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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, the claim recites the part “is essentially L-shaped in a top view” which renders the claim indefinite because it is not clear what is required for something to be “essentially” L-shaped, i.e., a shape with a right angle like an L or a shape that has any single bend similar to an L. For the purpose of examination, this phrase will be interpreted as a shape that has any single bend similar to an L. Claims 8-24 depend from claim 7 and fail to clarify the indefinite language.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 7, 9, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 5020858 B2 to Seiichi (as evidenced by US 2018/0065164 A1).
Regarding claim 7, Seiichi teaches a press forming method (Para. [0001]) comprising:
press forming a blank into a press forming part, which is essentially L-shaped in a top view (Fig. 9 shows that the part includes a single bend similar to an L-shape, as discussed in the indefiniteness rejection above) and that includes a top portion, a side wall portion continuous from the top portion via a punch shoulder, and a flange portion continuous from the side wall portion via a die shoulder, the press forming part having a curved portion curved in a recessed manner in a top view (Fig. 9; Examiner Annotated Fig. 9 is reproduced below to show the blank including the recited parts),
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wherein a stretch flange deformation generates at the flange portion in the curved portion when the press forming part is brought into a target shape (Figs. 4, 5 and 9; Para. [0013]; using a punch and die to form the curved piece having a hat-shaped cross section will result in stretch flange deformation when forming the piece into that shape, i.e., the target shape, as evidenced by US 2018/0065164 A1 Paras. [0045]-[0046]), and
wherein a bending radius of the die shoulder in the curved portion increases from both end sides toward a middle portion of the curve (Figs. 5 and 9; Paras. [0013] and [0030]; the fillet 16 may be positioned on the die shoulder at the bend portion and has a higher bending radius in the center where it is approximately flat, i.e., a very high bend radius, vs the end sides where it is curved).
Regarding claim 9, Seiichi teaches the press forming method according to claim 7 (Fig. 9).
Seiichi fails to explicitly teach a portion of shape that restrains rotational motion, which restrains a rotational motion of the blank in a press forming process, is formed on the top portion on at least one of the both end sides of the curve. However, an alternative embodiment of Seiichi (Fig. 7; Para. [0021]) teaches a portion of shape that restrains rotational motion 6, which restrains a rotational motion of the blank in a press forming process, is formed on the top portion on at least one of the both end sides of the curve (Fig. 7 shows a fillet 6 formed at least partially on the top portion, and it is noted that the fillet is interpreted as a shape that restrains rotational motion as the flat surface of the fillet would resist rotational movement). It would have been obvious to a person of ordinary skill in the art to modify the first embodiment of Seiichi to include the shape that restrains rotational motion as taught by the alternative embodiment of Seiichi so that the springback and torsion is reduced at the punch shoulder portion of the part (Para. [0010]).
Regarding claim 15, Seiichi teaches the press forming method according to claim 7 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 17, Seiichi teaches the press forming method according to claim 9 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
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 8, 10-14, 16, and 18-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Seiichi in view of US 2016/0082495 A1 to Miyagi.
Regarding claim 8, Seiichi teaches the press forming method according to claim 7 (Fig. 9).
Seiichi fails to explicitly teach wherein a minimum bending radius of the die shoulder is smaller than a bending radius of the punch shoulder. Seiichi teaches the part has a die shoulder and a punch shoulder each having a bending radius (Examiner Annotated Fig. 9), but is silent regarding the minimum bending angle of each.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try having the minimum bending radius of the die shoulder smaller than a bending radius of the punch shoulder as there was a known need to have bending radii of the curved portions (i.e., the punch and die shoulder portions) be within a certain range to prevent defects in the press formed product (Miyagi, Para. [0093]), and there are only a finite number of identified predictable solutions with respect to the bending radius of the die shoulder relative to the punch shoulder (i.e., less than, equal to, or greater than). It is also noted that the specification places no criticality on the minimum bending radius of the die shoulder being less than the bending radius of the punch shoulder (Paras. [0020], [0031] and [0036]).
Regarding claim 10, modified Seiichi teaches the press forming method according to claim 8 (Fig. 9).
