DETAILED ACTION
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
Claims 6- 11 are objected to because of the following informalities:
“heats”, “cools”, “supplies”, “flows”, “increases”, etc. should be “configured to heat”, “configured to cool”, “configured to supply”, “configured to flow”, “configured to increase” or similar.
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.
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:
“heating unit that heats…” in claim 6.
“cooling unit that cools…” in claim 6.
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.
Heating unit is interpreted as electrodes or any equivalents thereof. [0031]
Cooling unit is interpreted as water flow path or any equivalents thereof. [0036]
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 1-11 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “A molding device that heats…”. It is unclear what is being claimed here. No transitional phrase such as “comprising” is stated and no structure of the molding device is claimed.
Regarding Claim 1, the recitation “heats a metal material… performs quenching… molds a plurality of components…” renders the claim indefinite. The claim is mixed statutory class claim of apparatus and process. The claim should recite what the apparatus comprises rather than what it is completing. The limitation(s) as cited above is/are process limitation(s), not apparatus limitation(s). A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). See MPEP 2173.05(p). Similarly, claims 2-5 are rejected.
Claim 1 recites the limitation “a plurality of components”. It is unclear if the product “plurality of components” is part of the molding device. A product made by the device is not part of the device. Similarly, claims 2-5 are rejected.
All dependent claims of above-mentioned claims inherit all of the limitations of the above-mentioned claims. Thus, the claims are likewise rejected under 35 U.S.C. 112(b) as being indefinite.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
As best understood, claim(s) 1-11 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Ishizuka (US 20170066028).
Regarding claim 1, Ishizuka discloses a molding device (Fig. 1, 3A-B, 13A-B) that heats a metal material (14, 80- Fig. 13A-B: examiner notes that this is intended use) and performs quenching (by water flowing through 19, 25) and that molds a plurality of components (intended use: 80- Fig. 13 shown below) having shapes different from each other in one time of molding with respect to one metal material.
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Regarding claim 2, Ishizuka discloses a molding device that performs expansion molding by supplying a fluid ([0055] compressed air) to a metal material and that molds a plurality of components (shown above: intended use) having shapes different from each other in one time of molding with respect to one metal material.
Regarding claim 3, Ishizuka discloses the molding device according to claim 1, wherein a component having a closed section (portions are closed circumferentially) is molded as the component.
Regarding claim 4, Ishizuka discloses the molding device according to claim 1, wherein a long first component and a second component and a third component (components shown above), which are on both sides of the first component in a longitudinal direction, are molded as the plurality of components.
Regarding claim 5, Ishizuka discloses the molding device according to claim 1, wherein differential strength (inherently since the middle portion is expanded more than the second and third portion, it has different strength) between one component and another component of the plurality of components is provided.
Regarding claim 6, Ishizuka discloses the molding device according to claim 1, wherein the molding device includes a molding die composed of a lower die (11) and an upper die (12) that face each other in an up-down direction, a heating unit (17, 18) that heats the metal material, and a cooling unit (19, 25) that cools the molding die.
Regarding claim 7, Ishizuka discloses the molding device according to claim 6, wherein the heating unit heats the metal material by energizing (electrodes 17, 18 energizes) the metal material.
Regarding claim 8, Ishizuka discloses the molding device according to claim 7, wherein the heating unit heats the metal material in a state where the metal material is separated apart from the lower die and the upper die between the lower die and the upper die. (see Fig. 3 and description)
Regarding claim 9, Ishizuka discloses the molding device according to claim 6, wherein the cooling unit includes a flow path (19, 25 water flow path) formed inside the lower die and the upper die, and a water circulation mechanism (74) that supplies cooling water to the flow path and that circulates the cooling water.
Regarding claim 10, Ishizuka discloses the molding device according to claim 9, wherein the water circulation mechanism of the cooling unit flows the cooling water to a component (14 between the dies) in which quenching is performed, and does not flow the cooling water to a component (14 not between the dies) in which quenching is not performed.
Regarding claim 11, Ishizuka discloses the molding device according to claim 9, wherein the cooling unit further includes a heater (Fig. 3: 102) that increases a temperature of the die, and secures a cooling speed ([0080] “slowly cooled”) at which quenching does not occur for a component in which quenching is not performed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY YEONJIN KIM whose telephone number is (571)272-1866. The examiner can normally be reached M-F 9 am - 5 pm.
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/BOBBY YEONJIN KIM/Examiner, Art Unit 3725