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 .
Response to Arguments
Applicant's arguments filed 02/27/2026 with respect Claim Rejections - 35 USC § 103 have been fully considered but they are not persuasive.
With respect to the prior art of Nakahata (JP2001321864A), The Applicant argued that “the positioning pin 18 includes a first shaft portion 20 that has a uniform width along its length and is not tapered along its entire length”.
In response to this argument, the claim recited “a lower portion having a tapered surface along an entire length of the lower portion”; and
Nakahata discloses a lower portion (fig.5: the tapered surface of the element (14A)) having a tapered surface along an entire length of the lower portion (fig.4: the tapered surface of the element (14A)).
Accordingly, this argument is not persuasive.
With respect to the prior art of Nakahata (JP2001321864A), The Applicant argued that “curved surface portion 24 is not "a middle portion having a flange with a width that is greater than an uppermost portion of the lower portion and with a flat lower surface and a flat upper surface; and second shaft portion 22 is not "an upper portion with a recess below a topmost portion of the upper portion; and the Office does not contend otherwise, that Summers does not teach or suggest this feature”.
In response to this argument, the Examiner never used elements (22 and 24) of fig.3 of the prior art of Nakahata as a middle portion in the last office action;
Furthe, In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986); in this case
Nakahata discloses a middle portion having a flange (see fig.2 below) with a width that is greater than an uppermost portion (fig.2: (14A)) of the lower portion and with a flat lower surface (see fig.2 below); and an upper portion (fig.2: (16));
Nakahata does not disclose a flat upper surface and a recess;
Summers teaches a forming die (abstract; paragraphs 0003-0004 and 0085-0086), comprising:
a removable securing pin (fig.5: (300)) comprising a lower portion (fig.5: (312)) having a tapered surface along an entire length of the lower portion, a middle portion (fig.5: (325)) having a flange with a width that is greater than an uppermost portion of the lower portion (fig.5: (312)) and with a flat lower surface and a flat upper surface (fig.5: see the top flat surface and lower flat surface of the element (325)), and an upper portion (fig.5: (320)) with a recess (fig.5: see the lifting eye of the element (320)) below a topmost portion (fig.5: (322)) of the upper portion.
Both of the prior arts of Nakahata and Summers are related to a forming die;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the flange of the middle portion of the apparatus of Nakahata to have the configuration of a flange with a width that is greater than an uppermost portion of the lower portion and with a flat lower surface and a flat upper surface as taught by Summers in order to provide the wedge or clamping for the securing pin (Summers: paragraph 0085); and
to modify the upper portion of the apparatus of Nakahata to have the configuration of a recess below a topmost portion of the upper portion as taught by Summers in order to allow the parts to be lifted and/or manoeuvred (Summers: paragraph 0085).
Accordingly, this argument is not persuasive.
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Claim Objections
Claim 1 objected to because of the following informalities:
Regarding claim 1, the phrase “that that is clearance fitted into the lower pin receiving opening” should be changed to “that is clearance fitted into the lower pin receiving opening”.
Appropriate correction is required.
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.
Claims 1, 5-7, 21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Nakahata (JP2001321864A attached NPL, English Machine translation) in view of Summers (US20170356307A1).
Regarding claim 1, Nakahata discloses a forming die for forming a part (paragraphs 0009-0013 and 0017), the forming die comprising:
a removable securing pin (fig.2: (12)) comprising a lower portion (fig.5: the tapered surface of the element (14A)) having a tapered surface along an entire length of the lower portion (fig.4: the tapered surface of the element (14A)), a middle portion having a flange (see fig.2 below) with a width that is greater than an uppermost portion (fig.2: (14A)) of the lower portion and with a flat lower surface (see fig.2 below), and an upper portion (fig.2: (16)):
a lower forming die portion (fig.4: (10)) comprising a lower pin receiving opening (fig.4: (10C)) that is reciprocally tapered along a length of the lower pin receiving opening (the opening (fig.4: (10C)) must have a shape corresponding to the shape of the element (14A) in order to receive the element (14A)) for receiving the lower portion of the removable securing pin (fig.2: (12)) that is clearance fitted into the lower pin receiving opening and that secures a lower surface of a part (fig.4: (40)) to be formed to the lower forming die; and
an upper forming die portion (fig.4: (30)), positionable above the lower forming die portion, comprising an upper pin receiving opening (fig.5: (30B)) for receiving upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper forming die portion.
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Regarding claim 5, Nakahata discloses wherein the tapered surface (fig.4: the tapered surface of the element (14A)) along the length of the removable securing pin that is clearance fitted at the lower portion into the lower pin receiving opening that is reciprocally tapered to provide for removal and positioning of the part.
Therefore, the modification of Nakahata in view of Summers teaches the limitations of claim 5.
