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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 31, 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 31, 2026 was filed after the mailing date of the Final Rejection on May 5, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
This Non-final Rejection is in response to the Amendment dated July 31, 2026 filed in response to the Final Rejection dated May 5, 2026.
The 35 U.S.C. 103 rejection of claims 8, 12 and 14 in the previous Office action are modified as explained below in view of the amendments to the claims.
The 35 U.S.C. 103 rejection of claim 10 in the previous Office action is maintained as explained below.
Response to Arguments
Applicant argues, see pages 6 and 7 of the Amendment, the rejection of claim 8 as stated in the previous Office action fails to disclose or suggest claim 8 as amended. Examiner agrees the sections of Nakada (JP 2010-188393 A) cited in the rejection do not explicitly disclose claim 8 as amended. However, Examiner finds the disclosure of paragraph [0051] of Nakada does teach the limitations of claim 8 as amended except for the predetermined time period claimed in the last limitation of the claim as previously stated. See the rejection below.
Applicant argues, see pages 7 and 8, the combination of references cited in the rejection of claim 10 fails to disclose or suggest claim 10 as amended because paragraph [0009] of Takeda (JP H07-204749 A) does not discuss any actual method steps or the complete release prior to heating as recited in claim 10. Examiner respectfully disagrees. Paragraph [0009] of Takeda discloses the disclosed springback removal device is designed to eliminate springback in the gutter-shaped panel formed body P in Fig. 1 which was previously formed by press working. That is, gutter-shaped panel formed body P in Fig. 1 was previously formed in a die and then completely released from the die which allowed springback to occur in the press-formed part. The springback removal device disclosed by Takeda is used to remove springback which previously occurred when it was removed from the die that did the press working to form part P.
Lastly, in the bottom half of page 8, Applicant argues modifying Takeda’s process based upon Tsukada (JP 2012-110957 A) would destroy Takeda’s rapid processing advantage and likely damage the part. Examiner does not find the argument persuasive. While it is true Takeda discloses a short heating time in the given examples, Examiner does not find Applicant’s suggestion of “rapid” or “instant” springback removal in Takeda. A person of ordinary skill in the art would have had a reasonable expectation of success in applying Tsukada’s teaching to Takeda’s disclosed method by adjusting the heating temperature and time of Takeda’s method based upon the material type and thickness as Tsukada teaches.
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.
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.
Claims 8, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Publication No. JP 2010-188393 A by Nakada et al., hereinafter “Nakada”, in view of Japanese Publication No. JP 2012-110957 A by Tsukada et al., hereinafter “Tsukada”. Citation is made to the European Patent Office (EPO) translation.
Regarding claim 8, Nakada discloses a press forming method for reducing a time for chronological shape variation of a press formed part after occurrence of springback at a moment when the press formed part is released from a die (¶[0001] and [0015]-[0016]), the method comprising:
forming the press formed part by press forming with a metal sheet by using the die (Fig. 3(a) shows press formed intermediate part material 11 is press-formed between die 4, punch 5 and blank holder 6; ¶[0051]);
releasing the press formed part formed by press forming completely from the die to allow the springback to occur (¶[0051] discloses press formed intermediate part material 11 may be formed in a first step and then restriked in a second step. Examiner interprets this disclosure as teaching formed intermediate part material 11 is completely released from the die after it is formed in the first step to allow springback to occur.);
fitting the press formed part in which springback has occurred and which has been released completely from the die into the die and securing the press formed part in conformity with a shape at a bottom dead center of forming (¶[0051] discloses press formed intermediate part material 11 is then fitted into the die as shown in Fig. 3(b) where it is restriked in a second step securing it in conformity with a shape at bottom dead center of forming to form hat member 10);
heating the press formed part fitted into the die to a first temperature higher than room temperature (¶[0051] discloses the heating disclosed in ¶[0046], disclosing a temperature range of 50°C to 400°C, may be applied to the second step) and holding the press formed part at the first temperature for a predetermined time period of less than 30 minutes (¶[0047] and [0048] disclose holding the press formed part at the temperature for a time period of 3 to 30 seconds); and
cooling the press formed part heated and held, to a second temperature lower than the first temperature (press formed part 10 is cooled below the temperature range when it is removed from die 4, punch 5 and blank holder 6),
wherein the first temperature is 130°C to 150°C (¶[0046] discloses a desirable heating temperature range of 100°C to 300°C).
Nakada does not expressly disclose a predetermined time period for the heating of one minute or more and three minutes or less as claim 8 has been amended to claim.
In the same field of press forming, Tsukada teaches it was known before the effective filing date of the claimed invention to vary the heating temperature and heating time in a press forming method removing residual stress after drawing based upon the material type and material thickness of the metal plate being formed. See paragraphs [0022] through [0025].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to adjust the heating temperature and heating time of Nakada’s disclosed method to fall within the ranges of claim 8 when the material type and material thickness of the metal plate used to make the press formed product disclosed by Nakada require heating as taught by Tsukada. A person of ordinary skill would have recognized applying the teaching of Tsukada to Nakada’s disclosed method would achieve the predictable result of Nakada’s method where the heating temperature range is 130°C to 150°C and the heating time is from one to three minutes when material type and thickness dictate these ranges.
