DETAILED ACTION
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wittig et al. (DE 102006037637). Wittig discloses a process for heat treating and stamping comprising a hot steel sheet forming press tool (1) including a punch (3) and a die (2) which are configured to press form a high strength blank steel sheet (6; [0002]) by directly heating the blank steel sheet ([0009]; [0014], lines 9-12) in its entirety or in certain areas ([0014], lines 14-15) with a heating device (7) comprising electrically or inductively [0010] heating the blank steel sheet for press forming and then press forming the blank steel sheet into a three-dimensional shape in the press tool. Figure 1 shows that the heating device (7) is directly supporting and heating an underside of the steel sheet blank as it is being placed in the press forming tool (1). Regarding claim 3, the blank (6) is a high strength boron steel [0002].
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittig et al. (DE 102006037637) in view of Kim (KR 20130097013). Wittig discloses ([0010], lines 3-4) that heating devices are located within the press forming tool but does not specifically recite that the heating devices are positioned to heat an outer flange of the blank steel sheet.
Kim teaches a process for heat treating portions of a steel article in a press (100; Fig. 1), comprising providing a blank steel sheet (1); positioning at least one heating element (70,71; [0052],[0053]) at an underside location ([0054], lines 1-3) of the blank steel sheet (Fig. 1); heating the underside location of the blank steel sheet with the at least one heating element (70,71); and forming the heated blank steel sheet (punch and die,10,50; [0068]) into a three dimensional cross sectional shape (Fig. 1c) to exhibit a bend radii without cracking or splitting where Kim teaches that formability without cracking is improved ([0040];[0075], lines 5-7). The workpiece is ultra-high strength steel sheet ([0005],[0037]. Kim teaches that the heating element (70,71) is positioned at flange locations of the blank steel sheet (Fig. 1c) during press forming, claim 2 recites a “further outer flange location” and claim 1 does not set forth a flange location which is not further but Kim teaches that the heating element (70,71) is positioned at an outer flange area of the blank which is to be trimmed ([0076],[0077]).
It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to locate the heating devices of Wittig within the press forming tool at an underside location at an outer flange portion of the blank steel sheet as taught by Kim so as to heat the outer flange during the press forming operation.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittig et al. (DE 102006037637) in view of Kim (KR 20130097013) and further in view of Hielscher (8,261,591). Wittig discloses a hot steel sheet forming press tool (1) comprising a punch (3) and a die (2) which are configured to press form a high strength blank steel sheet (6; [0002]) by directly heating the blank steel sheet ([0009]; [0014], lines 9-12) in its entirety along its extension ([0014], lines 14-15) with a heating device (7) comprising electrically or inductively [0010] heating the blank steel sheet for press forming and then press forming the blank steel sheet into a three-dimensional shape in the press tool. Figure 1 shows that the heating device (7) is directly supporting and heating an underside of the steel sheet blank as it is being placed in the press forming tool (1). Wittig discloses ([0010], lines 3-4) that heating devices are located within the press forming tool but does not specifically recite that the heating devices are positioned to heat an outer flange of the blank steel sheet.
Kim teaches heat treating portions of a blank steel sheet (1) in a forming press (100; Fig. 1) comprising positioning at least one heating element (70,71; [0052],[0053]) at an underside location ([0054], lines 1-3) of the blank steel sheet (Fig. 1), heating the underside location of the blank steel sheet with the at least one heating element (70,71); and forming the heated blank steel sheet (punch and die,10,50; [0068]) into a three dimensional cross sectional shape (Fig. 1c) included a base and angled flange surfaces to exhibit a bend radii without cracking or splitting where Kim teaches that formability without cracking is improved ([0040];[0075], lines 5-7). The workpiece is ultra-high strength steel sheet ([0005],[0037]. Kim teaches that the heating element (70,71) is positioned at flange locations of the blank steel sheet (Fig. 1c) during press forming so that the heating element (70,71) is positioned at a flange area of the blank which is to be trimmed ([0076],[0077]).
It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to locate the heating devices of Wittig within the press forming tool at an underside location at an outer flange portion of the blank steel sheet as taught by Kim so as to heat the outer flange during the press forming operation.
Wittig in view of Kim does not disclose a trimming assembly
Hielscher teaches that a trimming assembly (6,13) is located within a hot press forming tool (1), the trimming assembly is configured to trim an outer flange of a press formed blank (2; Fig. 6) after it is formed into a three-dimensional cross-sectional shape (col. 4, line 67, col. 5, lines 1-3 and col. 6, lines 7-9). It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to modify the die of Wittig in view of Kim to include a trimming assembly as taught by Hielscher in order to trim a flange portion to length after forming the angle flanges.
Response to Arguments
Applicant's arguments filed 1-2-206 have been fully considered. The reference to Wittig is used to respond to the claim 1 and 4 amendments directed to directly heating an underside of a blank. Kim and Hielscher teach that flange heating and flange trimming are conventionally accomplished during press forming to trim an angled flange to a desired dimension.
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 EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725
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