Regarding claim 6, Nakahata discloses wherein the flange (see fig.2 above) that provides a ledge on which the part rests, enables lifting of the part, and that connects a top surface of the lower pin receiving opening.
Therefore, the modification of Nakahata in view of Summers teaches the limitations of claim 6.
Regarding claim 7, Summers teaches wherein the recess (fig.5: see the lifting eye of the element (320)) allows for gripping the removeable securing pin.
Therefore, the modification of Nakahata in view of Summers teaches the limitations of claim 7.
Regarding claim 21, Nakahata discloses wherein the upper portion is positioned above the part to be formed when the removable securing pin is secured in the lower receiving opening (fig.4).
Summers teaches the recess (fig.5: see the lifting eye of the element (320)) below a topmost portion (fig.5: (322)) of the upper portion (fig.5: see the lifting eye of the element (320)).
Therefore, the modification of Nakahata in view of Summers teaches the limitations of claim 21.
Regarding claim 25, Summers teaches wherein the recess is flat outer edge on both sides (fig.5: see the outer edges of the lifting eye of the element (320)).
Therefore, the modification of Nakahata in view of Summers teaches the limitations of claim 25.
Claims 2-3, 8-9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Nakahata (JP2001321864A attached NPL, English Machine translation) in view of Summers (US20170356307A1) as applied to claim 1 above, and further in view of Sanders (US20200122215A1).
Regarding claims 2-3 and 9, Nakahata in view of Summers does not disclose wherein the lower forming die portion is housed in a lower hot box portion, wherein the lower hot box portion comprises a lower housing, a lower heating platen, received within the lower housing and configured to support the lower forming die portion, and a lower hot box portion pin receiving opening for receiving the lower portion of the removable securing pin that secures the lower surface of the part to be formed to the lower housing and the lower heating platen;
wherein the upper forming die portion is housed in an upper hot box portion, positionable above the lower hot box portion, wherein the upper hot box portion comprises an upper housing, an upper heating platen, received within the upper housing and configured to support the upper forming die portion, and an upper hot hox portion pin receiving opening for receiving the upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper housing and the upper heating platen; and
wherein the lower hot box portion and the upper hot box portion are removable from a press assembly.
Sanders teaches a forming die for forming a part (abstract and paragraphs 0095-0102 and 01380-0143), the forming die comprising:
a lower forming die portion (fig.6: (106)) is housed in a lower hot box portion (fig.6: (104)),
wherein the lower hot box portion comprises a lower housing (fig.9: (142)), a lower heating platen (fig.6: (144)), received within the lower housing and configured to support the lower forming die portion;
an upper forming die portion (fig.6: (112)) is housed in an upper hot box portion (fig.6: (110)), positionable above the lower hot box portion, wherein the upper hot box portion comprises an upper housing (fig.9: (186)), an upper heating platen (fig.6: (188)), received within the upper housing and configured to support the upper forming die portion, and
wherein the lower hot box portion and the upper hot box portion are removable from a press assembly (figs.3-15).
Both of the prior arts of Nakahata and Sanders are related to a forming die for forming a part;
Further; obviously when one having ordinary skill in art modifying the lower forming die portion of Nakahata to have the configuration of a lower hot box portion of Sanders would make the lower hot box portion to have a lower hot box portion pin receiving opening in order to allow the pin (18) to be received by the opening (10C) so as to secure a lower surface of the part to be formed; and
obviously when one having ordinary skill in art modifying the upper forming die portion of Nakahata to have the configuration of an upper hot box portion of Sanders would make the upper hot box portion to have an upper hot box portion pin receiving opening in order to allow the pin (18) to be received by the opening (30B) so as to secure an upper surface of the part to be formed;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakahata in view of Summers to have the configuration of a lower hot box portion and an upper hot box portion as taught by Sanders, since it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)]. Thereby having wherein the lower forming die portion is housed in a lower hot box portion, wherein the lower hot box portion comprises a lower housing, a lower heating platen, received within the lower housing and configured to support the lower forming die portion, and a lower hot box portion pin receiving opening for receiving the lower portion of the removable securing pin that secures the lower surface of the part to be formed to the lower housing and the lower heating platen; wherein the upper forming die portion is housed in an upper hot box portion, positionable above the lower hot box portion, wherein the upper hot box portion comprises an upper housing, an upper heating platen, received within the upper housing and configured to support the upper forming die portion, and an upper hot hox portion pin receiving opening for receiving the upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper housing and the upper heating platen; and wherein the lower hot box portion and the upper hot box portion are removable from a press assembly.
Regarding claims 8 and 22, Nakahata disclose a gripper from an end effector (the pin (18) of Nakahata is capable to be gripped by a gripper from an end effector);
Nakahata in view of Summers does not disclose a thermal pad that provides a thermal break between the lower forming die portion; and wherein the thermal pad is arranged above the flange when the removable securing pin is secured in the lower receiving opening.
