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 .
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.
Status of the Claims
Amendments were filed 3/27/26. Claims 1, 3, 6, 14-21, and 23 are pending, wherein claims 6, 20-21, and 23 remain withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, and 14-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding independent claims 1 and 3, the limitation of “a gap is provided between a flange of the plunger rod and the coupling member such that the plunger rod is movable in a radial direction within the coupling member” and “wherein the plunger rod is in a non-fixed state with respect to the support plate and is movable in a radial direction relative to the support plate” is not supported in the original description. In particular, note that there is no support for the plunger rod being movable in a radial direction within the coupling member or relative to the support plate.
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 16 and 19 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 claims 16 and 19, the limitation of “a plunger rod flange of the plunger rod” in lines 3-4 is unclear as to whether the limitation is referring to --the flange of the plunger rod-- which was already recited in independent claim 1 line 20 and independent claim 3 line 20 (see amended limitations) or whether the limitation is referring to a second flange. For examination purposes, the limitation is treated as referring to the flange already recited in the independent claims.
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) 1, 3, 14-15, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (JP H06-87060 A) in view of Kenjo et al (JP 2000-102852 A) and Hegel et al (US 5,632,321, previously cited).
Regarding claim 1, Takahashi teaches a plunger rod (fig 1b, plunger device 1) for an injection device (intended use, paragraph [0001], injection device), the injection device including a cylindrical sleeve (not positively claimed as part of the plunger rod, thus a material worked upon by the plunger rod, MPEP 2115, see assembly of sleeves 2 and D3 in figure 1a), the plunger rod comprising a distal end comprising a plunger chip (fig 1b, front end comprising plunger tip 3) configured to slide in the cylindrical sleeve (functional limitation, see figs 1a, 2a-2d), the plunger rod being configured to move forward and backward in the cylindrical sleeve (functional limitation, see figs 1a, 2a-2d), the plunger rod comprising:
a support member (figs 1a-1b, 2a-2d, lubricating ring 6) comprising a substantially same outer diameter as the plunger chip (paragraph [0021], lubrication ring formed into an annular body with the same outer diameter as the plunger tip 3), the support member being attached in a fixed state to a position on an outer circumference of the plunger rod (figs 1a-1b, paragraph [0021], lubrication ring 6 fitted on annular groove around outer surface of drive rod 4) such that the support member is separated from the plunger chip (figs 1a-1b, 2a-2d, paragraph [0030], distance between the lower end of the plunger tip and the lubrication ring), the support member being slidable with respect to the cylindrical sleeve in response to forward and backward movement of the plunger rod (functional limitation, figs 2a-2d show movement of plunger rod and lubrication ring 5 sliding with respect to the sleeve), wherein the support member is positioned on the plunger rod such that the plunger rod is movable between a first state where the support member is located outside the cylindrical sleeve (figs 1a, 2a-2b show a first state where ring 6 is outside of the sleeve) and a second state where the support member is located inside the cylindrical sleeve (figs 2b-2c show the ring sliding inside the sleeve), the support member having an annular shape (fig 1b, paragraph [0021], annular body) to support the plunger rod in the cylindrical sleeve by aligning an axis of the sleeve and an axis of the plunger rod while being in the second state (functional limitation, see figs 2b-2c where the ring enters the sleeve and would support the plunger rod as it has the same diameter as the plunger tip).
Takahashi further teaches the plunger rod (drive rod 4) is driven by a drive cylinder (paragraph [0018], drive cylinder), but is quiet to how said plunger rod is coupled to said drive cylinder, thus failing to teach a coupling member attached to a rear end part of the plunger rod, the coupling member comprising a tubular shape to surround a distal end part of a piston rod of an injection cylinder configured to provide power to the plunger rod and the rear end part of the plunger rod, wherein the coupling member is rigidly fixed to the distal end part of the piston rod and is assembled to the rear end part of the plunger rod in a non-fixed state, wherein a gap is provided between a flange of the plunger rod and the coupling member such that the plunger rod is movable in a radial direction within the coupling member; and a substantially annular support plate fixed to an end part of the coupling member on a side of the plunger rod, the support plate supporting the plunger rod with axes of the cylindrical sleeve and the plunger rod aligned, in a state where the support member is located outside the cylindrical sleeve, wherein the plunger rod is in a non-fixed state with respect to the support plate and is movable in a radial direction relative to the support plate.
