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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “machine tool (Claim 1, line 2)” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed June 29, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Newly added Para [0051.1] recites “The punching press 1 includes the following elements, as described above: the machining zone 2, the press ram 3, the feed apparatus 4, the feed rollers 5, the servomotor 6, the holding torque 7, material strip 8, the pilot pin 9, the pilot opening 10 and the control system 11” which is new matter. Page 2, Para [0007] of the disclosure filed March 23, 2023 states “According to these, a first aspect of the invention relates to a method for feeding a material strip to the machining zone of a machine tool, preferably to the machining zone of an automatic punching machine.” This provides context to there being a machine tool having a zone (or area) in which the material is fed to an automatic punching machine. Page 4, Para [0017] recites “Advantageously, the machine tool is a punch press, whereby the nominal motion and standstill provide of the servo motor(s) or the feed rollers is synchronized with the motion provide of the press ram.” This provides details that the machine tool (to which the strip is fed) is a punch press (of an automatic punching machine). New added Para [0051.1] discloses the punch press 1 includes: a machining zone 2, the press ram 3, the feed apparatus 4, the feed rollers 5, the servomotor 6, the holding torque 7, material strip 8, the pilot pin 9, the pilot opening 10 and the control system 11” which is inconsistent with the term “punch press” as set forth in at least Paras [0007 and 0022]. The punch press (1) as set forth in Para [0051.1] further does not provide any details to a punch, as known in the art.
Newly submitted drawing to Figure 4 is new matter. Reference character (1) to the punch press appears to be inconsistent with at least Paras [0007,0017] of the disclosure. As stated above, Para [0007] discloses “feeding a material strip to the machining zone of a machine tool, preferably to the machining zone of an automatic punching machine” and Para [0007] discloses “the machine tool is a punch press.” If the tool is a punch press in a machining zone, this is not shown. At best reference character (1) is a machine tool and the components inside “box (1)” are the components of the machine tool.
Figure 4 depicts the holding torque (7) as a linear structure in physical contact with the feed rollers. The original disclosure did not provide any details to the holding torque being a physical structure and imparting any (vertical reciprocating) motion to the feed rollers. There are further no details in the original disclosure indicating the significance of the black arrow with respect to the holding torque. Does the black arrow indicate holding torque (7) moves in a direction toward and/or away from the material strip? According to the disclosure in at least Paras [0010, 0011] the holding torque has a direct relationship with the feed rollers and the movement of the material strip.
Figure 4 depicts the pilot pin (9) disposed on the press ram (3) which is inconsistent with the originally filed disclosure. Page 11, Para [0037] discloses a press stroke or ram position and a press ram and Paras [0031,0032] set forth “whereby the target motion and standstill profile of the servo motor or the feed rollers can be synchronized with the motion profile of the press ram.” The original disclosure does not set forth any details to the pilot pin being disposed on the press ram.
Regarding claim 3, the phrase “wherein, before the retracting of the pilot pin or pins out of the pilot openings of the material strip, the holding torque of the feed rollers is restored to its pre-reduction or cancellation level” was not originally disclosed to convey that one that one having ordinary skill in the art had possession at the time of invention and is new matter. The original disclosure provided details to “before the retracting of the pilot pin or pins out of the pilot openings of the material strip, the temporary reduction or cancellation of the holding torque of the feed rollers is cancelled again.” Page 13, Para [0044] discloses “during the retraction of the pilot pins the holding torque of the feed rolls is increased again to the original value of 1 Nm.” There are no details to the holding torque being restored to a pre-reduction, before the retracting of the pilot pins.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities: Regarding claim 1 (lines 23-24) should recite “wherein the target motion function.”
Regarding claim 1 (line 24), the phrase should recite “the motion of the press ram.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 9-14, 16, 19, 20, and 27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Newly added Para [0051.1] recites “The punching press 1 includes the following elements, as described above: the machining zone 2, the press ram 3, the feed apparatus 4, the feed rollers 5, the servomotor 6, the holding torque 7, material strip 8, the pilot pin 9, the pilot opening 10 and the control system 11” was not disclosed in the original disclosure to reasonably convey one skill in the art had possession at the time of filing and is new matter. Page 2, Para [0007] of the disclosure filed March 23, 2023 states “According to these, a first aspect of the invention relates to a method for feeding a material strip to the machining zone of a machine tool, preferably to the machining zone of an automatic punching machine.” This provides context to there being a machine tool having a zone (or area) in which the material is fed to an automatic punching machine. Page 4, Para [0017] recites “Advantageously, the machine tool is a punch press, whereby the nominal motion and standstill provide of the servo motor(s) or the feed rollers is synchronized with the motion provide of the press ram.” This provides details that the machine tool (to which the strip is fed) is a punch press (of an automatic punching machine). New added Para [0051.1] discloses the punch press 1 includes: a machining zone 2, the press ram 3, the feed apparatus 4, the feed rollers 5, the servomotor 6, the holding torque 7, material strip 8, the pilot pin 9, the pilot opening 10 and the control system 11” which is inconsistent with the term “punch press” as set forth in at least Paras [0007 and 0022]. The punch press (1) as set forth in Para [0051.1] further does not provide any details to a punch, as known in the art.
