (US Patent 3,805,653) . Regarding claim 17, the modified method of cutting sheet metal of Fellenberg substantially disclosed above fails to disclose the trim punch is biased towards the first position by means of a resilient member and wherein moving the trim punch from the first to the second position acts against the bias of the resilient member. However, Hester teaches it is known in the art of adjusting the position of a workpiece engaging member (114) to provide a resilient member (130) configured to move the workpiece engaging member to a first position (figs. 2-3) relative to the punch shoe (112), the resilient member being compressed when a punch shoe (112) moves vertically downward toward the workpiece, pushing the workpiece engagement member (114) into contact with the workpiece (102), such that the workpiece engaging member (114) slides along an angled guide surface (128) on the punch shoe to a second position (figs. 4-6), thereby moving the workpiece engaging member from the first to the second position acts against the bias of the resilient member (paragraph 0023). Additionally, Orain teaches it is known in the art of cutting workpieces to shift a trim punch (10) from a first position (fig. 10a) to a second position (see figs. 6 and 10b-10d) along an angled guide surface (11) of a support shoe (13) against the bias of a resilient member (12) during the cutting of the workpiece (1). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the method of cutting sheet metals of Fellenberg substantially disclosed above such that the trim punch is biased towards the first position by means of a resilient member and wherein moving the trim punch from the first to the second position acts against the bias of the resilient member in order to facilitate smooth engagement and disengagement (i.e., interaction) between the trim punch, the punch shoe and the die block throughout the cutting operation and after separate of the trimmed off sheet metal.
Regarding claim 18, the modified method of cutting sheet metal of Fellenberg substantially disclosed above includes the resilient member (as taught by Hester and O-Rain) moves the trim punch towards the first position (Iwaasa translation page 2, line 40 - page 3, line 6) as the workpiece is cut so as to accelerate the cut part of the workpiece in the direction of the angled guide surface of the punch shoe (Iwaasa fig. 3).
Response to Arguments
Applicant's arguments filed June 26, 2024 have been fully considered but they are not persuasive. On page 6, lines 15-19 of the Remarks, Applicant argues, “Iwaasa fails to disclose an entire trim punch vertically aligned with a portion of a punch shoe but not vertically aligned with a die block, as recited in claim 14. The lower cutting plate 3b of Iwaasa, which the Examiner refers to as a trim punch, appears to be vertically aligned with the bed 18, which the Examiner refers to as a die block. See Figures 2 and 3, for example.” Examiner respectfully disagrees. As shown in fig. 3 of Iwaasa, trim punch (3b) is positioned vertically below a portion of the punch shoe (3a) within a vertical projection thereof, such that the entire trim punch is vertically aligned with a portion of the punch shoe, as claimed. Additionally, trim punch (3b) is only “vertically aligned” with die block in that trim punch (3b) moves up and down with punch shoe (3a) relative to die block (18). The cutting edge of the trim punch is arranged in a shearing relationship with the cutting edge of the die block that does not overlap. More specifically, on page 2, lines 9-14 of the translation, Iwaasa states, “[t]his invention utilizes an increase in shear stress, that is, an increase in shear resistance, in the material to be cut, so that force is applied to the material in a direction that causes both blades to approach each other, that is, to narrow the gap between the two blades. To provide a shearing machine which eliminates bending and biting of the material and enables shearing work to be carried out effectively without any hindrance.” On page 6, line 20 - page 7, line 2 of the Remarks, Applicant argues, “Iwaasa also fails to disclose a trim punch moved at an oblique angle along (and parallel to) an angled guide surface [of the punch shoe] as the trim punch contacts a workpiece and while a punch shoe moves only in the vertical direction, as recited in claim 14. Rather, the lower cutting plate 3b of Iwaasa appears to move directly toward and away from, in other words perpendicular to, the angled surface of the upper cutting plate 3a, which the Examiner refers to as a punch shoe.” Examiner respectfully disagrees. As best understood, Applicant’s