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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 30, 2026 has been entered.
Response to Amendment
This Non-final Rejection is in response to the Amendment dated July 30, 2026 filed in response to the Final Rejection dated April 23, 2026.
Addition of dependent claims 9-18 is acknowledged.
The 35 U.S.C. 102 and 103 rejections in the previous Office action are maintained for the reasons explained below.
Response to Arguments
In the middle of page 5 of the Amendment, Applicant argues the amendment to claim 1 clearly distinguishes the claim over Morsut (U.S. Patent Application Publication No. US 2023/0271239 A1) because Morsut’s draw axis is spaced vertically from the rack and pinion structure. After further consideration, Examiner respectfully disagrees. Applicant’s argument is based on the premise the “draw axis” claimed in claim 1 must be both vertically and horizontally aligned with the center of the die block of the draw bench when claim 1 does include such a limitation. Claim 1 merely claims “a draw bed with a die block defining a draw axis” without further limitation as to where the draw axis is located with respect to the draw bed or the die block. Therefore, the draw axis may reasonably be interpreted as being located in a place other than being positioned vertically and horizontally at the center of the die block as Applicant presumes.
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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication No. US 2023/0271239 A1 by Morsut et al., hereinafter “Morsut”.
Regarding claim 1, Morsut discloses a draw bench (draw bench machine 100 in Fig. 1; ¶[0041]) comprising:
a draw bed (draw bed base 30 in Fig. 1; ¶[0061]), with a die block (die block 2 in Fig. 1; ¶[0057]) defining a draw axis (the draw axis may reasonably be interpreted as being defined as annotated to Fig. 1 of Morsut reproduced below);
a draw carriage movable along the draw bed and aligned with respect to the draw axis (draw carriage 31 in Fig. 1 is movable along base 30 in alignment with the Draw Axis; ¶[0071]), and having at least two racks arranged in a fixed position on the draw bed and extending in a direction of the draw axis (¶[0094] disclose one rack 35 may be fastened to side wall 301 of base 30 in Fig. 1 and a second rack 35 may be fastened on the opposite side of base 30);
wherein the racks have toothing provided on sides of the racks that face towards or away from each other and mesh with drivable drive gears provided in the draw carriage (the toothing of rack 35 shown in Figs. 1 and 3 faces away from the toothing of a rack 35 positioned on the opposite side of base 30 and mesh with drivable drive pinion gears 34; ¶[0088]-[0096]);
wherein tooth forces are formed by the drive gears engaged with the toothing, and the drive gears and the racks are positioned so that a sum of all tangential components of the tooth forces aligns vertically and horizontally with the draw axis (tooth forces formed by drive pinion gears 34 in Fig. 1 are vertically and horizontally aligned with the Draw Axis); and
wherein torques caused by radial components of the tooth forces in a region of the two racks and acting on the draw carriage in opposite directions cancel each other out (torques caused by radial components of the tooth forces of pinions 34 at racks 35 act on draw carriage 35 in opposite directions such that they cancel each other out).
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Regarding claim 2, Morsut anticipates the draw bench of claim 1 as explained above. Morsut further discloses wherein the racks (35 in Fig. 1) each mesh with two of the drivable drive gears (pinions 34 in Fig. 1) mounted in the draw carriage (31 in Fig. 1). Paragraph [0093] discloses an example where base 30 has a rack 35 arranged on both sides and draw carriage 31 has four motors 36, with two motors and their respective pinions meshed with each rack.
Regarding claim 3, Morsut anticipates the draw bench of claim 1 as explained above. Morsut further discloses wherein the drive gears (34 in Fig. 1) are each driven by a respective gear motor (motors 36 in Fig. 1; ¶[0072]).
Regarding claim 5, Morsut anticipates the draw bench of claim 2 as explained above. Morsut further discloses the drive gears are each driven by a respective gear motor. Each pinion drive gear 34 is driven by a gear motor 36 in Fig. 1.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Patent Publication Document No. CN 106881363 A by Chen et al., hereinafter “Chen”. Citation of Chen is made to the European Patent Office Translation.
