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 .
Claims 1-6, 8-9, 11-12, 14-18, and 20-22 have been examined.
Claims 25-26 have been withdrawn from examination.
Claims 7, 10, 13, 19, and 23-24 have been canceled by the applicants.
Election/Restrictions
Claims 1-6, 8-9, 11-12, 14-18, and 20-22 have been elected without traverse by the applicants on 2/2/2026.
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.
Claim(s) 1-6, 8-9, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GONSER (US 6416312 B1, see IDS).
Re: 1, GONSER teaches of a method for forming an object (see preforms, Col. 3, lines 9-11), comprising the steps of:
- providing a mould (mold assembly 10, Fig. 6, Col. 4, lines 1-5) comprising a first mould part (female insert 127, Fig. 6) and a second mould part (female plunger guide block 142, Fig. 6) opposite to each other, a part selected from between the first mould part and the second mould part comprising a plurality of sectors (slide mold parts 116, 118, Figs. 6-8) for shaping at least a lateral portion of the object (Figs. 6-8, Col. 5, line 61 to Col. 6, line 20), the sectors delimiting a variable-volume forming region of the mould (see slide motion of the molds 116, 118 in Fig. 7);
- positioning a dosed amount (Col. 5, lines 5-30) of mouldable material between the first mould part and the second mould part while the mould is in an open position (see compression molding, Col. 5, lines 5-30);
- displacing the first mould part and the second mould part towards each other in a moulding direction (see Fig. 6), to define between the first mould part and the second mould part a closed forming chamber (space 128, Fig. 6) by bringing into contact respective abutment surfaces of the first mould part and of the second mould part (see abutment surface between elements 118 and 127, see Fig. 6), the abutment surfaces extending transversely to the moulding direction (see Fig. 6), the method further comprising the step of moving the sectors transversely to the moulding direction (see Fig. 7) in order to reduce volume of the variable-volume forming region (see closed state in Fig. 6), and wherein the mould comprises a forming component (see male plunger 126, Fig. 6) which penetrates into the variable-volume forming region (space 128), thereby compressing the mouldable material in the moulding direction (Col. 5, lines 5-30).
Re: 2 (upon 1), wherein the sectors of said plurality delimit a lateral surface of the variable-volume forming region, the sectors of said plurality being movable between a first position in which the volume of the variable-volume forming region is maximum, and a second position, in which the volume of the variable-volume forming region is minimum, and wherein the dosed amount is positioned between the first mould part and the second mould part while the sectors of said plurality are in the first position.
(GONSER teaches of the dose in the open state, see Col. 2, lines 36-40, including teaching of male and female mold halves, and the slide mold part in the lateral direction, wherein, the maximum and minimum volume are the first and second positions, see teaching of the slide mold housings 112, that are moved into the positions.)
Re: 3 (upon 1), wherein the closed forming chamber is defined by bringing into mutual contact the sectors of said plurality and an abutment element of a mould part selected from between the second mould part and the first mould part and facing the sectors, said forming component being included in the mould part facing the sectors and arranged inside the abutment element.
(See forming elements 116, 118, 127, 142, see Fig. 6 of GONSER.)
Re: 4 (upon 3), wherein after the sectors of said plurality and the abutment element have been brought into mutual contact, one mould part selected from between the first mould part and the second mould part is displaced further in the moulding direction, so that the forming component penetrates between the sectors of said plurality to form the object.
(See male plunger 126 protruding into female mold 127, see Fig. 6 of GONSER.)
Re: 5 (upon 1), wherein the forming component is a male forming component the mouldable material flowing between the sectors of said plurality and the male forming component to originate a lateral wall of the object.
(See male plunger 126 protruding into female mold 127, see Fig. 6 of GONSER.)
Re: 6 (upon 5), wherein the male forming component is located below the first mould part and the dosed amount is positioned on a support surface delimiting an upper end of the male forming component.
(See male plunger 126 protruding into female mold 127, see Fig. 6 of GONSER that corresponds the claimed male forming component.)
Re: 8 (upon 1), wherein the first mould part further comprises an end-forming element delimiting the closed forming chamber transversely to the moulding direction at the opposite side with respect to the second mould part.
(See female mould 127, Fig. 6 of GONSER.)
Re: 9 (upon 8), wherein the sectors of said plurality are slidable transversely to the moulding direction in contact with the end-forming element to decrease volume of the closed forming chamber.
(In GONSER, regarding the claimed sectors, see the mold slide parts that moves transversely towards each other and would be considered as decreasing the volume in the closed forming chamber, further mold slide parts are considered transverse in movement in relation to the male and female mold parts, see Figs. 6.)
Re: 15 (upon 1), wherein the sectors are movable transversely to the moulding direction between an enlarged configuration and a final configuration of the variable-volume forming region, the dosed amount being released between the first mould part and the second mould part while the sectors are in the enlarged configuration, the dosed amount having smaller transverse dimensions than the transverse dimensions of the variable-volume forming region in the enlarged configuration, the transverse dimensions of the dosed amount and of the variable-volume forming region in the enlarged configuration being measured perpendicular to the moulding direction.
(See dosed placement in the open state, see GONSER, Col. 2, lines 36-40. In GONSER, regarding the claimed sectors, see the mold slide parts that moves transversely towards each other and would be considered as decreasing the volume in the closed forming chamber, further mold slide parts are considered transverse in movement in relation to the male and female mold parts, see Figs. 6.)
Re: 17 (upon 1), wherein the step of moving the sectors transversely to the moulding direction starts before the closed forming chamber has been defined.
(GONSER teaches of the dose in the open state, see Col. 2, lines 36-40.)
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over GONSER as applied to claim 1 above, and further in view of NAHILL (US 2012/0107541 A1).
