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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 8th 2023, October 20th 2023 and August 30th 2024 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 7-10 are objected to because of the following informalities:
In claim 1 and 7-10, the limitation of “ the metal material”, should change to “the plated metal material”, such that there would be a unifying terms throughout claims 1 and 7-10 as “the plated metal material”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim limitation “plating deviation suppression mechanism” in claims 1 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “mechanism" coupled with functional language “…that suppress a deviation…” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is only preceded by an insufficient structural modifier “plate deviation suppression”. A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation: The limitation “plating deviation suppression mechanism " has been described in Paragraph 0030, 0059 and 0062 as a plate that have a current flow direction that is opposite of the current flow direction in the heated metal material, and the current flowing in the plate will generate a magnetic field that will mechanically and electrically suppressing the heated metal material, such mechanical suppression (refer to Paragraph 0030) is suppressing the movement of the heated metal material by a magnetic force that generated by the counter magnetic field from the current that run through the plate; electrical suppression (refer to Paragraph 0062) is suppressing the rate of increase of the electrical current in the heated metal material through the counter magnetic field generated by the current that run through the heated metal material.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-4, 6-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP6337738B2 herein set forth as JP37738B2.
Regarding claim 1, JP37738B2 discloses a forming system (refer as “hot stamping” in specification of Technical field section cited: “…a device for electrically heating a plated metal plate for hot stamping…”) comprising: a heating unit (heating unit #10, fig 2) that causes a current (refer to “I1” in fig. 2) to flow through a plated metal material (plated metal material #11, fig.2) to heat the metal material (plated metal material #11, fig.2); a forming die (refer to NPL-hot-stamping at footnote1 as evidence that “hot-stamping” inherently discloses a forming die) that forms the heated metal material (plated metal material #11, fig.2); and a plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) that suppresses (refer to the interaction between “I1” and “I2” in fig.2, such that “I2” is always suppressing the “I1”changes in current flow and magnetic field no matter is start or stop heating) a deviation of a plating (refer to the shape of #11 in fig.2) in the metal material (plated metal material #11, fig.2) due to energization heating (refer to the heating of heating unit #10 in fig.2).
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Regarding claim 2, JP37738B2 discloses substantially all feature set forth in claim 1, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) electrically suppresses (refer to the interaction between “I1” and “I2” in fig.2, such that “I2” is always suppressing the “I1”changes in current flow and magnetic field no matter is start or stop heating) the deviation of the plating (refer to the shape of #11 in fig.2).
Regarding claim 3, JP37738B2 discloses substantially all feature set forth in claim 2, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) suppresses (refer to the interaction between “I1” and “I2” in fig.2, such that “I2” is always suppressing the “I1”changes in current flow and magnetic field no matter is start or stop heating) a change in a current (refer as “I1” for heating) when energization heating (refer to the heating in fig.2) is stopped.
Regarding claim 4, JP37738B2 discloses substantially all feature set forth in claim 2, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) suppresses (refer to the interaction between “I1” and “I2” in fig.2, such that “I2” is always suppressing the “I1”changes in current flow and magnetic field no matter is start or stop heating) a current (refer as start “I1” for heating)for energization heating (refer to the heating in fig.2).
Regarding claim 6, JP37738B2 discloses substantially all feature set forth in claim 1, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) mechanically suppresses (refer to the interaction between “I1” and “I2” in fig.2, such that “I2” is always suppressing the “I1”changes in current flow and magnetic field no matter is start or stop heating, magnetic field is mechanical force) the deviation of the plating (refer to the shape of #11 in fig.2).
Regarding claim 7, JP37738B2 discloses substantially all feature set forth in claim 6, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) separates the metal material (plated metal material #11, fig.2) and a magnetic body (refer to #12a and #13a in fig.2) from each other by a predetermined distance (refer to the distance between #12-13 and #11 in fig.2) or more during energization heating (refer to the heating in fig.2).
Regarding claim 9, JP37738B2 discloses substantially all feature set forth in claim 6, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) is configured by a magnetic shield (refer to the magnetic shield that generated by “I2” in #12a and #13a in fig.2) disposed around the metal material (plated metal material #11, fig.2) during energization heating (refer to the heating in fig.2).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP6337738B2 herein set forth as JP37738B2, in view of CN107923860B herein set forth as CN23860B.
Regarding claim 5, JP37738B2 discloses substantially all feature set forth in claim 2, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) is configured by the heating unit (heating unit #10, fig 2).
JP37738B2 does not explicitly disclose a control unit for controlling the heating unit, and the control unit is electrically connected to a power supply of the heating unit and controls a heating timing by the heating unit by transmitting a control signal to the power supply and controls a heating temperature by adjusting a magnitude of the current.
