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 .
Response to Arguments
Applicant’s arguments, see pages 9-10 of the Remarks filed 01/28/2026, with respect to Tarasconi no longer anticipating the amended Claims 1 and 19 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly-found prior art.
Applicant's arguments, see page 10 of the Remarks, with respect to Tarasconi no longer anticipating the amended Claim 12 have been fully considered but they are not persuasive. Applicant states that Tarasconi fails to teach a biasing member guide comprising a post and having the biasing member located at least partially about the biasing member guide. Examiner respectfully disagrees. In the non-final Office action mailed 10/28/2025, the latch 100 with abutments 106 was interpreted as the biasing member and the spring 85 was interpreted as the biasing member guide, which is located at least partially within the latch 100 as can be clearly seen in Figure 3. While it is true that the spring 85 itself does not comprise a post, the spring is coupled on either end to a pin 84, which can be interpreted as a post. Therefore, when the assembly of spring 85 and pins 84 is interpreted as the claimed biasing member guide, this limitation of the claim is met.
Claim Objections
Claim 9 is objected to because of the following informality: the limitation “and the punch insert is free to be removed from the punch seat” in lines 2-3 is redundant, as Claim 5, from which Claim 9 depends, has been amended to include this feature.
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.
Claim 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 18, the scope of the limitation “wherein the clamping plate further comprises a biasing member guide” is unclear, as this feature is already recited in the amended Claim 12. Is the biasing member guide of Claim 18 meant to be the same as that of Claim 12, or is it a separate, additional biasing member guide? Based on the rest of the disclosure, for examination purposes the former interpretation will be used.
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 12, 15-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tarasconi (US 6,446,485).
Regarding Claim 12, Tarasconi discloses (Figures 1-5) an apparatus comprising: a press brake (col. 1 ln 5) comprising: a die (col. 1 lns 13-14: a die is a necessary feature of a press brake); an actuation arm (movable upper toolplate 2); an adapter tool (intermediary 6) comprising: an attachment section (lateral flange 71) coupled to the actuation arm; a body (assembly of central body 7 and bars 75), coupled to the attachment section, comprising a punch seat (col. 3 lns 5-8; see Annotated Figure 5 below) and defines a clamping plate space (spaces formed between top portions of jaws 81 and 82 and the surface of intermediate portion 73, see Annotated Figure 5 below) and a hinge pin hole (openings for pins 78 in bars 75); a connector comprising a clamping plate (jaws 81/82) in rotational attachment with the body; and the clamping plate comprises an engagement member (raised edge 800); a hinge (col. 3 ln 13), and a biasing member guide (assembly of spring 85 and pins 84; col. 3 lns 49-51: the spring guides the movement of the latch 100); wherein the hinge comprises a hinge pin (pins 78), and the biasing member guide comprises a post (pin 84); and a punch insert (tool 4), coupled to the adapter tool and aligned with the die (col. 2 lns 46-48: the term “counter-tools” implies that the tool on the lower toolplate, i.e. the die, cooperates with that on the upper toolplate and thus must be aligned with tool 4), defining a punch locking groove (see Annotated Figure 5 below) and comprising a punch attachment (see Annotated Figure 5 below) and a punch abutment (bottom edge of tool 4 shown in Figure 1); wherein the connector is configured to move between a first position and a second position (col. 3 ln 61 – col. 4 ln 4: the clamped position, shown in Figures 4-5, is the first position, and the open position is the second position); the hinge pin hole extends parallel to the engagement member (col. 3 lns 13-14: the pins 78 are the same length as central body 7, indicating that the pins, and by extension the openings accommodating them extend in the length direction of the central body, i.e. parallel to raised edges 800) and the hinge pin extends though the hinge pin hole and engages the body on each side of the hinge pin hole (the pins 78 are engaged with bars 75 on each side of the respective pin openings due to the fact that the pins are longer than the thickness of the bars they pass through), the hinge couples the connector to the body and a biasing member (latch 100 with abutments 106) is located at least partially about the biasing member guide (clearly seen in Figure 3) and biases the connector to the first position (col. 3 lns 61-65: the abutments on the latch serve to bias the jaw 81/82 into the first, clamped position); in the first position, the engagement member engages the punch locking groove (shown in Figures 4-5); in the second position at least a portion of the clamping plate resides within the clamping plate space (col. 4 lns 1-3: due to the hinge configuration, when jaws 81/82 rotate open into the second position, the upper portions thereof will reside in the clamping plate space), the engagement member is disengaged from the punch locking groove (col. 4 lns 1-3: when the jaw 81/82 is rotated away from the clamped position, the raised edge 800 will disengage from the punch locking groove), and the punch insert (tool 4) is able to be removed from the punch seat (col. 4 lns 3-4).
