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 .
Response to Arguments
Applicant’s arguments, see remarks starting on page 14, filed June 24, 2026, with respect to the rejection(s) of claim(s) 1-12 and 14-20 based on the teaching of Grob et al under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the teachings of Gensert.
Claim Rejections - 35 USC § 103
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 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.
1. Claim(s) 1-12 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deriaz et al (US 2012/0394250) in view of Gensert (DE 19536817).
In reference to claim 1, Deriaz et al discloses a method for manufacturing a profile body which is provided with a profile, the methos comprising of the steps of
providing a workpiece (1) which comprises a longitudinal axis (Z) and, in a machining region (11), an outer surface, into which the profile is to be incorporated [see paragraph 0145],
providing an orbiting body (8)
providing a first tool holder (5) that is mounted in the orbiting body (8) for an orbiting movement (R8’) by the orbiting body [see paragraph 0148], the first tool holder also being rotatable about a rotation axis (W) of the first tool holder,
providing a first tool (2) that is held by the first tool holder,
cold forming the workpiece,
wherein the cold forming comprises the steps of
rotating the workpiece about the longitudinal axis (Z),
machining the workpiece while rotating the workpiece by engaging the first tool with the workpiece about the longitudinal axis, in a multitude of successively executed reshaping engagements during which the first tool (2) engages the machining region (11) [see paragraph 0149],
rotating the first tool holder about the rotation axis of the first tool holder, and moving the orbiting body to drive the first tool holder into the orbiting movement [see paragraphs 0156-0157; figure 1],
synchronizing the rotation of the workpiece about the longitudinal axis with the orbiting movement of the first tool holder [see paragraph 0052], and
synchronizing the rotation of the first tool holder about the rotation axis of the first tool holder with the orbiting movement of the first tool holder [see paragraph 0054].
Deriaz et al further discloses the tool is a sectoral tool that is mounted in the tool holder. Deriaz et al discloses the invention substantially as claimed except for wherein the tool is a roller that is rotatable within the tool holder.
However, Gensert teaches of profiling a workpiece with a profile rolling tool (17) that rotates about a first tool axis (5) relative to the tool holder it is mounted within [see figure 3; last paragraph on pg. 2 & fourth paragraph on pg. 3] for the purpose of cold forming a profile onto the workpiece [see figure 3; abstract].
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sectoral tool of Deriaz et al with a profile rolling tool, as taught by Gensert, since both are known equivalents in the art for cold forming profiles onto workpieces.
It is noted that modifying the sectoral tool to be a roller would result in the rotational axis of the tool being different from the rotational axis of the tool holder since the tool would be mounted at an end of the tool holder below the rotational axis of the tool holder as illustrated in Gensert.
In reference to claim 2, Deriaz et al further discloses rotating (R1) the workpiece about the longitudinal axis is synchronized with the orbiting movement of the first tool holder (5) such that at each of a number of different positions distributed over a circumference of the workpiece, several of the reshaping engagements take place [see paragraph 0052], and
rotating the first tool holder (5) about the rotation axis of the first tool holder is synchronized with the orbiting movement (R8) of the first tool holder such that the first tool runs, for each of the reshaping engagements through identical angular orientations with respect to the rotation axis of the first tool holder [see paragraph 0020].
In reference to claim 3, Deriaz et al further discloses the orbiting body (8) rotates (R8’) about an orbiting body axis (V), and wherein the orbiting body axis and the rotation axis of the first tool holder are aligned parallel to one another, as seen in figure 4.
In reference to claim 4, Gensert further teaches the first tool (17) is a roller that comprises an active region which is rotationally symmetric with respect to the first tool axis, as seen in figures 3.
In reference to claim 5, Deriaz et al further discloses the rotation of the first tool holder about the rotation axis (W) of the first tool holder (5) is synchronized with the orbiting movement (R8) of the first tool holder (5) via a planetary gear [see paragraph 0159].
In reference to claim 6, Deriaz et al further discloses the planetary gear (40) comprises a ring gear (41) and a planet wheel (45) which runs in the ring gear (41), wherein the planet wheel (45) is part of the first tool holder (5) and together with the first tool holder executes the rotation of the first tool holder about the rotation axis of the first tool holder [see figure 4; paragraph 0175].
In reference to claim 7, Deriaz et al further discloses wherein the multitude of successively executed reshaping engagements of the first toll are first reshaping engagements, the method comprising the further steps of
providing a second tool,
wherein cold forming the workpiece further comprises the second tool (2) simultaneously machining the workpiece in a multitude of successively executed second reshaping engagements in which the second tool comes into contact with the workpiece [see figure 5].
In reference to claim 8, Deriaz et al further discloses wherein the multitude of successively executed reshaping engagements of the first tool are first reshaping engagements, the method comprising further comprising:
providing a further tool holder,
providing a further tool (2a1’) which is held by the further tool holder,
wherein the cold forming the workpiece further comprises the steps of:
machining the workpiece (1) with the further tool (2a1’) in a multitude of further successively executed reshaping engagements, in which the further tool comes into contact with the workpiece (1), wherein the further tool holder carries out an identical orbiting movement as the first tool holder [see figure 7].