argument suggests trim punch (3b) moves in the direction of the arrow “B” depicted below in annotated fig. 3* of Iwaasa. However, trim punch (3b) cannot move directly toward and away from (i.e., perpendicular to, the angled guide surface (5) of punch shoe (3a) because downward protrusion (5b) on punch shoe (3a) is received in an abuts notch (6b) formed in trim punch (3b), as shown in fig. 3, thereby precluding any movement perpendicular to angled guide surface (5). Applicant’s interpretation does not appear to be supported by Iwaasa and does not represent the manner in which trim punch (3b) moves with respect to punch shoe (3a) and die block (18) during a cutting operation, as understood by the Examiner. Rather, Iwaasa discloses trim punch (3b) moves along angled guide surface (5) of punch shoe (3a) in the direction of arrow “A” which is arranged at angle α with respect to the horizontal plane (i.e., at an angle of 90° – α with respect to the vertical direction) in response to shearing force P. Iwaasa states on page 2, lines 28-40 of the translation, “cutting [board 3] is divided into upper and lower halves, and the lower surface 5 of the upper cutting board 3a [i.e., punch shoe] is arranged so that it descends from the front to the back in the feed direction of the cut material with respect to the shear plane formed when the upper and lower cutting blades move relative [to one another] linearly. The upper surface 6 of the lower cutting [board 3b] forms an inclined plane (angle of inclination α) and is aligned with the lower surface 5, forming an inclined plane in the same manner as the lower surface 5 of the upper cutting board 3a. The lower surface 5 of the upper cutting board 3a is provided with two T-grooves 17 parallel to the same direction as the inclination direction of the lower surface 5, and a plurality of stud bolts installed in the upper surface 6 of the lower cutting board 3b are provided in these. The upper and lower cutting [boards] 3a and 3b are connected so that the head of 7 is inserted and the lower cutting [board] 3b slides in the transverse direction along the lower surface 5 of the upper cutting [board] 3a at an inclination angle α with respect to the shearing surface” [emphasis added].
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Moreover, Iwaasa states on page 2, lines 25-28 of the translation, “guides 8a, 8b, 8c, and 8d are vertically arranged in parallel to each other inside the four corners of the frame 18, and hold a cutting board 3 corresponding to the slide of a portal press, and move the cylinder through the piston 4… the cutting board 3 fixed to the tip of the piston 4 with a plurality of bolts moves up and down.” As such, punch shoe (3a) is constrained by guides 8a, 8b, 8c and 8d and hydraulic drive cylinder 4) and only moves in the vertical direction.
On page 7, lines 6-10 of the Remarks, Applicant argues, “Iwaasa fails to disclose the step of moving the trim punch such that a clearance between the punch edge, the die block cutting edge and the workpiece increases as the trim punch moves past the block cutting edge. Rather, it appears that the clearance between the edge of the lower cutting plate 3b, the edge of the die block, and the workpiece would remain constant as the lower cutting plate 3b moves.” Examiner respectfully disagrees. Iwaasa states on page 3, lines 12-20 of the translation, “the hydraulic pressure in the cutting cylinder 4 is increased … and the upper cut is made. At this time, the upper cutting blade 1 receives a shear stress P vertically upward from the mouth of the material to be cut. As is clear from FIGS. 3 and 4, this shear stress P generates a force P sin α along the inclined lower surface 5 of the upper cutting board 3a… the gap between the upper and lower cutting blades only becomes extremely small and the gap does not become zero or negative.” On page 7, lines 11-14 of the Remarks, Applicant argues, “[n]one of the references cited, alone or in combination, teach the method of claim 14. The remaining rejected claims depend on claim 14 and thus are allowable over the references cited for at least the same reasons. Accordingly, withdrawal of the rejections under 35 U.S.C. 103 is respectfully requested.” Examiner respectfully disagrees. This argument is not persuasive for the reasons set forth above in response to each of the individual arguments set forth by Applicant in the Remarks. Notably, Iwaasa discloses each of the features expressed indicated by the arguments as failing to disclose.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 September 30, 2025
/ADAM J EISEMAN/Supervisory Patent Examiner, Art Unit 3724