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Tarasconi Annotated Figure 5
Regarding Claim 15, Tarasconi discloses (Figure 5) the punch insert (tool 4) defines a punch ledge (see Annotated Figure 5 above), the body (assembly of central body 7 and bars 75) further comprises a projection (lower portion 72), and the projection abuts the punch ledge (clearly seen in Annotated Figure 5 above).
Regarding Claim 16, Tarasconi discloses (Figures 1 and 5) the apparatus further comprises a second punch insert (second tool 4 shown in Figure 1), wherein the second punch insert comprises a second punch attachment (see Annotated Figure 5 above; col. 2 lns 44-45: each tool 4 has the same shape, so the shape of the second punch insert is identical to that of the first punch insert, shown in Figure 5) and a second punch abutment (bottom edge of tool 4), and defines a second punch locking groove (see Annotated Figure 5 above); the second punch insert is configured to be located inside the body (assembly of central body 7 and bars 75) and to abut the punch seat (clearly seen in Figures 4-5), and the engagement member (raised edge 800) is configured to engage the second punch locking groove to secure the second punch insert to the adapter tool (intermediary 6) in the first position (clearly seen in Figures 4-5).
Regarding Claim 18, Tarasconi discloses (Figures 3-5) the clamping plate (jaws 81/82) further comprises a biasing member guide (assembly of spring 85 and pins 84; col. 3 lns 49-51: the spring guides the movement of the latch 100); the biasing member (latch 100 with abutments 106) is located inside the clamping plate space (clearly seen in Figures 4-5); and the biasing member guide is located inside the biasing member (clearly seen in Figure 3).
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, 4-11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson et al., hereinafter Edmondson (US 6,450,004), in view of Tarasconi (US 6,446,485).
Regarding Claim 1, Edmondson discloses (Figures 1-2 and 5) an apparatus comprising: an adapter tool comprising: an attachment section (adapter 20a/b/c); a body (lower bodies 54), coupled to the attachment section, comprising a punch seat (col. 10 lns 41-47; see Annotated Figure 5 below) and defines a clamping plate space (spaces formed between top portions of clamps 64a/b and the surface of lower bodies 54, see Annotated Figure 5 below) and a hinge pin hole (passages 72); and a connector comprising a clamping plate (clamps 64a/b) in rotational attachment with the body; and the clamping plate comprises an engagement member (punch retaining extensions 76a/b), a biasing member (springs 86) and a hinge (col. 10 lns 28-40 describes the hinge configuration); wherein the hinge comprises a hinge pin (clamp pivot bolt 70); wherein the hinge couples the connector to the body and the connector is configured to move between a first position (clamped position shown on left side of Figure 5) and a second position (open position shown on right side of Figure 5); in the second position, at least a portion of the clamping plate resides within the clamping plate space (col. 11 lns 43-45: upper end 84b of clamp 64b pivots inwardly, i.e. into the clamping plate space, in the second position), the biasing member biases the connector to the first position (col. 11 lns 33-37: the springs 86 bias the clamps 64a/b into the first, i.e. clamped, position, and a force must be applied in order to move the clamps 64a/b into the second, i.e. open, position; due to the nature of how spring force works, when the springs 86 are compressed in the second position, they will be applying force to the clamps 64a/b to bias them back to the first position once the external applied force is removed), and the engagement member is located a second distance from the punch seat (distance between punch retaining extension 76b and central extension 80 when the clamp 64b is in the open position); and in the first position, the engagement member is a first distance from the punch seat (distance between punch retaining extension 76a and central extension 80 when the clamp 64a is in the clamped position), the biasing member applies force to the connector (col. 11 lns 29-36: springs 86 apply force to clamps 6a/b to hold them in the first, i.e. clamped, position), and the first distance is less than the second distance (clearly seen in Figure 5).
