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 1 is objected to because of the following informalities: in line 2 on the second page of claim 1 there needs to be a space between β and of in “βof”.
Claim 1 is objected to because of the following informalities: it is suggested to amend lines 1-3 of the second page of claim 1 as follows: “is inclined downward and away from the pressing axis by an angle β which is at least equal to the angle α of an adjacent inclined lower surface of the green body to be formed.” This is based on the specification and drawings. Claim 1 itself does not rise to the level of indefinite, but does require clarification to better understand the limitation at hand.
Appropriate correction is required.
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, 8, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz et al (US PGPub 2017/0246687; herein Schwarz, already of record). Regarding claim 1:
A split-die press tool (Figures 1-3b) for forming, by compressing a powder, a green body (paragraphs 0007-0010) for a double-sided and double positive cutting insert for metal cutting, wherein the green body has a top edge, a bottom edge and a side surface connecting the top edge and the bottom edge, wherein the top edge is associated with an adjacent inclined upper surface in the side surface and the bottom edge is associated with an adjacent inclined lower surface in the side surface, which both respective inclined surfaces have a positive nominal angle α (As seen by the shape of the mold cavity in Figures 1-3b, this is also seen as the intended use of the apparatus and falls within the teachings of MPEP 2112.01 I and 2114-2115)
A die having at least two die sections (cross slides 10a and 10b), wherein each die section is movably arranged along a horizontal axis to a respective proximal pressing position and to several respective distal positions (As seen in Figures 1a and 1b), and wherein, when each die section is in the respective pressing position, the die sections form therebetween a punch tunnel extending along a vertical pressing axis (charging chute 14)
An upper punch unit (upper punch 8) and a lower punch unit (lower punch 6), both the upper and lower punch unit having a front end with a circumferential front end periphery (As seen in Figures 2a and 3a) and both upper and lower punch units being arranged in the punch tunnel with the respective front ends facing each other (As seen in Figures 2a and 3a), and wherein both the upper and lower punch unit are movably arranged in the punch tunnel along the pressing axis to a respective proximal pressing position and to several respective distal positions (As seen in Figures 2a and 3a)
Wherein, when the die sections, the lower punch unit and the upper punch unit are in their respective pressing positions, the front end periphery of the lower punch unit is at a first pressing level, and a compression space corresponding to a compressed state of the green body to be formed is formed in the punch tunnel (As seen by the motion of the lower punch 6 in Figures 2a and 3a)
When the lower punch unit is in a distal position in a form of a decompression position, the front end periphery of the lower punch unit is at a first expansion level corresponding to a maximal downward vertical decompression expansion of the green body to be formed (As seen by the motion of the lower punch 6 in Figures 2a and 3a, this is seen as the intended use of the apparatus, and since Schwarz teaches a movable lower punch 6, the lower punch 6 is capable of such use)
Wherein the punch tunnel includes a first side surface portion located on at least one of the die sections (forming face 12a), wherein the first side surface portion has a vertical extension downward from the first pressing level to the first expansion level (the shape shown by Schwarz has such an extension),
Wherein the first side surface portion, as seen in a vertical cross section of the punch tunnel, is inclined downward and away from the pressing axis by an angle β of at least the angle α of an adjacent inclined lower surface of the green body to be formed (As seen in Figure 3a the surface slopes down as claimed), and the punch tunnel includes a second side surface portion located on the at least one of the die sections (forming face 12b), which second side surface portion is vertically aligned with the first side surface portion and has a vertical extension downward from the first expansion level to a first restraining level, and at which first restraining level a horizontal distance to the adjacent front end periphery of the lower punch unit is less than at the first expansion level (As seen in Figures 2a and 3a, this is seen as the intended use of the apparatus, and since Schwarz teaches a movable punches, the apparatus of Schwarz is capable of such use).
Regarding claim 7, Schwarz teaches:
Wherein the angle β of the first side surface portion is equal to the angle α (As seen by the shape of the mold cavity in Figures 1-3b)
Regarding claim 8, Schwarz teaches:
Wherein the second side surface portion includes an upper portion, which extends in the same direction as the first side surface portion downward from the first expansion level to a first relieving level (As seen by the shape of the cavity in Figure 3a)
Regarding claim 10, Schwarz teaches:
Wherein, when the lower punch unit is in a distal position in form of a filling position, the front end periphery of the lower punch unit is at a filling level, which is below the first restraining level (As seen in Figure 2a, this is also seen as the intended use of the apparatus, and since Schwarz teaches a movable punches, the apparatus of Schwarz is capable of such use).
Regarding claims 11 and 12:
The claimed surfaces and shapes are as seen by the mold volume in Figure 3a, with regards to the levels and movements, since Schwarz teaches a movable punches, the apparatus of Schwarz is capable of such use).
Regarding claim 13:
As seen by the shape of the mold volume in Figueres 1-3b the shape is symmetric.
Regarding Claim 14:
Claim 14 is directed to the material worked upon and the intended use of the apparatus, since Schwarz anticipates the claimed structure, Schwarz is then capable of the claimed use.
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.
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz. Regarding claims 2-6:
Claims 2-6 relate to the size and shape of the claimed tool. Since Schwarz anticipates the tool of claim 1 the size and shape thereof would have been obvious to one having ordinary skill in the art at the time the invention was filed since the size and shape of a known device/product has been found to be an obvious design choice for a skilled artisan, see MPEP 2144.04 IV A and B.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schwarz, in view of Bolander et al (WO 2015/001075; herein Bolander, already of record). Regarding claim 9, Schwarz is silent to:
Wherein the second side surface portion includes a lower portion, which extends downward from the first relieving level to the first restraining level and, as seen in a vertical cross section of the punch tunnel, is inclined downward and toward the pressing axis by an angle γ of at least 5° at most 45°
In the same field of endeavor both Bolander teaches controlling the angle of the mold in order to release the part (Figure 7 and page 15, lines 20-25).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to control the angle of the mold surface as taught by Bolander, in order for better part release.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The art cited on the PTO-892 is related to split die presses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KENNEDY whose telephone number is (571)270-7068. The examiner can normally be reached Mon-Fri 8am-5pm.
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/TIMOTHY KENNEDY/ Primary Examiner, Art Unit 1743