Re: 14 (upon 1), and further comprising extruding the mouldable material, thereby generating a continuous extrudate of mouldable material, separating a dosed amount from the continuous extrudate, transporting the dosed amount into the mould, and wherein optionally the continuous extrudate comprises at least two layers of polymeric material, the dosed amount being introduced into the mould.
The teaching of GONSER does not teach of an extrudate material being formed and a portion being placed into the mould.
Here, the concept of providing such material to the mold is known in the art. In CAHILL teaches of forming a desired formed plastic preform via compression molding, see [0024], and wherein, the plastic is extruded into the mold cavity, see [0025]. Wherein, this concept of provided a dosed amount into the mold via extrudate is a known manner of feeding to the compression molds.
It would have been obvious for one of ordinary skill in the art to have modify the manner of feeding the mold of GONSER with the extruding as taught by CAHILL as a known alternate option in feeding to the compression mold.
Claim(s) 16 and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over GONSER as applied to claim 1 above, and further in view of WEIS (DE 10235845 A1, see IDS).
Re: 16 (upon 1), wherein the step of positioning a dosed amount of mouldable material between the first mould part and the second mould part comprises resting the dosed amount on a mould part selected from between the first mould part and the second mould part in a position where the dosed amount is at least partially surrounded by the sectors and spaced from the sectors, the sectors being subsequently moved transversely to the moulding direction to come into contact with the dosed amount.
The teaching of the dosed amount between the mold parts and partially surrounded by the sectors is noted, and not specifically taught by GONSER.
See step by WEIS of the placement of the dosed amount 1 that is within the edge zone 4 of the second mold part 2, and wherein, the first mold part engages to provide deformation along a central zone, see Fig. 1. The WEIS reference relevant to the teaching of GONSER as both references are in the same field of endeavor of forming articles via compression using the first and second mold parts with a male plunger portion to a female cavity.
It would have been obvious for one of ordinary skill in the art to have modified compression step of GONSER with the dosed amount being blocked between the edge zones as taught by WEIS as an alternate manner of compressing and molding the product.
Re: 20 (upon 1), and further comprising the step of blocking an edge zone of the dosed amount between the first mould part and the second mould part before starting to deform a central zone of the dosed amount.
See step by WEIS of the placement of the dosed amount 1 that is within the edge zone 4 of the second mold part 2, and wherein, the first mold part engages to provide deformation along a central zone, see Fig. 1. The WEIS reference relevant to the teaching of GONSER as both references are in the same field of endeavor of forming articles via compression using the first and second mold parts with a male plunger portion to a female cavity.
It would have been obvious for one of ordinary skill in the art to have modified compression step of GONSER with the dosed amount being blocked between the edge zones as taught by WEIS as an alternate manner of compressing and molding the product.
Re: 21 (upon 20), wherein the first mould part has a forming cavity, and wherein the edge zone of the dosed amount is blocked between the first mould part and the second mould part when the central zone of the dosed amount is spaced from a bottom of the forming cavity.
The teaching by WEIS of the edge zone is between the first and second mold part as the dosed amount is spaced from the bottom of the forming cavity, see Fig. 1.
Re: 22 (upon 20), wherein the sectors are included in the first mould part, and wherein the edge zone of the dosed amount is rested on the first mould part and blocked between the first mould part and the second mould part before the forming component starts to interact with the central zone of the dosed amount.
Wherein, the combination of the and the WEIS teaching would provide for the edge zone to be formed by the slide mold parts and would block the dosed amount between the first and second mold parts.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over GONSER as applied to claim 1 above.
Re: 18 (upon 1), wherein the step of moving the sectors transversely to the moulding direction starts after the closed forming chamber has been defined.
GONSER teaches of one known manner of the movement of the sectors as taught above in claim 17. Regarding this claimed operation, it would have been obvious for one of ordinary skill in the art to have modified step of GONSER of the when to move the sectors transversely from before the closed forming chamber has been defined, via KSR rationale, see MPEP 2143, as this is an “obvious to try”, as this is choosing from a finite number of identified, predictable solutions.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over GONSER as applied to claim 8 above, and further in view of KISHI (US 5378416 A, see IDS).
Re: 11 (upon 8), wherein the first mould part comprises a protruding core protruding from the end-forming element towards the second mould part, and wherein the dosed amount is positioned in the first mould part in a non-centred position with respect to the sectors of said plurality, at a side of the protruding core, so that the mouldable material flows between the sectors of said plurality and the protruding core to create an object having a hole or a hollow.
GONSER fails to teach of the protruding core that the dosed amount is placed in a non-centered position.
Here, this manner of compressing in forming the material can be seen in KISHI, see Figs. 1a-1d, that teaches of a protruding core and wherein the material is placed in the non-centered position with respect to the sectors, see KISHI with cam die plates 31 32, that corresponds to the claimed sectors.
It would have been obvious for one of ordinary skill in the art to have modified GONSER with the protruding core and the arrangement of the dosed amount in the non-centered position as taught by KISHI that allows for forming the shaped product with a hollow portion.
Re: 12 (upon 11), wherein the protruding core protrudes from the sectors of said plurality towards the second mould part to engage in a guide hole made in the forming component.
(In GONSER, regarding the claimed sectors, see the mold slide parts that moves transversely towards each other and would be considered as decreasing the volume in the closed forming chamber, further mold slide parts are considered transverse in movement in relation to the male and female mold parts, see Figs. 6.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form, of note:
STERKENBURG (US 11285535 B2) teaches of a press-tool.
KRAMER (US 10899100 B2) teaches of a powder press tool with plurality of stamps and movable for a transverse press.
KUPLEN (US 7829015 B2) teaches of non-axial features for compacting powder materials.
TSUBOI (US 6113378 A) teaches of mold that includes tranverse moving sections, see divided dies 6.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744