Regarding claim 12, Nakada discloses a press forming method for reducing a time for chronological shape variation of a press formed part after occurrence of springback at a moment when the press formed part is released from a die (¶[0001] and [0015]-[0016]), the method comprising:
forming the press formed part by press forming with a metal sheet by using the die (Fig. 3(a) shows press formed intermediate part material 11 is press-formed between die 4, punch 5 and blank holder 6; ¶[0051]);
releasing the press formed part formed by press forming completely from the die to allow the springback to occur(¶[0051] discloses press formed intermediate part material 11 may be formed in a first step and then restriked in a second step. Examiner interprets this disclosure as teaching formed intermediate part material 11 is completely released from the die after it is formed in the first step to allow springback to occur.);
heating the press formed part in which the springback has occurred and which has been released completely from the die to a first temperature higher than room temperature (¶[0051] discloses the heating disclosed in ¶[0046], disclosing a temperature range of 50°C to 400°C, may be applied to the second step) and holding the press formed part at the first temperature for a predetermined time period of less than 30 minutes (¶[0047] and [0048] disclose holding the press formed part at the temperature for a time period of 3 to 30 seconds); and
cooling the press formed part heated and held, to a second temperature lower than the first temperature (press formed part 10 is cooled below the temperature range when it is removed from die 4, punch 5 and blank holder 6),
wherein the first temperature is 130°C to 150°C (¶[0046] discloses a desirable heating temperature range of 100°C to 300°C).
Nakada does not expressly disclose a predetermined time period for the heating of one minute or more and three minutes or less.
In the same field of press forming, Tsukada teaches it was known before the effective filing date of the claimed invention to vary the heating temperature and heating time in a press forming method removing residual stress after drawing based upon the material type and material thickness of the metal plate being formed. See paragraphs [0022] through [0025].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to adjust the heating temperature and heating time of Nakada’s disclosed method to fall within the ranges claimed when the material type and material thickness of the metal plate used to make the press formed product disclosed by Nakada require heating as taught by Tsukada. A person of ordinary skill would have recognized applying the teaching of Tsukada to Nakada’s disclosed method would achieve the predictable result of Nakada’s method where the heating temperature range is 130°C to 150°C and the heating time is from one to three minutes when material type and thickness dictate these ranges.
Regarding claim 14, the prior art reference combination of Nakada in view of Tsukada renders the press forming method according to claim 12 unpatentable as explained above. Nakada further discloses comprising evaluating a shape of the press formed part to be fabricated with other parts after the cooling (Figs. 3(a) and 3(b); ¶[0051]), wherein the evaluating includes:
measuring a shape of the press formed part after the cooling (¶[0051] discloses intermediate part 11 in Fig. 3(a) may be press formed by the process disclosed with respect to Fig. 2); and
determining to subject the press formed part to a fabricating process, when the measured shape of the press formed part is within a preset predetermined range (intermediate part 11 is restruck in Fig. 3(b) to form part 10 in a further fabrication process step; ¶[0051]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Japanese Publication No. JP H07-204749 A by Takeda et al., hereinafter “Takeda”, in view of Tsukada. Citation of Takeda is made to the EPO translation.
Regarding claim 10, Takeda discloses a press forming method for reducing a time for chronological shape variation of a press formed part after occurrence of springback at a moment when the press formed part is released from a die (¶[0004]), the method comprising:
forming the press formed part by press forming with a metal sheet by using the die (press formed part P in Fig. 1 is formed by press working; ¶[0009]);
releasing the press formed part formed by press forming completely from the die to allow the springback to occur (part P is released from the press forming die (allowing springback to occur) so that it may be fitted in the springback removal device jig shown in Fig. 1; ¶[0009]);
fitting whole or part of the press formed part in which the springback has occurred and which has been released completely from the die, to a jig configured to hold the press formed part in a predetermined shape, including another die having a same shape as that of the die, and securing the whole or part of the press formed part in conformity with the predetermined shape (part P is release completely from the die, allowing springback to occur, and fitted into the device jig shown in Fig. 1 where die panel holder 2 holds part P in the same shape as the product created by the press forming die; ¶[0012]), or
predicting a shape of the press formed part after occurrence of springback due to die release, by measurement or calculation, fitting whole or part of the press formed part in which the springback has occurred and which has been released completely from the die, to a jig configured to hold the press formed part in a same shape as the shape after springback due to die release, and securing the whole or part of the press formed part in conformity with the shape after springback (¶[0028] and [0029] disclose die holder 2 may alternatively be shaped to eliminate some anticipated springback by bending part P to conform to the shape of die holder 2 while heating is taking place);
heating the press formed part in which the springback has occurred and which has been fitted to the jig to a first temperature higher than room temperature (¶[0020] through [0022] disclose part P is heated to a temperature in the A1 region shown in Fig. 4, approximately 50°C to 150°C) and holding the press formed part at the first temperature for a predetermined time period of less than 30 minutes (¶[0024] discloses the temperature is held for 1 to 2 seconds); and
cooling the press formed part heated and held, to a second temperature lower than the first temperature (part P is cooled below the first temperature when the electrical resistance heating is stopped),
wherein the first temperature is 130°C to 150°C (¶[0020] through [0022] disclose part P is heated to a temperature in the A1 region shown in Fig. 4, approximately 50°C to 150°C).
However, Takeda does not disclose a predetermined time period of one minute or more and three minutes or less as claim 10 has been amended to claim.
Tsukada teaches it was known before the effective filing date of the claimed invention to vary the heating temperature and heating time in a press forming method removing residual stress after drawing based upon the material type and material thickness of the metal plate being formed. See paragraphs [0022] through [0025].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to adjust the heating temperature and heating time of Takeda’s disclosed method to fall within the ranges claimed in claim 10 when the material type and material thickness of the metal plate used to make the press formed product disclosed by Takeda require heating as taught by Tsukada. A person of ordinary skill would have recognized applying the teaching of Tsukada to Takeda’s disclosed method would achieve the predictable result of Takeda’s method where the heating temperature range is 130°C to 150°C and the heating time is from one to three minutes when material type and thickness dictate these ranges.
Conclusion
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
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