Regarding claim 1, Chen discloses a draw bench (draw bench machine shown in Figs. 1-12; ¶[0008]) comprising:
a draw bed (draw bed frame 1 in Fig. 1; ¶[0009]), with a die block (die block mold device 2 in Fig. 1) defining a draw axis (see “Draw Axis” annotation to Fig. 1 of Chen reproduced below);
a draw carriage movable along the draw bed and aligned with respect to the draw axis (draw carriage trolley 5 and/or trolley 6 in Fig. 1), and having at least two racks arranged in a fixed position on the draw bed and extending in a direction of the draw axis (¶[0011] discloses racks 8 and 11 in Fig. 1 may be arranged in a fixed position on draw bed frame 1 with the motor-driven pinions arranged on the draw carriage trolley);
wherein the racks have toothing provided on sides of the racks that face towards or away from each other and mesh with drivable drive gears provided in the draw carriage (¶[0011] discloses racks 8 in Fig. 1 may be arranged on frame 1 with toothing facing toward each other to mesh with drivable drive gears 7 provided on draw carriage trolley 5. The same arrangement may be arranged for trolley 6.);
wherein tooth forces are formed by the drive gears engaged with the toothing, and the drive gears and the racks are positioned so that a sum of all tangential components of the tooth forces aligns vertically and horizontally with the draw axis (Tooth forces are formed by drive gears 7 engaging with the toothing of racks 8 positioned so that a sum of all tangential components of the tooth forces aligns vertically and horizontally with the Draw Axis. The same applies for trolley 6.); and
wherein torques caused by radial components of the tooth forces in a region of the two racks and acting on the draw carriage in opposite directions cancel each other out (Torques caused by radial components of the tooth forces of gears 7 at racks 8 act on draw carriage trolley 5 in opposite directions such that they cancel each other out. The same applies for trolley 6.).
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Regarding claim 2, Chen anticipates the draw bench according to claim 1 as explained above. Chen further discloses the racks each mesh with two of the drivable drive gears mounted in the draw carriage. Paragraph [0023] discloses each trolley 5 and/or 6 in Fig. 1 may be provided with two, three or four groups of motor-driven pinion gears such that two or more drive gears would mesh with each rack 8 and/or 11.
Regarding claim 3, Chen anticipates the draw bench according to claim 1 as explained above. Chen further discloses the drive gears are each driven by a respective gear motor. Figs. 2-12 show each pinion gear is driven by a respective gear motor 15. See paragraph [0019].
Regarding claim 4, Chen anticipates the draw bench according to claim 1 as explained above. Chen further discloses the racks are arranged in a plane inclined about the draw axis. Figs. 9 and 12 show embodiments of the draw bench machine with the racks arranged in a plane inclined about the draw axis.
Regarding claim 5, Chen anticipates the draw bench according to claim 2 as explained above. Chen further discloses the drive gears are each driven by a respective gear motor. Figs. 2-12 show each pinion gear is driven by a respective gear motor 15. See paragraph [0019].
Regarding claim 6, Chen anticipates the draw bench according to claim 5 as explained above. Chen further discloses Figs. 9 and 12 show embodiments of the draw bench machine with the racks arranged in a plane inclined about the draw axis.
Regarding claim 7, Chen anticipates the draw bench according to claim 2 as explained above. Chen further discloses the racks are arranged in a plane inclined about the draw axis. Figs. 9 and 12 show embodiments of the draw bench machine with the racks arranged in a plane inclined about the draw axis.
Regarding claim 8, Chen anticipates the draw bench according to claim 3 as explained above. Chen further discloses the racks are arranged in a plane inclined about the draw axis. Figs. 9 and 12 show embodiments of the draw bench machine with the racks arranged in a plane inclined about the draw axis.
Regarding claim 9, Chen anticipates the draw bench according to claim 1 as explained above. Chen further discloses the draw bench (draw bench machine in Fig. 1) has a space therein between the racks (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], a space is arranged therein between where draw carriage trolleys 5 and 6 are located), and the draw axis extends through said space (the Draw Axis extends in the space between racks 8 and 11 as annotated in Fig. 1 above).