In the field of heating element control, CN23860B discloses a control unit (control circuit #4, fig.1) for controlling the heating unit (heater #22, fig.1), and the control unit (control circuit #4, fig.1) is electrically connected to a power supply (high voltage circuit #11, fig.1) of the heating unit (heater #22, fig.1) and controls a heating timing (refer to “predetermined time” cited in the citation below) by the heating unit (heater #22, fig.1) by transmitting a control signal (refer to the sensor signal of sensor #29 in fig.1) to the power supply (high voltage circuit #11, fig.1) and controls a heating temperature (refer to NPL-machine translate page 4 3rd paragraph cited: “…the granular substance detection system can use the control circuit calculating the heater resistor, and can accurately calculate the temperature of the heater using the calculated value. …”) by adjusting a magnitude of the current (refer to NPL machine translate Page 14 2nd paragraph cited: “…temperature T here, control the amount of current flowing through the heater 22 so that the heater 22 is in the range determined in advance…”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified JP37738B2’s system with a control unit for controlling the heating unit, and the control unit is electrically connected to a power supply of the heating unit and controls a heating timing by the heating unit by transmitting a control signal to the power supply and controls a heating temperature by adjusting a magnitude of the current, as taught by CN23860B, in order to provide better control, more efficient energy consumption heating unit for the forming system, such that would reduce overhead cost and increase adaptability for the system.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over JP6337738B2 herein set forth as JP37738B2, in view of EP3067128A1 herein set forth as EP67128A1.
Regarding claim 8, JP37738B2 discloses substantially all feature set forth in claim 6, JP37738B2 further discloses wherein the plating deviation suppression mechanism (refer to fig.2 that the opposite current flow I2 generated in #12a ) is configured by the heating unit (heating unit #10, fig 2) that heats the metal material (plated metal material #11, fig.2).
JP37738B2 does not explicitly disclose heats the metal material outside the forming die.
In the similar field of hot stamping system, EP67128A1 discloses heats (refer to annotated “heater section” in fig.2a) the metal material (workpiece #100, fig.2a) outside the forming die (refer to annotated “forming section” in fig.2a).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified JP37738B2’s system with heats the metal material outside the forming die, as taught by EP67128A1, in order to provide a production line that capable for a faster production rate, such that would lower overhead cost per product, and able to provide better profit margin.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over JP6337738B2 herein set forth as JP37738B2, in view of EP3281717A2 herein set forth as EP81717A2.
Regarding claim 10, JP37738B2 discloses substantially all feature set forth in claim 6, JP37738B2 further discloses wherein the magnetic shield (refer to #12a and #13a in fig.2) is composed of two members (refer to #12a and #13a in fig.2) and covers the metal material plated metal material #11, fig.2) by combining the two members (refer to #12a and #13a in fig.2) during energization heating (refer to the heating in fig.2).
JP37738B2 does not explicitly discloses wherein the magnetic shield is composed of two semi-circular members.
In the similar field of hot stamping system, EP81717A2 discloses wherein the magnetic shield (refer to first forming plate #110 and second forming plate #120 in fig.1) is composed of two semi-circular members (refer to shape of first forming plate #110 and second forming plate #120 in fig.1).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified JP37738B2’s system with wherein the magnetic shield is composed of two semi-circular members, as taught by EP3281717A2, in order to create the capability to handle a different shape of the metal material, such that would increase the utilization and marketability of the system.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over JP6337738B2 herein set forth as JP37738B2, in view of EP3281717A2 herein set forth as EP81717A2, and further in view of EP3067128A1 herein set forth as EP67128A1.
Regarding claim 11, the modification of JP37738B2 and EP81717A2 discloses substantially all features set forth in claim 10, JP37738B2 or EP81717A2 does not explicitly disclose wherein the magnetic shield is retracted from a periphery of the metal material at the time of forming.
In the similar field of hot stamping system, EP67128A1 discloses disclose wherein the magnetic shield (refer to the annotated “heater section” in fig.2a) is retracted from a periphery of the metal material (workpiece #100 fig.2a) at the time of forming (refer to annotated “forming section” in fig. 2a).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified JP37738B2’s system with wherein the magnetic shield is retracted from a periphery of the metal material at the time of forming, as taught by EP67128A1, in order to provide a production line that capable for a faster production rate, such that would lower overhead cost per product, and able to provide better profit margin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
FROST et al (US2016/0228934A1) discloses a hot stamping system that only read a some of the dependent claims.
Fukuchi et al (US2014/0069162A1) discloses another hot stamping system that also only read on some of the limitation in dependent claims.
Dykstra (US8479552B1) discloses a method of die forming that read of some of the dependent claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEONG JUEN THONG whose telephone number is (571)272-6930. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 5712705095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YEONG JUEN THONG/Examiner, Art Unit 3761 February 18th 2026
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761
1 Refer to attached NPL-Chapter 7: Hot Stamping in “Sheet Metal Forming - Processes and Application” by T. Altan and A.E. Tekkaya, page 2 in NPL(page# 134) mentioning die for the stamping.