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 § 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 1-6 and 12 are again rejected under 35 U.S.C. 103 as being unpatentable over Cetinkaya (2015/0143908) in view of Murata et al. (2006/0110484).
Cetinkaya discloses a powder press for compacting solid dosages, comprising:
a punching device comprising a multitude of punches and components 20-26, adjustable relative to one another and adjustable relative to a press part,
a drive unit, such as a cam driven by a motor, for adjusting the punching device and/or the punches and components, adjustable relative to one another, in and/or counter to a pressing direction [0125], and
a numerical control device – a computer - which is set up and is programmable to control a movement sequence of the punching device and/or the punches and components, adjustable relative to one another, in accordance with a control program – [0084],
a control command input element for inputting control parameters [0109], and
a display element adapted to graphically display the punching device and/or the punches and components – claims 8-9, and also movement sequences, wherein the numerical control device is configured to analyze, in real time, control commands of the control program and the display element is adapted to display, in real time and prior to the transmission of the control program to the numerical control device, movements of the multitude of punches and components, so that the process data can be used for preventive maintenance and remote process monitoring, [0036].
However, Cetinkaya fails to disclose that the punches are movable axial and rotational directions.
Murata et al. discloses a powder compressing apparatus, comprising a plurality of upper punches and lower punches 21, 22, 31, 32, 41, 42, cores 23, 33, 43 that are movable and axially rotatable relative to the punches 21, 22, 31, 32, 41, 42 to compress powder material in plurality of dies 25, 35, 45.
It would have been obvious to one of ordinary skill in the art to modify Cetinkaya’s upper and/or lower punches with inner core punches as taught by Murata et al. in order to provide more flexibility to move the punches relative to each other or the die during the compression of products having more complex shapes.
Regarding the newly added limitation that the control device performs calculations of the movement of the punches and components based on the analyzed control command in real time prior to the transmission of the control program to the numerical control device, the combination of Cetinkaya and Murata et al. would provide a real-time control, including an analysis software 1814 that implements the disclosed method produces real-time data on the state of the die/punch 1802/1801/1803 sets on a compaction press. Such data and its processing can be used for determining various operational actions, such as process control, changes to the formulation and compaction press parameters as taught by Cetinkaya [0119], including the axial and rotational movements of the punches as taught by Murata et al.
Regarding claims 2-3, wherein Cetinkaya discloses that a compaction press can be monitored and controlled by a monitoring computer, which inherently includes a keyboard and a monitor, that is wire or wirelessly transmitting the signals and related information to a remote control station (monitoring computer 2214) in real-time, and signal-processing the signals by the monitoring and fault diagnostics software program 2214 to determine condition and fault level/state of various parts and components of the compaction press. The process data can be used for preventive maintenance and remote process monitoring [0129].
Regarding claims 4-6, wherein accelerometer and acoustic sensor measurements can be obtained and are transmitted wirelessly to the receiving stations and/or directly to a computer 2014 for analysis. The analysis software 2014 that implements the disclosed method produces real-time data on the state of the compaction press. Such data and its processing can be used for determining various operational actions by the analysis software and/or the decision maker, such as process control – changes to the compaction press parameters, including adjustment of the punches relative to other components – replacement of tools, scheduling inspections, maintenance planning, and preventive maintenance tasks [0131].
Regarding claim 5, the process of automatic control (as of a machine tool) by a digital computer as disclosed by Cetinkaya above is numerical control.
Regarding claim 12, Cetinkaya discloses that the control program comprises a series of control commands for the movement of the punches and components, wherein the system for detecting and monitoring stiction and tooling material modifications on the surfaces and bodies of punches and dies during compaction, which can be done in real time, based on acoustic/ultrasonic waves [0114] that are generated when the compaction press is operated in a series of feeding the materials into compaction dies, moving the upper and lower punches toward the dies, compressing the material into a solid form, and collecting the formed products in a container [0125]-[0129].
Response to Arguments
Applicants’ arguments filed 06/23/2026 have been fully considered but they are not persuasive. The Applicants argued that:
Cetinkaya does not disclose a numerical control device that analyzes control commands of a control program and calculates movements of punches and components based on those analyzed control commands…
… Cetinkaya monitors an already-running press based on acquired acoustic and vibrational signals, while the pending claims recite displaying, in real time and prior to the transmission of the control program to the numerical control device, the calculated movements of the multitude of punches and components based on the analyzed control commands. Said differently, the present invention can verify a control program before it runs by analyzing its commands and calculating the resulting movements. See Remarks, page 6.
However, Cetinkaya discloses that:
[0119] In this disclosure, a system 1800 and a method are detailed for the objective of real-time monitoring of the die/punch 1802/1801/1803 sets during compaction operations. The waveforms are obtained several times during each cycle of the compaction operation, and are preferably transmitted wirelessly 1808 to a local computer 1814 for analysis … The analysis software 1814 that implements the disclosed method produces real-time data on the state of the die/punch 1802/1801/1803 sets on a compaction press. Such data and its processing can be used for determining various operational actions, such as process control (e.g. changes to the formulation and compaction press parameters) ....
As clearly indicated in this paragraph, Cetinkaya discloses that real-time data on the state of the die and the punches are monitored and analyzed several times during each cycle of the compaction operation and are transmitted 1808 to a local computer 1814 for analysis. The information is then used to determine operational action, such as process control including compaction press parameters. Further, it is well known to one of ordinary skilled in the compression art that operational action or compaction press parameters include the movement of the punches relative to the dies and/or the speed of those movements.
The Applicant also argued that Cetinkaya fails to disclose a display element that displays, in real time and prior to transmission of the control program to the numerical control device, the calculated movements of punches and components based on analyzed control commands. Cetinkaya discloses a computer 1814 which inherently has a monitor to display all information regarding the compression process. It would have been obvious to one of ordinary skills in the art to select desired control variables to be displayed on the monitor throughout or at any given time during the compression process.
The Applicants further argued that Cetinkaya monitors an already-running press while the current application can verify a control program before it runs. However, the claims are apparatus claims, when to start/ran a control program is a method limitation. In this case, Cetinkaya is capable of running the control program to monitor the punches/dies prior to or during the compression process.
THIS ACTION IS MADE FINAL. Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for replying 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 Thu-Khanh T. Nguyen whose telephone number is (571)272-1136. The examiner can normally be reached 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thu Khanh T. Nguyen/Primary Examiner, Art Unit 1743
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