In reference to claim 9, the combination further discloses the further tool holder (5a1) is identical to the first tool holder (5a1), and the further tool is mounted in the further tool holder to be rotatable about a further tool axis which is different from the rotation axis of the first tool holder and is different from the first tool axis. [see figure 7; paragraph 0192].
In reference to claim 10, the combination further discloses the further tool holder (5a2) is different from the first tool holder (5a1), and the further tool is (2a2) is rotatably held in the further tool holder to be rotatable about a further tool axis, wherein the orbiting movement of the first tool holder and the orbiting movement of the further tool holder describe identical orbiting paths (U) [see figure 7 of Deriaz et al].
In reference to claim 16, the combination further discloses the first tool axis is spaced from the rotation axis.
In reference to claim 17, the combination further discloses the first tool is freely rotatably mounted in the first tool holder so as to be rotatable about the first tool axis.
In reference to claim 18, Gensert further teaches the first tool is a roller (17), as seen in figure 3.
In reference to claim 19, Deriaz et al further discloses wherein each of the successively executed second reshaping engagements of the second tool takes place at a position of the workpiece which lies, with respect to the longitudinal axis, opposite a position of the workpiece at which simultaneously each first reshaping engagement of the first tool takes place.
In reference to claim 20, Deriaz et al further discloses the first tool axis of the first tool holder and the further tool axis of the further tool holder are aligned perpendicularly to a common plane, as seen in figure 5.
In reference to claim 11, Deriaz et al discloses a device (100) for manufacturing a profile body which is provided with a profiling by way of cold forming a workpiece (1) [see paragraph 0145], wherein the device comprises
a workpiece holder (10) having a longitudinal axis and being rotatable about the longitudinal axis (Z), the workpiece holder being configured to hold the workpiece (1) [see paragraph 0151],
a drive (A1) for rotating the workpiece holder about the longitudinal axis [see paragraph 0153],
an orbiting body (8) [see paragraph 0147],
a first tool holder (5) for holding a first tool, wherein the first tool holder is mounted in the orbiting body (8) to be rotatable about a rotation axis (W) of the first tool holder (5) [see figure 1; paragraph 0148],
a drive (A5) for rotating the first tool holder (5) about the rotation axis of the first tool holder [see paragraph 0154],
a drive moving the orbiting body and thereby moving the first tool holder (5) into an orbiting movement [see paragraph 0153],
a first synchronization device (S1) for synchronizing the rotation of the workpiece holder about the longitudinal axis with the orbiting movement of the first tool holder [see paragraph 0156],
a second synchronization device (S5) for synchronizing the rotation of the first tool holder about the rotation axis of the first tool holder with the orbiting movement of the first tool holder [see paragraph 0159].
Deriaz et al further discloses the tool is a sectoral tool that is mounted in the tool holder. Deriaz et al discloses the invention substantially as claimed except for wherein the tool is a roller that is rotatable within the tool holder.
However, Gensert teaches of profiling a workpiece with a profile rolling tool (17) that rotates about a first tool axis (5) relative to the tool holder it is mounted within [see figure 3; last paragraph on pg. 2 & fourth paragraph on pg. 3] for the purpose of cold forming a profile onto the workpiece [see figure 3; abstract].
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sectoral tool of Deriaz et al with a profile rolling tool, as taught by Gensert, since both are known equivalents in the art for cold forming profiles onto workpieces.
It is noted that modifying the sectoral tool to be a roller would result in the rotational axis of the tool being different from the rotational axis of the tool holder since the tool would be mounted at an end of the tool holder below the rotational axis of the tool holder as illustrated in Gensert.
In reference to claim 12, Gensert further teaches the first tool, mounted in the first rotation bearing (5) to be rotatable about the first tool axis, wherein the first tool is a roller (17) and comprises an active region which is rotationally symmetric with respect to the first tool axis, as seen in figures 3.
In reference to claim 14, Deriaz et al further discloses a planetary gear (40), the planetary gear being comprised in the second synchronization device (S5) [see paragraph 0160].
In reference to claim 15, Deriaz et al further discloses the orbiting body (8) is mounted in a profiling head (3a), wherein the device further comprises a drive for moving the profiling head towards the longitudinal axis [see figure 5; paragraphs 0181 & 0186-0187].
2. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deriaz et al in view of Gensert as applied to claim 11 above, and further in view of Deriaz (WO 2009/112074A1).
In reference to claim 13, the combination of Deriaz et al and Grob et al discloses the invention substantially as claimed except for wherein a drive is provided for moving the workpiece holder parallel to the longitudinal axis.
However, Deriaz et al teaches of a profiling machine for profiling an outer surface of a workpiece (1) between two rollers (2a, 2b) wherein the workpiece is fed by a drive in a direction (S) parallel to a longitudinal axis of the workpiece, as taught by Deriaz, in order to engage with the rollers to allow for the profiling (P) to be formed along the entire length of the workpiece [see figure 1].
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Deriaz et al to include a drive for moving the workpiece holder in the longitudinal axis in order to allow for the movement of the workpiece along the longitudinal axis to produce the profiling along the length of the workpiece.
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.
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/Debra M Sullivan/
Primary Examiner, Art Unit 3725
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