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 Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pierce et al. (U.S. Pat. No. 2,832,270).
Regarding claim 1: Pierce discloses a n apparatus comprising:
a mandrel assembly (Figs. 8 & 10; via plunger C) comprising:
a first side plate (via 112);
a second side plate spaced apart from the first side plate (via the other and opposite plate 112);
first and second bars coupled to and extending between the first and second side plates, the second bar being spaced apart from the first bar (Figs. 8 & 10; via spaced apart bars 111 and/or 107 and/or 109);
a first forming element pivotally coupled directly to the first bar and configured to rotate in a first direction by a first amount from a home position to a collapsed position (Figs. 13 & 14; via pivotally mounted levers 127 coupled directly to bar/arm 110 and/or Figs. 8-11; via pivotable member 103 directly mounted on arm 110); and
a second forming element pivotally directly coupled to the second bar and configured to rotate in a second direction by a second amount from a home position to a collapsed position, wherein the second direction is opposite the first direction (Figs. 13 & 14; via the other and opposite pivotally mounted lever 127 and/or Figs. 8-11; via the shown other set of pivotable members 103 directly mounted on arm 110); and
a folding station defining an opening that receives the mandrel assembly, see for example (Figs. 9-12; via folding die D).
Regarding claim 2: wherein the second amount is substantially equal to the first amount, see for example (Figs. 13-14; via pivotally mounted levers 127 “substantially” pivoted in equal amounts).
Regarding claim 3: wherein:
the first forming element comprises a first main body and at least one first forming section that extends beyond the first main body (Figs. 13-14; via finger portion 103’ extends out of the lever body 127); and
the second forming element comprises a second main body and at least one second forming section that extends beyond the second main body (via the other and opposite finger portion 103’),
when the first and second forming elements are in the home position, front edges of the first and second side plates and the at least one first and second forming sections collectively define a first footprint, and the opening defined by the folding station comprises dimensions corresponding to the first footprint, see for example (Fig. 13; via 1st. position of the pivoting forming levers 127); and
when the first and second forming elements are in the collapsed position, front edges of the first and second side plates and the at least one first and second forming sections collectively define a second footprint that is smaller than the first footprint (Fig. 14; via 2nd. position of the pivoting forming levers 127).
Regarding claim 4: wherein:
the at least one first and second forming sections extend beyond respective upper and lower edges of the first and second side plates by a first distance when the first and second forming elements are in the home position, see for example (Figs. 8 & 13; via 103 appears to be extended out and beyond plate 112 in the 1st. position); and
the at least one first and second forming sections extend beyond the respective upper and lower edges of the first and second side plates by a second distance when the first and second forming elements are in the collapsed position, the second distance being less than the first distance, see for example (Figs. 8 & 14; via 103 appears to be extended out and beyond plate 112 in the 2nd. position).
Regarding claim 5: wherein the at least one first forming section comprises a first substantially planar outer edge and the at least one second forming section comprises a second substantially planar outer edge, see for example (Figs. 13-14; via the shown different planar edges of forming sections 127).
Regarding claim 6: wherein when the first and second outer forming elements are in the home position, the first and second substantially planar outer edges are substantially parallel with each other, see for example (Fig. 13; via when forming elements 127 in that shown home position the planar outer edges appears to be “substantially” parallel with each other).
Regarding claim 7: wherein the mandrel assembly further comprises:
at least one first biasing element configured to bias the first forming element toward the home position (Figs. 13-14; via spring 113’); and
at least one second biasing element configured to bias the second forming element toward the home position (Figs. 13-14; via the other shown opposite spring 113’).
Response to Arguments
Applicant's arguments filed 01/30/2026 have been fully considered but they are not persuasive.
Applicant argues that the amended claims referring to the forming elements to be “directly” coupled with the first and second bars are not suggested by the applied art of Pierce ‘270.
The Office reminds applicant that the claims are given the broadest reasonable meaning, in this case as set forth above it is believed that such arguments and filed amendments are suggested by ‘270, see for example Figs. 8-11; via the shown set of pivotable members 103 directly mounted on arms 110. Further, the added term “directly” is kind of broad term as any given pivotable element could be considered as linked or coupled “directly” to its holding arm or bar via through a spring or cam or other means!
Further, the Office believes that as long as the applied art ‘270 suggests the claimed pivotable member and a bar, having the pivotable member to be coupled “directly” to the bar would be nothing more than a design choice and/or re-arranging of parts matter.
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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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731