CTNF 18/613,657 CTNF 89187 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This Action is non-final and is in response to the claims filed March 22, 2024. Claims 1-3 are currently pending, of which claims 1-3 are currently rejected. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1 and 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of copending Application No. 18/613,619 (hereinafter, “the ‘619 application”). Although the claims at issue are not identical, they are not patentably distinct from each. Claim 1 of the present application is taught by at least claim 1 of the ‘619 application. The device storage unit has the same functionality as the molded article item storage unit of the present application. Claim 3 of the present application is taught by at least claims 1-4 of the ‘619 application. Specifically, multiple storage units are claimed that store information in association with one another, including information about the defect classification. Claim 2 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of the ‘619 application in view of Boor (U.S. Publication No. 2007/0045887). Claim 2 of the present application is taught by at least claims 1-4 of the ‘619 application. However, the ‘619 application does not teach the molded article type information as claimed in the present application. Boor teaches the molded article item storage unit stores molded article type information that is information related to a type of the molded article and includes any one of an optical component, an insert component, and a multicolor molded component (See Boor para. [0017]: color variation in injection molding manufacturing). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine, with a reasonable expectation of success, the defect classification and manufactured products of the ‘619 application with the molded articles of Boor. One would have been motivated to combine these references because both references disclose identifying features in a manufacturing process. Boor further enhances the management system of the ‘619 application by expanding upon the applicability of the classifications, further enhancing the flexibility of the system by increasing the types of defects that can be monitored and classified, allowing for expanded user control and analysis. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1 and 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of copending Application No. 18/613,782 (hereinafter, “the ‘782 application”). Although the claims at issue are not identical, they are not patentably distinct from each other. Claim 1 of the present application is taught by at least claim 1 of the ‘782 application. The production process storage unit has the same functionality as the molded article item storage unit of the present application. Claim 3 of the present application is taught by at least claims 1-4 of the ‘782 application. Specifically, multiple storage units are claimed that store information in association with one another, including information about the defect classification. Claim 2 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of the ‘782 application in view of Boor (U.S. Publication No. 2007/0045887). Claim 2 of the present application is taught by at least claims 1-4 of the ‘782 application. However, the ‘782 application does not teach the molded article type information as claimed in the present application. Boor teaches the molded article item storage unit stores molded article type information that is information related to a type of the molded article and includes any one of an optical component, an insert component, and a multicolor molded component (See Boor para. [0017]: color variation in injection molding manufacturing). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine, with a reasonable expectation of success, the defect classification and manufactured products of the ‘782 application with the molded articles of Boor. One would have been motivated to combine these references because both references disclose identifying features in a manufacturing process. Boor further enhances the management system of the ‘619 application by expanding upon the applicability of the classifications, further enhancing the flexibility of the system by increasing the types of defects that can be monitored and classified, allowing for expanded user control and analysis. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA 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. 07-30-06 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: “molded article item storage unit”, “defect classification storage unit”, “first receiving unit”, “second receiving unit”, “item defect storage unit”, “third receiving unit”, and “fourth receiving unit” in claims 1-3 . 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. 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 07-30-02 AIA 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. 07-34-01 Claims 1-3 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-23 Claim limitations “molded article item storage unit”, “defect classification storage unit”, “first receiving unit”, “second receiving unit”, “item defect storage unit”, “third receiving unit”, and “fourth receiving unit” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specifically, these various “units” are all broad units included in a cloud server (See Specification Figs. 1 and 8). It is unclear whether these are meant to be hardware, software, and/or a combination of both hardware and software. Applicant is thus attempting to claim all possibilities. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Examiner’s Note The prior art rejections below cite particular paragraphs, columns, and/or line numbers in the references for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art. 07-06 AIA 15-10-15 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. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taheri et al. (U.S. Publication No. 2019/0206049; hereinafter, “Taheri”) and further in view of Boor (U.S. Publication No. 2007/0045887) . As per claim 1 , Taheri teaches a molding management system comprising : a molded article item storage unit configured to store a plurality of pieces of [ molded ] article item information that are identification information of an item of a [molded] article (See Taheri Figs. 1-3 and paras. [0029-30]: product identifier and other information associated with item, including the part involved; paras. [0023-24]: databases to store and receive information about the articles, defects, etc.); a defect classification storage unit configured to store master data including a plurality of pieces of defect classification information that are information related to classification of a defect of the [ molded ] article (See Taheri Figs. 1-3 and paras. [0029-30]: product identifier and other information associated with item, including the part involved; paras. [0023-24]: databases to store and receive information about the articles, defects, etc.); a first receiving unit configured to receive selection of the [molded] article item information stored in the [ molded ] article item storage unit (See Taheri Figs. 1, 2, and paras. [0043-44]: user can select information about parts/products to be displayed in the dashboard interface); a second receiving unit configured to receive selection of the defect classification information provided in the master data (See Taheri Figs. 1, 2, and paras. [0043-44]: user can select information about defect items to be displayed in the dashboard interface); an item defect storage unit configured to store the [ molded ] article item information received by the first receiving unit and the defect classification information received by the second receiving unit in association with each other (See Taheri Figs. 1-3 and paras. [0050-51]: creating new filters or applying saved filters to the list of defect items. This is included on the dashboard to show the associated data; paras. [0023-24]: databases to store and receive information about the articles, defects, etc.); and a third receiving unit configured to receive, when the defect occurs in the [ molded ] article, selection of the defect classification information stored in the item defect storage unit in association with the molded article item information of an item of the [molded] article in which the defect occurs (See Taheri Figs. 1-3 and paras. [0050-51] and [0055-56]: creating new filters or applying saved filters to the list of defect items. This is included on the dashboard to show the associated data). However, while Taheri teaches defect identifiers and classification in a manufacturing environment, Taheri does not explicitly teach injection molding, and thus molded articles. Boor teaches molded articles (See Boor paras. [0027-28]: injection molded articles). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine, with a reasonable expectation of success, the defect classification and manufactured products of Taheri with the molded articles of Boor. One would have been motivated to combine these references because both references disclose identifying features in a manufacturing process. Boor further enhances the management system of Taheri by expanding upon the applicability of the classifications, further enhancing the flexibility of the system by increasing the variety of items that can be monitored and classified. As per claim 2 , Taheri further teaches the molding management system according to claim 1, further comprising: a fourth receiving unit … the fourth receiving unit receives selection of the molded article type information stored in the molded article item storage unit (See Taheri Figs. 1-3 and paras. [0023] and [0040-43]: selection of related item, including damage type, part, material, etc.), and the item defect storage unit stores the molded article item information received by the first receiving unit, the defect classification information received by the second receiving unit, and the molded article type information received by the fourth receiving unit in association with one another (See Taheri paras. [0067] and [0070]: various information related to the article and the defect can be retrieved; paras. [0023-24]: databases to store and receive information about the articles, defects, etc.). However, while Taheri teaches manufacturing defects, Taheri does not teach injection molded articles and that the molded article includes an optical component, an insert component, and/or a multicolor molded component. Boor teaches wherein the molded article item storage unit stores molded article type information that is information related to a type of the molded article and includes any one of an optical component, an insert component, and a multicolor molded component (See Boor para. [0017]: color variation in injection molding manufacturing). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine Taheri with the teachings of Boor for at least the same reasons as discussed above in claim 1. As per claim 3 , Taheri/Boor further teaches the molding management system according to claim 1, wherein the molded article item information received by the first receiving unit and the defect classification information received by the second receiving unit are stored in the item defect storage unit in association with each other via production process information that is identification information of a production process of the molded article (See Taheri paras. [0067] and [0070]: various information related to the article and the defect can be retrieved; paras. [0023-24]: databases to store and receive information about the articles, defects, etc.) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Klicos whose telephone number is (571)270-5889. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NICHOLAS KLICOS/Primary Examiner, Art Unit 2118 Application/Control Number: 18/613,657 Page 2 Art Unit: 2118 Application/Control Number: 18/613,657 Page 3 Art Unit: 2118 Application/Control Number: 18/613,657 Page 4 Art Unit: 2118 Application/Control Number: 18/613,657 Page 5 Art Unit: 2118 Application/Control Number: 18/613,657 Page 7 Art Unit: 2118 Application/Control Number: 18/613,657 Page 8 Art Unit: 2118 Application/Control Number: 18/613,657 Page 9 Art Unit: 2118 Application/Control Number: 18/613,657 Page 10 Art Unit: 2118 Application/Control Number: 18/613,657 Page 11 Art Unit: 2118 Application/Control Number: 18/613,657 Page 12 Art Unit: 2118 Application/Control Number: 18/613,657 Page 13 Art Unit: 2118 Application/Control Number: 18/613,657 Page 14 Art Unit: 2118 Application/Control Number: 18/613,657 Page 15 Art Unit: 2118
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