Sanders teaches a forming die for forming a part (abstract), the forming die comprising:
a thermal pad (148) that provides a thermal break between parts of a lower forming die portion (and paragraphs 0008 and 0095).
Both of the prior arts of Nakahata and Sanders are related to a forming die for forming a part;
Further; obviously one having ordinary skill in art would use the teaching of Sanders of using a lower insulation layer (148) to provide a thermal break between any parts as desired in order to provide a thermal insulation between the parts;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakahata in view of Summers to have the configuration of a thermal pad as taught by Sanders, since it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)]. Thereby having a thermal pad that provides a thermal break between the lower forming die portion and a gripper from an end effector; and wherein the thermal pad is arranged above the flange when the removable securing pin is secured in the lower receiving opening.
Claims 10, 12-16, 23-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Sanders (US20200122215A1) in view of Nakahata (JP2001321864A attached NPL, English Machine translation) and Summers (US20170356307A1).
Regarding claim10, Sanders discloses a hot box for hot forming a part (abstract and paragraphs 0095-0102 and 01380-0143), the hot box comprising:
a lower hot box portion (fig.6: (104)), comprising:
a lower housing (fig.9: (142)), a lower heating platen (fig.6: (144)), received within the lower housing and configured to support a lower forming die portion (fig.6: (106)), and
an upper hot box portion (fig.6: (110)), positionable above the lower hot box portion and comprising:
an upper housing (fig.9: (186)), an upper heating platen (fig.6: (188)), received within the upper housing and configured to support an upper forming die portion.
Sanders does not disclose a removable securing pin comprising a lower portion having a tapered surface that is continuously tapered along an entire length of the lower portion, a middle portion having a flange with a width that is greater than an uppermost portion of the lower portion and with a flat lower surface and a flat upper surface, and an upper portion with a recess below a topmost portion of the upper portion;
and a lower pin receiving opening that is reciprocally tapered along a length of the lower pin receiving opening for receiving the lower portion of the removable securing pin that is clearance fitted into the lower pin receiving opening and that secures a lower surface of a part to be formed to the lower housing and the lower heating platen; an upper pin receiving opening for receiving the upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper housing and the upper heating platen to provide for removal and positioning of the part.
Nakahata discloses a forming die for forming a part (paragraphs 0009-0013 and 0017), the forming die comprising:
a removable securing pin (fig.2: (12)) comprising a lower portion (fig.5: the tapered surface of the element (14A)) having a tapered surface along an entire length of the lower portion (fig.4: the tapered surface of the element (14A)), a middle portion having a flange (see fig.2 above) with a width that is greater than an uppermost portion (fig.2: (14A)) of the lower portion and with a flat lower surface (see fig.2 above), and an upper portion (fig.2: (16)):
a lower forming die portion (fig.4: (10)) comprising a lower pin receiving opening (fig.4: (10C)) that is reciprocally tapered along a length of the lower pin receiving opening (the opening (fig.4: (10C)) must have a shape corresponding to the shape of the element (14A) in order to receive the element (14A)) for receiving the lower portion of the removable securing pin (fig.2: (12)) that is clearance fitted into the lower pin receiving opening and that secures a lower surface of a part (fig.5: (40)) to be formed to the lower forming die; and
an upper forming die portion (fig.4: (30)), positionable above the lower forming die portion, comprising an upper pin receiving opening (fig.5: (30B)) for receiving upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper forming die portion.
Both of the prior arts of Sanders and Nakahata are related to a forming die for forming a part;
Further; obviously when one having ordinary skill in art modifying the lower forming die portion of Sanders to have the configuration of a lower pin receiving opening for receiving a lower portion of a removable securing pin that secures a lower surface of a part to be formed of Nakahata is resulted to have a lower pin receiving opening for receiving a lower portion of a removable securing pin that secures a lower surface of a part to be formed to the lower housing and the lower heating platen in order to allow the pin to be received by the opening so as to secure a lower surface of the part to be formed; and
obviously when one having ordinary skill in art modifying the lower forming die portion of Sanders to have the configuration of an upper pin receiving opening for receiving an upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper forming die portion of Nakahata is resulted to have an upper pin receiving opening for receiving an upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper housing and the upper heating platen in order to allow the pin to be received by the opening so as to secure an upper surface of the part to be formed;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Sanders to have the configuration of a lower pin receiving opening for receiving a lower portion of a removable securing pin as taught by Nakahata, since it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)]. Thereby having a removable securing pin comprising a lower portion having a tapered surface that is continuously tapered along an entire length of the lower portion, a middle portion having a flange with a width that is greater than an uppermost portion of the lower portion and with a flat lower surface and a flat upper surface, and an upper portion with a recess below a topmost portion of the upper portion; and a lower pin receiving opening that is reciprocally tapered along a length of the lower pin receiving opening for receiving the lower portion of the removable securing pin that is clearance fitted into the lower pin receiving opening and that secures a lower surface of a part to be formed to the lower housing and the lower heating platen; an upper pin receiving opening for receiving the upper portion of the removable securing pin that secures an upper surface of the part to be formed to the upper housing and the upper heating platen to provide for removal and positioning of the part.