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Edmondson Annotated Figure 5
Edmondson does not disclose that the hinge pin hole extends parallel to the engagement member and the hinge pin extends through the hinge pin hole and engages the body on each side of the hinge pin hole. In the same field of endeavor, Tarasconi teaches (Figures 4-6) an apparatus comprising an adaptor tool comprising: a body (assembly of central body 7 and bars 75) comprising a hinge pin hole (openings for pins 78 in bars 75); and a connector comprising a clamping plate (profiled jaws 81/82) which comprises an engagement member (raised edge 800); the clamping plate comprises a hinge (col. 4 lns 27-28); wherein the hinge comprises a hinge pin (pins 78); wherein the hinge pin hole extends parallel to the engagement member and the hinge pin extends through the hinge pin hole (col. 4 lns 27-28: the pins 78 are the same length as central body 7, indicating that the pins, and by extension the opening accommodating them extend in the length direction of the central body, i.e. parallel to raised edges 800) and engages the body on each side of the pin hole (the pins 78 are engaged with bars 75 on each side of the respective pin openings due to the fact that the pins are longer than the thickness of the bars they pass through). This hinge configuration performs the same function as that of Edmondson, i.e. allowing the clamping plate to pivot between first and second positions. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adaptor tool in the apparatus disclosed by Edmondson such that the hinge pin hole extends parallel to the engagement member and the hinge pin extends through the hinge pin hole and engages the body on each side of the pin hole, as taught by Tarasconi, as this is a known configuration for performing the claimed function of coupling the connector to the body such that it is configured to move between a first position and a second position.
Examiner note: when the combination of Edmondson and Tarasconi is made, the hinge configuration of Edmondson (clamp pivot bolts 70 extending through passages 72 and 68 in lower bodies 54 and clamps 64a/b, respectively) is replaced by the hinge configuration of Tarasconi (bars 75 and pins 78).
Regarding Claim 4, Edmondson discloses (Figure 5) the body (lower bodies 54) defines a punch shoulder (bottom surface of upper channel 56), and the punch shoulder is aligned with the punch seat (clearly seen in Annotated Figure 5 above).
Regarding Claim 5, Edmondson discloses (Figure 5) the apparatus further comprises a punch insert (punches 78a/b), wherein the punch insert comprises a punch attachment (see Annotated Figure 5 above) and a punch abutment (bottom edge of punches 78a/b) and defines a punch locking groove (slot 82); wherein the punch insert is located inside the body (lower bodies 54) and abuts the punch seat (clearly seen in Annotated Figure 5 above), and the engagement member (punch retaining extensions 76a/b) engages the punch locking groove to secure the punch insert to the adapter tool in the first position (col. 10 lns 41-47; clearly seen in Figure 5), and the punch insert is able to be removed in the second position (col. 11 lns 40-47).
Regarding Claim 6, Edmondson discloses (Figure 5) the punch insert (punches 78a/b) defines a punch ledge (see Annotated Figure 5 above), the body (lower bodies 54) further comprises a projection (central extension 80), and the projection abuts the punch ledge (clearly seen in Annotated Figure 5 above).
Regarding Claim 7, Edmondson discloses (Figure 5) the punch insert (punches 78a/b) corresponds to the punch seat (see Annotated Figure 5 above; corresponding shapes clearly seen in figure).
Regarding Claim 8, Edmondson discloses (Figures 1 and 5) the apparatus further comprises a second punch insert (second punch 78 shown in Figure 1), wherein the second punch insert comprises a second punch attachment (see Annotated Figure 5 above; col. 10 lns 50-52: each of punches 78a and 78b are part of a series of punches having the same shape, so the shape of the second punch insert is identical to that of the first punch insert, shown in Figure 5) and a second punch abutment (bottom edge of punches 78a/b), and defines a second punch locking groove (slot 82); the second punch insert is configured to be located inside the body (lower bodies 54) and to abut the punch seat (clearly seen in Annotated Figure 5 above), and the engagement member (punch retaining extensions 76a/b) is configured to engage the second punch locking groove to secure the second punch insert to the adapter tool in the first position (col. 10 lns 41-47; clearly seen in Figure 5).