Newly submitted drawing to Figure 4 was not disclosed in the original disclosure to reasonably convey one skill in the art had possession at the time of filing and is new matter. Reference character (1) to the punch press appears to be inconsistent with at least Paras [0007,0017] of the disclosure. As stated above, Para [0007] discloses “feeding a material strip to the machining zone of a machine tool, preferably to the machining zone of an automatic punching machine” and Para [0007] discloses “the machine tool is a punch press.” If the tool is a punch press in a machining zone, this is not shown. At best reference character (1) is a machine tool and the components inside “box (1)” are the components of the machine tool.
Figure 4 depicts the holding torque (7) as a linear structure in physical contact with the feed rollers. The original disclosure did not provide any details to the holding torque being a physical structure and imparting any (vertical reciprocating) motion to the feed rollers. There are further no details in the original disclosure indicating the significance of the black arrow with respect to the holding torque. Does the black arrow indicate holding torque (7) moves in a direction toward and/or away from the material strip? According to the disclosure in at least Paras [0010, 0011] the holding torque has a direct relationship with the feed rollers and the movement of the material strip.
Figure 4 depicts the pilot pin (9) disposed on the press ram (3) which is inconsistent with the originally filed disclosure. Page 11, Para [0037] discloses a press stroke or ram position and a press ram and Paras [0031,0032] set forth “whereby the target motion and standstill profile of the servo motor or the feed rollers can be synchronized with the motion profile of the press ram.” The original disclosure does not set forth any details to the pilot pin being disposed on the press ram.
Regarding claim 3, the phrase “wherein, before the retracting of the pilot pin or pins out of the pilot openings of the material strip, the holding torque of the feed rollers is restored to its pre-reduction or cancellation level” was not originally disclosed to convey that one that one having ordinary skill in the art had possession at the time of invention and is new matter. The original disclosure provided details to “before the retracting of the pilot pin or pins out of the pilot openings of the material strip, the temporary reduction or cancellation of the holding torque of the feed rollers is cancelled again.” Page 13, Para [0044] discloses “during the retraction of the pilot pins the holding torque of the feed rolls is increased again to the original value of 1 Nm.” There are no details to the holding torque being restored to a pre-reduction, before the retracting of the pilot pins.
Regarding claim 10, the phrase “the feed rollers are monitored for any rotational movement and, if a certain maximum permissibility angle of twist of the feed rollers is exceeded, the punch press is automatically stopped” was not originally disclosed to convey that one that one having ordinary skill in the art had possession at the time of invention. The disclosure does not provide any details to what monitors the angle of twist of the feed rollers. The feed rollers have a servomotor, but this structure, alone, does not monitor an angle of twist. Also, what permits the punch press to automatically stop? Is there a signal communicated between feed rollers and the control system to permit stopping of the punch press?
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 1-3, 9-14, 16, 19, 20, and 27 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 (lines 9-12)1, the phrase “positioning the material strip with the holding torque of the feed rollers reduced or removed by inserting one or more pilot pins into associated openings in the material strip, the material strip being displaced by the pilot pin or pins and the feed rollers being rotated by the material strip clamped between the feed rollers as the strip material is disposed by overcoming the reduced holding torque” is indefinite. The claim recites, the material strip is positioned by inserting one or more pilot pins into an associated opening when the holding torque of the feed rollers is reduced or removed. The claim then recites, the material strip being displaced by the pilot pin or pins. How does inserting the pilot pin also permit displacement of the material strip? In other words, is there a (pulling) force that acts on the strip by the pilot pin to permit displacement? Per Merriam Webster Dictionary, the term “insert” is defined as “to put or thrust in.” It is unclear how inserting a pilot pin simultaneously displaces the strip at a force great enough to rotate the feed rollers and overcome the reduced holding torque.
Regarding claim 1 (lines 23-24), the phrase “wherein the machine tool is a punch press and wherein a target motion function of the feed rollers is synchronized with the motion of a press ram” is indefinite. The structural relationship between the punch press and the press ram is unclear. What structure, if any does the press ram impart on the punch press. Does the press ram work in conjunction (opposite) with the punch press? Is the press ram disposed within the punch press? Does the press ram drive a punch?
Regarding claim 3, the phrase “wherein, before the retracting of the pilot pin or pins out of the pilot openings of the material strip, the holding torque of the feed rollers is restored to its pre-reduction or cancellation level” is indefinite. Claim 1 recites, the holding torque is temporarily reduced or removed during insertion of the pilot pin; therefore, is the holding torque not already at a cancellation level? How can the holding torque be “restored” to a cancellation level, if the holding torque is already removed?
Claim 16 recites the limitation "a control system" in line 2. It is unclear if the control system in claim 16, is the same or a different control system of claim 12. There is insufficient antecedent basis for this limitation in the claim.
The Examiner acknowledges the amendments filed June 29, 2026; however, the amendments do not overcome the indefinites of the claims. Based on the lack of written description and indefiniteness of the claims, the scope (of the claims) is indeterminate and a prior art rejection has not been made. The lack of prior art is not an admission of allowability and amendments may necessitate a prior art rejection.
Response to Arguments
All of drawing objections in the Office Action mailed March 27, 2026 have been obviated, except the objection to the machine tool. Afte further consideration, it has been determined the machine tool is still not shown.
The 112, second paragraph rejections in the Office Action mailed March 27, 2026 to claims 1, 12, 21-26 have been overcome.
The 112, second paragraph rejection to claim 3 has been maintained. The newly amended subject matter raises an additional 112, second paragraph as set forth in the Office Action above.
Response to Arguments
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724