Sanders in view of Nakahata does not disclose a flat upper surface and a recess;
Summers teaches a forming die (abstract; paragraphs 0003-0004 and 0085-0086), comprising:
a removable securing pin (fig.5: (300)) comprising a lower portion (fig.5: (312)) having a tapered surface along an entire length of the lower portion, a middle portion (fig.5: (325)) having a flange with a width that is greater than an uppermost portion of the lower portion (fig.5: (312)) and with a flat lower surface and a flat upper surface (fig.5: see the top flat surface and lower flat surface of the element (325)), and an upper portion (fig.5: (320)) with a recess (fig.5: see the lifting eye of the element (320)) below a topmost portion (fig.5: (322)) of the upper portion.
Both of the prior arts of Sanders and Summers are related to a forming die;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the flange of the middle portion of the apparatus of Sanders in view of Nakahata to have the configuration of a flange with a width that is greater than an uppermost portion of the lower portion and with a flat lower surface and a flat upper surface as taught by Summers in order to provide the wedge or clamping for the securing pin (Summers: paragraph 0085); and
to modify the upper portion of the apparatus of Sanders in view of Nakahata to have the configuration of a recess below a topmost portion of the upper portion as taught by Summers in order to allow the parts to be lifted and/or manoeuvred (Summers: paragraph 0085).
Regarding claim 12, Nakahata discloses wherein the tapered surface (fig.4: the tapered surface of the element (14A)) along a length of the removable securing pin that is clearance fitted at the lower portion into the lower pin receiving opening that is reciprocally tapered to provide for removal and positioning of the part.
Therefore, the modification of Sanders in view of Nakahata and Summers teaches the limitations of claim 12.
Regarding claim 13, Nakahata teaches wherein the flange (see fig.2 above) that provides a ledge on which the part rests, enables lifting of the part, and that connects a top surface of the lower pin receiving opening.
Therefore, the modification of Sanders in view of Nakahata and Summers teaches the limitations of claim 13.
Regarding claim 14, Summers teaches wherein the recess (fig.5: see the lifting eye of the element (320)) allows for gripping the removeable securing pin.
Therefore, the modification of Sanders in view of Nakahata and Summers teaches the limitations of claim 14.
Regarding claims 15 and 24, Nakahata disclose a gripper from an end effector (the pin (18) of Nakahata is capable to be gripped by a gripper from an end effector);
Sanders in view of Nakahata and Summers does not disclose a thermal pad that provides a thermal break between the lower forming die portion;
However, Sanders teaches a forming die for forming a part (abstract), the forming die comprising:
a thermal pad (148) that provides a thermal break between parts of a lower forming die portion (and paragraphs 0008 and 0095).
Further; obviously one having ordinary skill in art would use the teaching of Sanders of using a lower insulation layer (148) to provide a thermal break between any parts as desired in order to provide a thermal insulation between the parts;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Sanders in view of Nakahata and Summers to have the configuration of a thermal pad to be used between any parts as in order to provide a thermal insulation between the parts. Thereby having a thermal pad that provides a thermal break between the lower forming die portion and a gripper from an end effector; and wherein the thermal pad is arranged above the flange when the removable securing pin is secured in the lower receiving opening.
Regarding claim 16, Sanders discloses wherein the lower hot box portion and the upper hot box portion are removable from a press assembly (figs.3-15).
Therefore, the modification of Sanders in view of Nakahata and Summers teaches the limitations of claim 16.
Regarding claim 23, Nakahata discloses wherein the upper portion is positioned above the part to be formed when the removable securing pin is secured in the lower receiving opening (fig.4).
Summers teaches the recess (fig.5: see the lifting eye of the element (320)) below a topmost portion (fig.5: (322)) of the upper portion (fig.5: see the lifting eye of the element (320)).
Therefore, the modification of Sanders in view of Nakahata and Summers teaches the limitations of claim 23.
Regarding claim 26, Summers teaches wherein the recess is flat outer edge on both sides (fig.5: see the outer edges of the lifting eye of the element (320)).
Therefore, the modification of Sanders in view of Nakahata and Summers teaches the limitations of claim 26.
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 MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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, CHRISTOPHER TEMPLETON can be reached at (571)270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S. ALAWADI/ Primary Examiner, Art Unit 3725
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