Regarding Claim 9, Edmondson discloses (Figure 5) in the second position (open position shown on right side of Figure 5), the engagement member (punch retaining extensions 76a/b) is disengaged from the punch locking groove (slot 82; disengagement clearly seen in Figure 5), and the punch insert (punches 78a/b) is free to be removed from the punch seat (col. 11 lns 40-47).
Regarding Claim 10, Edmondson discloses (Figure 1) the apparatus further comprises a press brake (press brake 10), and the press brake comprises a press brake attachment (ram 14) and a die (col. 1 lns 22-23: a die is a necessary feature of a press brake), and the attachment section (adaptor 20a/b/c) is coupled to the press brake attachment, and the punch seat (see Annotated Figure 5 above) is aligned with the die (col. 1 lns 25-27: the punches 78a/b are driven downwardly into the dies, therefore the punch seat must be aligned with the die).
Regarding Claim 11, Edmondson discloses (Figures 1 and 5) the attachment section (adaptor 20a/b/c) is configured to be secured to the press brake attachment (ram 14), and the press brake attachment is selected from the group consisting of European Style AMADA One-Touch System, WILA Style, AMADA Auto Tool Change, and Bolt Change (col. 8 lns 19-23).
Regarding Claim 19, Edmondson discloses (Figures 1-2 and 5) an apparatus comprising: an adapter tool comprising: an attachment section (adapter 20a/b/c); a body (lower bodies 54), coupled to the attachment section, comprising a punch seat (col. 10 lns 41-47; see Annotated Figure 5 above) and defines a clamping plate space (spaces formed between top portions of clamps 64a/b and the surface of lower bodies 54, see Annotated Figure 5 above) and a hinge pin hole (passages 72); and a connector comprising a clamping plate (clamps 64a/b) in rotational attachment with the body; and the clamping plate comprises an engagement member (punch retaining extensions 76a/b) and a hinge (col. 10 lns 28-40 describes the hinge configuration); wherein the hinge comprises a hinge pin (clamp pivot bolt 70); wherein the hinge couples the connector to the body and the connector is configured to move between a first position (clamped position shown on left side of Figure 5) and a second position (open position shown on right side of Figure 5); in the second position, at least a portion of the clamping plate resides within the clamping plate space (col. 11 lns 43-45: upper end 84b of clamp 64b pivots inwardly, i.e. into the clamping plate space, in the second position), and the engagement member is located a second distance from the punch seat (distance between punch retaining extension 76b and central extension 80 when the clamp 64b is in the open position); in the first position, the engagement member is a first distance from the punch seat (distance between punch retaining extension 76a and central extension 80 when the clamp 64a is in the clamped position), and the first distance is less than the second distance (clearly seen in Figure 5), and the connector is biased by a biasing member (springs 86) towards the first position (col. 11 lns 29-36: springs 86 bias clamps 6a/b towards the first, i.e. clamped, position), even when moving from the first position to the second position (col. 11 lns 33-37: a force must be applied in order to move the clamps 64a/b from the first, i.e. clamped, position to the second, i.e. open, position; due to the nature of how spring force works, when the springs 86 are being compressed while the clamps are moved into the second position, they will be applying force to the clamps to resist said movement and bias them back to the first position).
Edmondson does not disclose that the hinge pin hole extends parallel to the engagement member and the hinge pin extends through the hinge pin hole and engages the body on each side of the hinge pin hole. In the same field of endeavor, Tarasconi teaches (Figures 4-6) an apparatus comprising an adaptor tool comprising: a body (assembly of central body 7 and bars 75) comprising a hinge pin hole (openings for pins 78 in bars 75); and a connector comprising a clamping plate (profiled jaws 81/82) which comprises an engagement member (raised edge 800); the clamping plate comprises a hinge (col. 4 lns 27-28); wherein the hinge comprises a hinge pin (pins 78); wherein the hinge pin hole extends parallel to the engagement member and the hinge pin extends through the hinge pin hole (col. 4 lns 27-28: the pins 78 are the same length as central body 7, indicating that the pins, and by extension the opening accommodating them extend in the length direction of the central body, i.e. parallel to raised edges 800) and engages the body on each side of the pin hole (the pins 78 are engaged with bars 75 on each side of the respective pin openings due to the fact that the pins are longer than the thickness of the bars they pass through). This hinge configuration performs the same function as that of Edmondson, i.e. allowing the clamping plate to pivot between first and second positions. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adaptor tool in the apparatus disclosed by Edmondson such that the hinge pin hole extends parallel to the engagement member and the hinge pin extends through the hinge pin hole and engages the body on each side of the pin hole, as taught by Tarasconi, as this is a known configuration for performing the claimed function of coupling the connector to the body such that it is configured to move between a first position and a second position.