Seiichi fails to explicitly teach a portion of shape that restrains rotational motion, which restrains a rotational motion of the blank in a press forming process, is formed on the top portion on at least one of the both end sides of the curve. However, an alternative embodiment of Seiichi (Fig. 7; Para. [0021]) teaches a portion of shape that restrains rotational motion 6, which restrains a rotational motion of the blank in a press forming process, is formed on the top portion on at least one of the both end sides of the curve (Fig. 7 shows a fillet 6 formed at least partially on the top portion, and it is noted that the fillet is interpreted as a shape that restrains rotational motion as the flat surface of the fillet would resist rotational movement). It would have been obvious to a person of ordinary skill in the art to modify the first embodiment of Seiichi to include the shape that restrains rotational motion as taught by the alternative embodiment of Seiichi so that the springback and torsion is reduced at the punch shoulder portion of the part (Para. [0010]).
Regarding claim 11, Seiichi teaches the press forming method according to claim 7 (Fig. 9).
Seiichi fails to explicitly teach wherein a flange width of the flange portion in the curved portion is larger in the middle portion than on the both ends sides of the curve. Seiichi teaches the part has a flange (Examiner Annotated Fig. 9), but is silent regarding the width of the flange.
Miyagi teaches a part including a top, punch shoulder, side wall, die shoulder and flange (Fig. 4B) and the width of the flange is larger in the middle portion than on the both ends sides of the curve (Fig. 4B clearly shows the flange in the center is larger than on the end sides).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to substitute the flange in the formed part of Seiichi with the flange of Miyagi as those components and their functions were well known in the art and a person of ordinary skill in the art could have substituted each of these known elements for another with the predictable result of providing a flange that stabilizes the part.
Regarding claim 12, modified Seiichi teaches the press forming method according to claim 8 (Fig. 9).
Seiichi fails to explicitly teach wherein a flange width of the flange portion in the curved portion is larger in the middle portion than on the both ends sides of the curve. Seiichi teaches the part has a flange (Examiner Annotated Fig. 9), but is silent regarding the width of the flange.
Miyagi teaches a part including a top, punch shoulder, side wall, die shoulder and flange (Fig. 4B) and the width of the flange is larger in the middle portion than on the both ends sides of the curve (Fig. 4B clearly shows the flange in the center is larger than on the end sides).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to substitute the flange in the formed part of Seiichi with the flange of Miyagi as those components and their functions were well known in the art and a person of ordinary skill in the art could have substituted each of these known elements for another with the predictable result of providing a flange that stabilizes the part.
Regarding claim 13, Seiichi teaches the press forming method according to claim 9 (Fig. 9).
Seiichi fails to explicitly teach wherein a flange width of the flange portion in the curved portion is larger in the middle portion than on the both ends sides of the curve. Seiichi teaches the part has a flange (Examiner Annotated Fig. 9), but is silent regarding the width of the flange.
Miyagi teaches a part including a top, punch shoulder, side wall, die shoulder and flange (Fig. 4B) and the width of the flange is larger in the middle portion than on the both ends sides of the curve (Fig. 4B clearly shows the flange in the center is larger than on the end sides).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to substitute the flange in the formed part of Seiichi with the flange of Miyagi as those components and their functions were well known in the art and a person of ordinary skill in the art could have substituted each of these known elements for another with the predictable result of providing a flange that stabilizes the part.
Regarding claim 14, modified Seiichi teaches the press forming method according to claim 10 (Fig. 9).
Seiichi fails to explicitly teach wherein a flange width of the flange portion in the curved portion is larger in the middle portion than on the both ends sides of the curve. Seiichi teaches the part has a flange (Examiner Annotated Fig. 9), but is silent regarding the width of the flange.
Miyagi teaches a part including a top, punch shoulder, side wall, die shoulder and flange (Fig. 4B) and the width of the flange is larger in the middle portion than on the both ends sides of the curve (Fig. 4B clearly shows the flange in the center is larger than on the end sides).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to substitute the flange in the formed part of Seiichi with the flange of Miyagi as those components and their functions were well known in the art and a person of ordinary skill in the art could have substituted each of these known elements for another with the predictable result of providing a flange that stabilizes the part.
Regarding claim 16, Seiichi teaches the press forming method according to claim 8 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 18, Seiichi teaches the press forming method according to claim 10 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 19, Seiichi teaches the press forming method according to claim 11 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 20, Seiichi teaches the press forming method according to claim 12 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 21, Seiichi teaches the press forming method according to claim 13 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 22, Seiichi teaches the press forming method according to claim 14 (Fig. 9), wherein the blank used for the press forming of the press forming part is a metal sheet having tensile strength of a 440 MPa-grade to a 1600 MPa-grade (Para. [0030]; the sheet has a tensile strength of 590 MPa).
