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 Objections
Claim 4 is objected to because of the following informalities: there is no period at the end of the claim. 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: “at least one heating element” in claim 3. This phrase invokes 112(f) because it recites a generic placeholder (“at least one heating element”) modified by functional language (“to heat the extending location”) without reciting sufficient structure, material, or acts for performing the claimed function. The corresponding structure is interpreted as heating element 14, and Paras. [0017]-[0018] describe the heating element as any known type or construction and can include, without limitation, any of direct heating or indirect methods.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “positioning each of a heating element and a holding pad in proximity to an extending edge of the casted article” which renders the claim indefinite because it is unclear what is required for the heating element and the holding pad to be “in proximity” to an extending edge, i.e., how close do these components need to be to the edge to be in proximity to it. For the purpose of examination, this phrase will be interpreted as positioning each of a heating element and a holding pad to engage the casted article. The claim also recites “applying any of a roller or flattening tool having a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile” which renders the claim indefinite because it is not clear if the roller or flattening tool are applied until the edge is reformed into a final bent or folded profile or if the step is only applying any of a roller or flattening tool, i.e., the flattening tool has a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile. In other words, it is unclear if “reformed into a final bent or folded profile” is describing the contact portion or if it corresponds to the applying action. For the purposes of examination, this phrase will be interpreted as applying any of a roller or flattening tool, and the flatting tool has a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile. Claim 2 depends from claim 1 and fails to clarify the indefinite language.
Regarding claim 3, the claim is directed to an assembly for flanging or hemming an edge of an aluminum casted article and each of the components recited in the claim are described with respect to the article (e.g., “at least one heating element placed along an extending location of the blank article in order to heat the extending location” and “a holding pad placed at a further location of the article”) which renders the claim indefinite because it is not clear if the claim is directed to an assembly for working on an article or if the article is part of the claimed assembly. For the purpose of examination, this claim will be interpreted as an assembly for flanging or hemming an edge of an article, and the claim limitations regarding the components placed with respect to the article will be interpreted as those components are capable of being placed in such a manner, e.g., at least one heating element configured to be placed along an extending location of the blank article in order to heat the extending location and any of a roller or flattening tool configured to engaging and bend the headed edge. The claim also recites “a holding pad placed… in proximity to the heating element” which renders the claim indefinite because it is not clear what is required for a holding pad to be in proximity to the heating element. For the purpose of examination, this limitation will be interpreted as the holding pad is configured to be placed on the same edge as the heating element. The claim further recites “any of a roller or flattening tool having a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile” which renders the claim indefinite because it is not clear if the flattening tool has a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile or if the roller or flattening tool are fore engaging and bending the heated edge. For the purposes of examination, this phrase will be interpreted as any of a roller or flattening tool, and the flattening tool has a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile. Claim 4 depends from claim 3 and fails to clarify the indefinite language.
Regarding claim 4, the claim is an assembly claim and recites “following which a subsequent trimming or final fabricating step is employed to complete the article” which renders the claim indefinite because an apparatus and a method are recited in the same limitation, which is impermissible (see MPEP 2173.05(p)(II)). For the purpose of examination, this phrase will be interpreted as the assembly is configured to perform a trimming or final fabricating step after the additional heat element is placed. This claim is also indefinite because it is not clear what parts of the assembly perform the trimming or final fabricating step, i.e., does the additional heating element perform these steps or does the roller or flattening tool perform this step. For the purpose of examination, this phrase will be interpreted as requiring no additional components for these operations and the previously recited components are capable of performing these functions.
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2012/0214015 A1 to Carsley.
Regarding claim 1, Carsley teaches a process for flanging or hemming an edge of an aluminum casted article (Abstract; Para. [0016]), comprising the steps of:
positioning each of a heating element 20 and a holding pad 14 in proximity to an extending edge of the casted article (Figs. 1 and 3; Paras. [0019] and [0022]);
heating the edge of the casted article corresponding to the placement of the heating element 20 (Figs. 1 and 3; Paras. [0022] and [0026]); and
applying any of a roller 22, 24 or flattening tool 22, 24 having a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile (Figs. 1-5; Paras. [0022] and [0027]).
Regarding claim 2, Carsley teaches the process as described in claim 1 (Figs. 1-5), further comprising the step of either repositioning the at least one heating element 20 or positioning at least one additional heating element 20 at a further location of the casted article, following which a subsequent trimming or final fabricating step is employed to complete the article (Figs. 1-5; Paras. [0026]-[0027]; the method includes a second heating element 20 positioned by the finishing roller 24, i.e., the final fabricating step).
Regarding claim 3, Carsley teaches an assembly for flanging or hemming an edge of an aluminum casted article (Figs. 1-5), comprising:
at least one heating element 20 placed along an extending location of the blank article in order to heat the extending location (Figs. 1 and 3; Para. [0026]);
a holding pad 14 placed at a further location of the article in proximity to the heating element 20 (Figs. 1 and 3-5; Para. [0022]); and
any of a roller 22, 24 or flattening tool 22, 24 having a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile (Figs. 1-5; Paras. [0026]-[0027]).
Regarding claim 4, Carsley teaches the assembly as described in claim 3 (Figs. 1-5), further comprising at least one additional heating element 20 positioned at a further location of the casted article (Fig. 1; Para. [0026]), following which a subsequent trimming or final fabricating step is employed to complete the article (Figs. 1-5; Paras. [0026]-[0027]).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0076908 A1 to Shulkin.
Regarding claim 1, Shulkin teaches a process for flanging or hemming an edge of an aluminum casted article (Abstract; Figs. 9-11; Paras. [0020] and [0057]), comprising the steps of:
positioning each of a heating element 914 and a holding pad 908 in proximity to an extending edge of the casted article (Figs. 9-11; Para. [0062]);
heating the edge of the casted article corresponding to the placement of the heating element (Para. [0048] and [0062]); and
applying any of a roller 910, 912 or flattening tool having a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile (Para. [0062]; Figs. 9-11).
Regarding claim 3, Shulkin teaches an assembly for flanging or hemming an edge of an aluminum casted article (Abstract; Figs. 9-11), comprising:
at least one heating element 914 placed along an extending location of the blank article in order to heat the extending location (Para. [0062]; Figs. 9-11);
a holding pad 908 placed at a further location of the article in proximity to the heating element 914 (Para. [0062]; Figs. 9-11); and
any of a roller 910, 912 or flattening tool having a contact portion for engaging and bending the heated edge until reformed into a final bent or folded profile (Figs. 9-11; Para. [0062]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2005/0284204 A1 teaches an assembly and process for heating and bending a casted aluminum article including a roller and a heating element in the roller (Figs. 1-4; Paras. [0038]-[0039]). US 3,834,199 teaches a process and assembly for heating and rolling an article (Fig. 1; Abstract). US 8,341,992 B2 teaches a process and assembly for hemming an article including heating the article with a heating element and applying a roller to the article to bend it (Abstract; Figs. 1-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris 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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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725