Kenjo et al teaches further comprising a coupling member (figs 1-2, coupling 17) attached to a rear end part of the plunger rod (fig 1, attached to rear end of plunger rod 15), the coupling member having a tubular shape (figs 1-2, paragraph [0021], substantially cylindrical in shape) to surround a distal end part of a piston rod of an injection cylinder (figs 1-2, surrounds distal end of piston rod 19) configured to provide power to the plunger rod and the rear end part of the plunger rod (figs 1-2), wherein the coupling member is rigidly fixed to the distal end part of the piston rod (fig 2, paragraph [0023], piston rod 19 is fixed to the coupling body by having its shaft portion and front end flange inserted tightly into the piston rod insertion portion) and is assembled to the rear end part of the plunger rod in a non-fixed state (fig 2, paragraph [0023-0024], note the annular gap), wherein a gap is provided between a flange of the plunger rod and the coupling member such that the plunger rod is movable in a radial direction within the coupling member (fig 2, paragraph [0023], annular gap 33 with respect to flange 15b and large diameter portion 27c, see abstract, rear end of plunger 15 is raised from downward and is floating upwardly to correct misalignment); and a substantially annular support end at an end part of the coupling member on a side of the plunger rod (note left side of figure 2 shows a supporting end of the coupling 17), the support end supporting the plunger rod with axes of the cylindrical sleeve and the plunger rod aligned (fig 2), in a state where the support member is located outside the cylindrical sleeve (Takahashi, fig 2a-2b show the support member (ring 6) outside the cylindrical sleeve, and still coupled to the drive cylinder (via coupling shown at lower end in fig 1a and 2c)), wherein the plunger rod is in a non-fixed state with respect to the support end and is movable in a radial direction relative to the support end (Kenjo, fig 2, paragraph [0023], annular gap 31 with respect to shaft 15a and insertion portion 27a, see abstract, rear end of plunger 15 is raised from downward and is floating upwardly to correct misalignment).
It would have been obvious to one of ordinary skill in the art to modify the combination such that the plunger rod of Takahashi is coupled to the hydraulic cylinder by a coupling member as taught in Kenjo et al, as Kenjo et al teaches that the arrangement enables the rear end of the plunger rod to be elastically supported by a floating mechanism such that if the plunger sleeve is deformed, the rear end of the plunger rod can raised to correct the misalignment of the plunger sleeve (Kenjo, abstract).
The combination is quiet to the support end being a separate support plate that is fixed to an end part of the coupling member on the side of the plunger rod.
Hegel et al teaches a die casting apparatus (abstract) including a plunger 38 coupled to a piston rod 22 via a coupling 37 (figs 5-12). Note that the end of the plunger rod 38 is shown held within the coupling 37, with a plate fixed to the end of the coupling 37 on the plunger side (figs 5-12, see portion of fig 12 below, note the arrow pointing to the annular plate fixed to end of coupling 37).
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It would have been obvious to one of ordinary skill in the art to modify the support end of the combination such that the support end of the coupling of Kenjo et al is formed as a support plate that is fixed to the end of the coupling member, as all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A). Note that one skilled in the art would recognize that a separate plate that is fixed to the cover facilitates the assembly and disassembly for maintenance. See MPEP 2144.04(V)(C), In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961), where the courts have held it obvious to make a cap removable if it were considered desirable for any reason to obtain access.
Regarding claim 3, Takahashi teaches an injection device for die-casting (fig 1b, paragraph [0001], the injection device comprising:
a cylindrical sleeve (fig 1b, sleeves 2 and D3 construed as the cylindrical sleeve);
a plunger rod (fig 1a-2d, drive rod 4) comprising a distal end comprising a plunger chip (figs 1a-2d, front end includes plunger tip 3) configured to slide in the cylindrical sleeve (functional limitation, see figs 2a-2d showing movement of the plunger rod within the sleeve), the plunger rod being movable forward and backward in the cylindrical sleeve (functional limitation, see figs 2a-2c showing forward movement, 2d showing the backward movement); and
a support member (figs 1a-1b, 2a-2d, lubricating ring 6) comprising a substantially same outer diameter as the plunger chip (paragraph [0021], lubrication ring formed into an annular body with the same outer diameter as the plunger tip 3), the support member being attached in a fixed state to a position on an outer circumference of the plunger rod (figs 1a-1b, paragraph [0021], lubrication ring 6 fitted on annular groove around outer surface of drive rod 4) such that the support member is separated from the plunger chip (figs 1a-1b, 2a-2d, paragraph [0030], distance between the lower end of the plunger tip and the lubrication ring) to be slidable with respect to the cylindrical sleeve in response to forward and backward movement of the plunger rod (functional limitation, figs 2a-2d show movement of plunger rod and lubrication ring 5 sliding with respect to the sleeve), wherein the support member is positioned on the plunger rod such that the plunger rod is movable between a first state where the support member is located outside the cylindrical sleeve (figs 1a, 2a-2b show a first state where ring 6 is outside of the sleeve) and a second state where the support member is located inside the cylindrical sleeve (figs 2b-2c show the ring sliding inside the sleeve), the support member having an annular shape (fig 1b, paragraph [0021], annular body) to support the plunger rod in the cylindrical sleeve by aligning an axis of the sleeve and an axis of the plunger rod while being in the second state (functional limitation, see figs 2b-2c where the ring enters the sleeve and would support the plunger rod as it has the same diameter as the plunger tip).