Regarding claim 24, modified Seiichi teaches the press forming method according to claim 8 (Fig. 9), wherein:
the minimum bending radius of the die shoulder is smaller than a bending radius of the punch shoulder in the curved portion (this claim depends from claim 8, in which modified Seiichi includes a minimum bending radius of the die shoulder is smaller than the bending radius of the punch shoulder at any portion of the shoulders including in the curved portion, i.e., in the areas of the die shoulder on the curved portion that do not include the fillet), and
the bending radius of the punch shoulder in the curved portion is constant from the middle portion of the curve to both end sides of the curve (Fig. 9 shows that the punch shoulder has a constant bending radius throughout the curved portion).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Seiichi in view of JP 2010064138 B2 to Yoshida.
Regarding claim 23, Seiichi teaches a press forming method of further performing, with a press forming part press formed by the press forming method according to claim 7 being a pre-formed part (Fig. 9).
Seiichi fails to explicitly teach press forming of the pre-formed part into a target shape having a top portion, a side wall continuous from the top portion via a punch shoulder, a flange portion continuous from the side wall via a die shoulder, and a curved portion curved in a recessed manner in a top view, wherein, in the pre-formed part, a bending radius of the die shoulder in the middle portion of the curved portion is larger than a bending radius of the die shoulder in the middle portion of the curved portion of the target shape.
Yoshida teaches forming a pre-formed part having a top 17, punch shoulder, side wall 22, die shoulder and flange 11 (Fig. 4; the punch shoulder is shown between the top and side wall, and the die shoulder is shown between the side wall and flange) and press forming of the pre-formed part into a target shape having a top portion, a side wall continuous from the top portion via a punch shoulder, a flange portion continuous from the side wall via a die shoulder, and a curved portion curved in a recessed manner in a top view (Fig. 5; Para. [0021]),
wherein, in the pre-formed part, a bending radius of the die shoulder in the middle portion of the curved portion is larger than a bending radius of the die shoulder in the middle portion of the curved portion of the target shape (Fig. 5b; Para. [0021]; the bending radius of the curved portion, including at the middle portion, is larger in the pre-formed part than in the target shape).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the method of Seiichi to have the forming process be performed in two steps with a pre-formed part and a target part as taught by Yoshida so that stresses get cancelled out and the dimensional accuracy is better (Yoshida, Paras. [0007]and [0011]).
Response to Arguments
Applicant’s amendments and remarks dated November 28, 2025, with respect to the rejections under 35 USC 102 and 103 have been fully considered and are not persuasive.
With respect to the new limitations regarding the “essentially L-shaped” part, this phrase is indefinite as discussed above in the 112 rejection. Applicant appears to be arguing that the shape of the part needs to be L-shaped, i.e., with two portions orthogonal to each other, but the term “essentially” renders this phrase indefinite and results in the phrase being interpreted as any part that includes a bend. Thus, the prior art reference teach an “essentially L-shaped” part, as discussed above. Applicant’s arguments focusing on the shape of the part being generated (Remarks, PP. 6 and 8-9) are not commensurate in scope with the claim language because “essentially L-shaped” does not require an L-shaped part and the part in Seiichi including a non-orthogonal bend is essentially L-shaped.
Regarding the stretch flange deformation (Remarks, PP. 7-8), while the prior art relied upon in the previous rejection was silent regarding whether or not a stretch flange deformation is generated during the forming process, US 2018/0065164 A1 Paras. [0045]-[0046] teach that a stretch flange deformation does occur in a forming operation including pressing a workpiece between a punch and die to form a piece having a hat-shaped cross-section with a bend in the longitudinal direction. Accordingly, as the claim only requires for this deformation to be generated during the forming process, Seiichi teaches this deformation occurs as evidenced by US 2018/0065164 A1.
Regarding the arguments that in Seiichi the bending radius of the die shoulder in the curved portion does not increase from both ends to the middle portion of the curve (Remarks, P. 8), Applicant points to the shape of the part requiring a different function of the die shoulder which results in Seiichi failing to teach this feature. This argument is not persuasive because the part is not required to have the shape Applicant argues (as discussed above) and further Fig. 9 of Seiichi shows the bending radius for the die shoulder at the curved ends are smaller than the middle portion with the flat fillet, which would have an extremely large bending radius.
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 MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725