Examiner note: when the combination of Edmondson and Tarasconi is made, the hinge configuration of Edmondson (clamp pivot bolts 70 extending through passages 72 and 68 in lower bodies 54 and clamps 64a/b, respectively) is replaced by the hinge configuration of Tarasconi (bars 75 and pins 78).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Edmondson in view of Tarasconi as applied to Claim 1 above, and further in view of Morehead et al., hereinafter Morehead (US 2005/0284206).
Regarding Claim 3, Edmondson discloses (Figure 5) the biasing member (spring 86) is located inside the clamping plate space (clearly seen in Annotated Figure 5 above), but is silent to the clamping plate further comprising a biasing member guide. In the same field of endeavor, Morehead teaches (Figures 6-8) an apparatus comprising an adaptor tool (tool holder TH) comprising a connector comprising a clamping plate (clamp CL) in rotational attachment with a body (block B), and the clamping plate comprises a biasing member (primary spring member 155) which biases the connector to a first position ([0081] lns 14-21), wherein the clamping plate further comprises a biasing member guide (post 180) and the biasing member guide is located inside the biasing member (clearly seen in figures). One skilled in the art would recognize that using this type of biasing member guide with a spring-type biasing member helps to anchor the biasing member in place during operation. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clamping plate in the apparatus disclosed by Edmondson and modified by Tarasconi such that it further comprises a biasing member guide, and the biasing member guide is located inside the biasing member, as taught by Morehead, in order to ensure that the biasing member is adequately anchored in place during operation of the apparatus.
Claims 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tarasconi as applied to Claim 12 above, and further in view of Morehead et al., hereinafter Morehead (US 2005/0284206).
Regarding Claim 13, Tarasconi discloses (Figure 1) the actuation arm (movable upper toolplate 2) comprises a press brake attachment (plates coupled to bottom of movable upper toolplate 2) that is coupled to the attachment section (lateral flange 71) by “usual means” (col. 2 lns 55-56), but is silent to the specific structure of said usual means. In the same field of endeavor, Morehead teaches a press brake attachment which is selected from the group consisting of European Style AMADA One-Touch System, WILA Style, AMADA Auto Tool Change, and Bolt Change ([0039] lns 1-2) for the purpose of connecting an adapter tool (tool holder TH) to a press brake. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the press brake attachment in the apparatus disclosed by Tarasconi such that it is selected from the group consisting of European Style AMADA One-Touch System, WILA Style, AMADA Auto Tool Change, and Bolt Change, as Morehead teaches that these attachments are known in the art to be “usual means” for connecting an adapter tool to a press brake.
Regarding Claim 17, Tarasconi is silent to the operation of the press brake. In the same field of endeavor, Morehead teaches a press brake ([0001] lns 2-3) configured to move from a press brake first position to a press brake second position ([0051] lns 15-19: the first position is “out of engagement” with the workpiece, and the second position is “into engagement” with the workpiece); in the press brake first position, a punch insert is a distance away from a die, and in the press brake second position, the punch insert forces an item to abut the die ([0003] lns 8-10), and that this is the known common operation of a press brake (see para. [0002]-[0003]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the press brake in the apparatus disclosed by Tarasconi such that it is configured to move from a press brake first position to a press brake second position, in the press brake first position, a punch insert is a distance away from a die, and in the press brake second position, the punch insert forces an item to abut the die, as Morehead teaches that this is the typical operation configuration of a press brake.
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 TERESA A GUTHRIE whose telephone number is (571)270-5042. The examiner can normally be reached M/Tu/Th, 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA A GUTHRIE/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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