Takahashi further teaches the plunger rod (drive rod 4) is driven by a drive cylinder (paragraph [0018], drive cylinder), but is quiet to how said plunger rod is coupled to said drive cylinder, thus failing to teach a coupling member attached to a rear end part of the plunger rod, the coupling member comprising a tubular shape to surround a distal end part of a piston rod of an injection cylinder configured to provide power to the plunger rod and the rear end part of the plunger rod, wherein the coupling member is rigidly fixed to the distal end part of the piston rod and is assembled to the rear end part of the plunger rod in a non-fixed state, wherein a gap is provided between a flange of the plunger rod and the coupling member such that the plunger rod is movable in a radial direction within the coupling member; and a substantially annular support plate fixed to an end part of the coupling member on a side of the plunger rod, the support plate supporting the plunger rod with axes of the cylindrical sleeve and the plunger rod aligned, in a state where the support member is located outside the cylindrical sleeve, wherein the plunger rod is in a non-fixed state with respect to the support plate and is movable in a radial direction relative to the support plate.
Kenjo et al teaches further comprising a coupling member (figs 1-2, coupling 17) attached to a rear end part of the plunger rod (fig 1, attached to rear end of plunger rod 15), the coupling member having a tubular shape (figs 1-2, paragraph [0021], substantially cylindrical in shape) to surround a distal end part of a piston rod of an injection cylinder (figs 1-2, surrounds distal end of piston rod 19) configured to provide power to the plunger rod and the rear end part of the plunger rod (figs 1-2), wherein the coupling member is rigidly fixed to the distal end part of the piston rod (fig 2, paragraph [0023], piston rod 19 is fixed to the coupling body by having its shaft portion and front end flange inserted tightly into the piston rod insertion portion) and is assembled to the rear end part of the plunger rod in a non-fixed state (fig 2, paragraph [0023-0024], note the annular gap), wherein a gap is provided between a flange of the plunger rod and the coupling member such that the plunger rod is movable in a radial direction within the coupling member (fig 2, paragraph [0023], annular gap 33 with respect to flange 15b and large diameter portion 27c, see abstract, rear end of plunger 15 is raised from downward and is floating upwardly to correct misalignment); and a substantially annular support end at an end part of the coupling member on a side of the plunger rod (note left side of figure 2 shows a supporting end of the coupling 17), the support end supporting the plunger rod with axes of the cylindrical sleeve and the plunger rod aligned (fig 2), in a state where the support member is located outside the cylindrical sleeve (Takahashi, fig 2a-2b show the support member (ring 6) outside the cylindrical sleeve, and still coupled to the drive cylinder (via coupling shown at lower end in fig 1a and 2c)), wherein the plunger rod is in a non-fixed state with respect to the support end and is movable in a radial direction relative to the support end (Kenjo, fig 2, paragraph [0023], annular gap 31 with respect to shaft 15a and insertion portion 27a, see abstract, rear end of plunger 15 is raised from downward and is floating upwardly to correct misalignment).
It would have been obvious to one of ordinary skill in the art to modify the combination such that the plunger rod of Takahashi is coupled to the hydraulic cylinder by a coupling member as taught in Kenjo et al, as Kenjo et al teaches that the arrangement enables the rear end of the plunger rod to be elastically supported by a floating mechanism such that if the plunger sleeve is deformed, the rear end of the plunger rod can raised to correct the misalignment of the plunger sleeve (Kenjo, abstract).
The combination is quiet to the support end being a separate support plate that is fixed to an end part of the coupling member on the side of the plunger rod.
Hegel et al teaches a die casting apparatus (abstract) including a plunger 38 coupled to a piston rod 22 via a coupling 37 (figs 5-12). Note that the end of the plunger rod 38 is shown held within the coupling 37, with a plate fixed to the end of the coupling 37 on the plunger side (figs 5-12, see portion of fig 12 below, note the arrow pointing to the annular plate fixed to end of coupling 37).
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It would have been obvious to one of ordinary skill in the art to modify the support end of the combination such that the support end of the coupling of Kenjo et al is formed as a support plate that is fixed to the end of the coupling member, as all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A). Note that one skilled in the art would recognize that a separate plate that is fixed to the cover facilitates the assembly and disassembly for maintenance. See MPEP 2144.04(V)(C), In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961), where the courts have held it obvious to make a cap removable if it were considered desirable for any reason to obtain access.
