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 .
Newly submitted independent claim 46 and dependent claims 10-11 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: new claim 46 recites “the at least one label is removed from the transfer film and laid in the first injection mold half of the injection-molding apparatus without any intermediate steps between step c) and step d)” (cl 46:19-21) whereas claim 1 recites intermediate step b1 that places the at least one label in at least one pre-centering device. Clam 1 and new claim 46 are distinct species because they are non-overlapping. Further, these species are not obvious variants of each other based on the current record.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 10-11 and 46 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claim(s) 1,3-4,6,7,9,12-14, and 16-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuchs et al (USP2021/0001524) in view of WO2015/060713 and DE102007013966 (English machine translation provided herewith).
Regarding claim 1, Fuchs et al teach:
1. A method for decorating an injection-molded part comprising the following steps:
a) providing a transfer film in the form of a roll (Fuchs et al: paras. 0049,0057, 0108-0127; figs 1-7)
b) cutting the transfer film to size to form at least one label (Fuchs et al: paras. 0083 and 0147; figs 1-7)
c) laying the at least one label in an injection-molding apparatus (Fuchs et al: paras. 0148-0152; figs 1-7)
d) closing the injection-molding apparatus Fuchs et al: paras. 0148-0152; figs 1-7)
e) back-injection molding the at least one label by means of an injection- molding compound (Fuchs et al: paras. 0148-0152; figs 1-7)
f) opening the injection-molding apparatus and removing the injection-molded part, wherein the transfer film has at least one carrier film and at least one transfer ply (Fuchs et al: paras. 0148-0152; figs 1-7).
However, Fuchs et al do not teach laying the label in the injection molding apparatus by means of a robot arm; after removing the injection molded part from the mold, peeling the carrier film off the injection molded part; and step b1).
Regarding laying the label in the injection molding apparatus, and step b1), WO2015/060713 teach an insert molding process including placing a label on a positioning table 8 having protrusions/pins for centering (WO2015/060713: fig 1)/pre-centering device, wherein at least one robot arm has at least one suction tool for gripping or picking up the at least one label by means of vacuum (WO2015/060713: fig 1: transfer device including first transfer member 15 with suction cups 28 and second transfer member 16 with suction cups 28 constitute the at least one suction tool), and wherein the at least one suction tool has at least one centering device, and/or at least one flat centering device, which center the at least one label mechanically (WO2015/060713: fig 1: transfer device including first transfer member 15 with suction cups 28 and second transfer member 16 with suction cups 28 are designed to pick up the label and move the label in the standard position, i.e. centered position), and wherein the at least one pre-centering device has a matching or negative mating part of the at least one centering device of the at least one suction tool (WO2015/060713: fig 1: since the label on the positioning table is in a standard position/centered and the transfer device picks up and maintains the centered label in the standard position/centered state, the positioning table and the transfer device must be matching).
Regarding after removing the injection molded part from the mold, peeling the carrier film off the injection molded part, DE102007013966 teaches peeling off a carrier film from a transfer film-decorated injection molded part after the part is removed from the mold so that the transfer film decoration is not thinned or crack during the molding step (short specification; figs 7-9). Also, DE102007013966 teaches keeping the carrier film on the transfer film before and during injection molding in order to facilitate and make easy the transportation of the transfer film (short specification; figs 7-9). Since Fuchs et al and DE102007013966 are analogous with respect to insert molding using transfer and carrier films, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to peel off the carrier film of Fuchs et al after injection molding as taught by DE102007013966 in order to protect the transfer film from thinning and cracking during injection molding.
Regarding claims 3, and 4, such is taught by Fuchs et al (Fuchs et al: paras. 0049,0057, 0108-0127; figs 1-7).
Regarding claim 6, Fuchs et al do not teach the claimed thickness of the detachment layer. Since detachment layers having the claimed thickness are well-known in the transfer film art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to set thickness of the detachment layer of Fuchs et al at the claimed value in order to ensure a strong enough bond.
Regarding claim 7, such is taught by Fuchs et al (para. 0113).
Regarding claim 9, Fuchs et al do not teach a registration mark or register mark or motif, which is detectable by means of at least one sensor. Since registration marks or motifs observable by sensor are well-known in the insert molding art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a mark or motif on the transfer film of Fuchs et al in order to enhance accuracy.
Regarding claim 12, such is taught by Fuchs et al (para. 0083).
Regarding claim 13, such is inherently taught by Fuchs et al since Fuchs et al teach cutting the transfer film by laser or punching.
Regarding claim 14, Fuchs et al do not teach the claimed cutting accuracy. Since the claimed cutting tolerance is well-known in the insert molding and transfer film arts, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to set the cutting tolerance of Fuchs et al to the claimed values in order to ensure a high-quality product having the desired shape and design.
Regarding claim 16, Fuchs et al (modified) teaches picking up the label from the pre-centering device by means of a robot arm, but does not teach depositing the picked up label in the pre-centering device again and one more picking the label up by the robot arm. Since it is well-known in the molding art to repeat a pick up step in order to ensure accuracy, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to repeat the pick up step of Fuchs et al (modified) in order to ensure the label is centered and accurately picked up.
Regarding claim 17, such is inherently taught by Fuchs et al (Fuchs et al: paras. 0049,0057, 0108-0127; figs 1-7).
Regarding claim 18, Fuchs et al do not teach the claimed positioning accuracy. Since the claimed positioning tolerance is well-known in the insert molding and transfer film arts, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to set the positioning tolerance of Fuchs et al to the claimed values in order to ensure a high-quality product having the desired appearance and design.
Regarding claim 19, Fuchs et al do not teach using a vacuum to hold the label within the injection mold. Since it is well-known in the insert molding and transfer film arts to hold an insert within a mold via vacuum in order to maintain accuracy, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the injection mold of Fuchs et al to vacuum hold the transfer film of Fuchs et al in order to maintain the films position during injection molding.
Regarding claim 20, Fuchs et al do not teach the injection molding compound is injected by means of injection pressure in the direction of the at least one second injection mold half. Since injecting material directly at an opposing mold half is well-known in the IML injection molding art for lessen the chance of the label moving during injection, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to direct the injected material of Fuchs et al at the second mold half in order to ensure the label of Fuchs et al does not move during injection.
Regarding claim 21, such is taught by Fuchs et al (Fuchs et al: paras. 0049,0057, 0108-0127; figs 1-7).
Regarding claim 22, such is taught by Fuchs et al (Fuchs et al: paras. 0049,0057, 0108-0127; figs 1-7).
Regarding claim 23, Fuchs et al teach an injection pressure is dependent on the geometry of the molded part and the plastic material (para. 0152), but does not teach the claimed pressure. Injection pressure is well-known in the molding art as an important molding parameter and the desired pressure would have been obviously and readily determined through routine experimentation by one having ordinary skill in the art at the time the invention was made. Further, the claimed pressure is generally well-known in the molding art and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to injection mold the product of Fuchs et al at the claimed pressure in order to produce high quality products while reducing molding time.
Regarding claim 24, such is inherently taught by Fuchs et al in order to allow for storage of the products (Fuchs et al: paras. 0049,0057, 0108-0127; figs 1-7).
Applicant’s arguments with respect to claim(s) 1,3-4,6-7,9,12-14, and 16-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs 6251333 and 6673296 teach transfer films positioned within an injection mold via a robot. WO2005002305 teaches transfer films with registration marks. Both JP2000-263672 and EP3481632 teach removing a carrier film after an injection molding process and removal of the injection molded part from the mold. USP20070182063 teach an IML injection molding process including a grabber.
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 EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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