Regarding claim 10, Chen anticipates the draw bench according to claim 9 as explained above. Chen further discloses the racks face toward each other (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], the racks face toward each other) and the space is between the drive gears (the space between racks 8 and/or 11 also extends between drive gears 7 and 10 in Fig. 1).
Regarding claim 11, Chen anticipates the draw bench according to claim 2 as explained above. Chen further discloses the draw bench (draw bench machine in Fig. 1) has a space therein between the racks (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], a space is arranged therein between where draw carriage trolleys 5 and 6 are located), and the draw axis extends through said space (the Draw Axis extends in the space between racks 8 and 11 as annotated in Fig. 1 above).
Regarding claim 12, Chen anticipates the draw bench according to claim 11 as explained above. Chen further discloses the racks face toward each other (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], the racks face toward each other) and the space is between the drive gears (the space between racks 8 and/or 11 also extends between drive gears 7 and 10 in Fig. 1).
Regarding claim 13, Chen anticipates the draw bench according to claim 3 as explained above. Chen further discloses the draw bench (draw bench machine in Fig. 1) has a space therein between the racks (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], a space is arranged therein between where draw carriage trolleys 5 and 6 are located), and the draw axis extends through said space (the Draw Axis extends in the space between racks 8 and 11 as annotated in Fig. 1 above).
Regarding claim 14, Chen anticipates the draw bench according to claim 13 as explained above. Chen further discloses the racks face toward each other (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], the racks face toward each other) and the space is between the drive gears (the space between racks 8 and/or 11 also extends between drive gears 7 and 10 in Fig. 1).
Regarding claim 15, Chen anticipates the draw bench according to claim 4 as explained above. Chen further discloses the draw bench (draw bench machine in Fig. 1) has a space therein between the racks (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], a space is arranged therein between where draw carriage trolleys 5 and 6 are located), and the draw axis extends through said space (the Draw Axis extends in the space between racks 8 and 11 as annotated in Fig. 1 above).
Regarding claim 16, Chen anticipates the draw bench according to claim 15 as explained above. Chen further discloses the racks face toward each other (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], the racks face toward each other) and the space is between the drive gears (the space between racks 8 and/or 11 also extends between drive gears 7 and 10 in Fig. 1).
Regarding claim 17, Chen anticipates the draw bench according to claim 8 as explained above. Chen further discloses the draw bench (draw bench machine in Fig. 1) has a space therein between the racks (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], a space is arranged therein between where draw carriage trolleys 5 and 6 are located), and the draw axis extends through said space (the Draw Axis extends in the space between racks 8 and 11 as annotated in Fig. 1 above).
Regarding claim 18, Chen anticipates the draw bench according to claim 17 as explained above. Chen further discloses the racks face toward each other (when racks 8 and 11 are arranged on frame 1 as disclosed in ¶[0011], the racks face toward each other) and the space is between the drive gears (the space between racks 8 and/or 11 also extends between drive gears 7 and 10 in Fig. 1).
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.
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.
Claims 4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Morsut in view of Chen.
Regarding claims 4, 6, 7 and 8, Morsut anticipates the draw bench according to claims 1, 5, 2 and 3, respectively, as explained above. But Morsut does not disclose racks 35 in Fig. 1 are arranged in a plane inclined about the draw axis.
In the same field of drawing machines, Chen teaches it was known before the effective filing date of the claimed invention to arrange the racks of a drawing machine in a plane inclined about the drawing axis. See Fig. 9 and paragraphs [0053], [0085] and [0098].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to arrange Morsut’s racks 35 on base 30 in a plane inclined about direction X in the same way Chen teaches. A person of ordinary skill would have recognized applying the teaching of Chen to the draw bench disclosed by Morsut would achieve the predictable result of arranging Morsut’s racks in an incline around the draw axis as Chen teaches.
Conclusion
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
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