Regarding claims 14 and 17, the combination teaches wherein in the first state and the second state, the plunger chip is disposed in the cylindrical sleeve (see Takahashi, note first state shown in figure 1a and 2a where the plunger chip is in the sleeve and the ring 6 is out of the sleeve, note that between figures 2b and 2c, the plunger has been slid upwards and there would be a state where the plunger chip and the ring 6 are both in the sleeve).
Regarding claims 15 and 18, the combination teaches wherein an annular groove is formed in the outer circumference of the plunger rod, and the support member is embedded in the annular groove (see Takahashi, figure 1b, note that ring 6 is embedded in annular groove 5 formed in the outer circumference of the drive rod, paragraph [0021-0022]).
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi as modified by Kenjo et al and Hegel as applied to claims 1 and 3 above, and further in view of Kanazawa (JP H07-155925 A, previously cited).
Regarding claims 16 and 19, the combination is quiet to an elastic body disposed within the coupling member in a non-fixed state, wherein the elastic body is held between a piston flange of the piston rod and a plunger rod flange of the plunger rod.
Kanazawa teaches a die casting method (paragraph [0001-0002]) including buffering a shock wave during the filling of a die cavity (paragraph [0001]). Kanazawa teaches of including an elastic member (paragraph [0009]) placed in the middle of the injection cylinder rod, connected to the plunger rod (paragraph [0009]), making it possible to suppress the shock wave caused by inertial force that occurs when the injection cylinder rod suddenly stops (paragraph [0009]). Note that in figure 3, the elastic member (spring 14) is positioned between a flange portion of plunger rod 7 and flange portion of piston rod 9, within the coupling 8.
It would have been obvious to one of ordinary skill in the art to modify the combination so as to further include an elastic member within the coupling member between the flanges of the plunger rod and piston rod, as Kanazawa teaches the elastic member can suppress shock waves that occur when the injection cylinder rod suddenly stops (paragraph [0009]).
Response to Arguments
Applicant's arguments filed 3/27/26 have been fully considered but they are not persuasive.
Regarding the rejection of the claims under 35 USC 112(a) above, applicant notes that support for the claimed subject matter is from paragraphs [0033-0035] and [0037]. In particular, paragraph [0037] of applicant’s specification, which was cited as support for the claimed subject matter, describes that an elastic body is in a non-fixed state with respect to the coupling member 50, the flange 32 of the plunger rod 30, and the piston flange 44, and describes that the non-fixed state is achieved by a gap provided between the flange 32 of the plunger rod 30 and an insertion part of the coupling member 50.
It is noted that this section does not provide support the for limitation of a gap that enables the plunger rod to be movable in a radial direction within the coupling member. The gap described in paragraph [0037] is between the flange 32 of the plunger rod 30 and the insertion part of the coupling member 50. This gap described in the specification is not described as a radial gap between the flange and the coupling member and is not shown as such in the figures (see figures 1-2). The specification appears to be describing a gap between the end of the flange 32 of the plunger rod and any space within the coupling member in which the flange 32 is to be inserted. This gap can be the space provided for the elastic body 52, which is arranged axially between the flange 32 of the plunger rod and flange 44 of the piston, so as to be in a non-fixed state (flange of the plunger rod can be moved axially).
Applicant argues, beginning on p.8 of the remarks, that Takahashi’s lubricating ring is made of porous material for the purpose of applying lubricant to the inner surface of the plunger sleeve, having a spiral ventilation groove formed on its outer periphery, and is not disclosed as providing any structural support or alignment function, and thus not analogous to the claimed support member.
The examiner disagrees. Takahashi’s ring is structurally identical to the supporting member as claimed, and capable of performing the claimed function of supporting and aligning the plunger rod within the sleeve. Note that the claim merely requires that the support member is separated from the plunger chip, slidable with respect to the cylindrical sleeve, has either a semicircular ring shape, a C shape, or an annular shape, and is substantially the same outer diameter as the plunger chip. Takahashi’s ring is annular in shape, having the same diameter as the plunger tip and fitted around the plunger rod, and is capable of sliding in and out of the cylindrical sleeve, thus meeting all the structural limitations of the claim, and capable of performing the same function as supporting and aligning.
Applicant argues that the claims now further require a gap that enables the plunger rod to be movable in a radial direction within the coupling member. Applicant notes that Takahashi does not disclose the structure, and that Miki’s coupling mechanism is directed to a rotational movement and not a radial movement. Applicant notes that although Hegel shows a plate at the end of a coupling, does not disclose any gap to allow radial movement. Applicant further notes that Kanazawa’s gap is an axial gap for absorbing compression.
Note that the rejections above no longer cite Miki, and further cite Kenjo et al for teaching the limitations directed to an annular gap between the plunger flange and the coupling member that would enable a radial movement of the plunger rod.
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 JACKY YUEN whose telephone number is (571)270-5749. The examiner can normally be reached 9:30 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACKY YUEN/
Examiner
Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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