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 § 112
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.
Claims 20 and 23-28 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.
Regarding claim 20 and 23, it is unclear what is required by the heating element being associated with both the insert and the planar platen. Associated with would appear to mean it is internal to them, but a single heating element is not taught to be internal to two different elements which move relative to one another. Forb the purposes of examination, this is considered to require at least one heating element and heating of both one of the platens and the insert, either internally or externally.
Regarding claim 24, it is unclear how the reinforcement element engages the first planar platen when the insert is between the reinforcement element and the platen. Are there locations where the insert is not between them? Does it directly contact the first planar platen or contact it indirectly through the insert? For the purposes of examination, the reinforcement element indirectly or directly engages the first planar platen through the insert.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 21, 22, 24, 26, 29-31, and 33-36 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claims require specifics of the material worked upon which does no further limit the apparatus. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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.
Claim(s) 19, 21, 22, and 24-38 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hagstrom(US Patent 3,373,067)
Regarding claims 19 and 32, Hagstrom discloses an apparatus comprising two planar mold surfaces which can be pressed together and an insert(26) which engages a component which is placed between the two mold surfaces.(Figure 3) The mold surfaces and insert are heated.(Col. 3, ll. 55-60) It is noted the claims do not require the heat to be internally generated. The apparatus is capable of forming a panel.
Regarding claims 21, 22, 26, 29-31, and 33-36, the composition of the components does not affect the structure of the apparatus.
Regarding claim 24, the panel engages one platen while the reinforcement indirectly engages the other platen via the insert.(Figure 3)
Regarding claim 25, the press is heated.(Col. 3, ll. 55-60) Whether the heating occurs before the engaging or after it is a method limitation which does not affect the structure of the apparatus.
Regarding claim 27, the press presses the components together.(Col. 3, ll. 55-60) The apparatus is capable of pressing them together after heating.
Regarding claims 28 and 32, the insert is metal and the press is heated, and thus the inset would be heated.(Col. 3, ll. 31-32, 55-60) Whether the temperature it is heated to is a curing temperature is dependent on the composition of the components, which does not affect the structure of the apparatus.
Regarding claim 37, Hagstrom discloses the mold can apply pressure of 70-100 psi.(Col. 6, ll. 53-54)
Regarding claim 38, Hagstrom discloses the mold can be heated to 285-325F.(Col. 6, ll. 50-51) The length of time the heating occurs is a method limitation that does not affect the structure of the apparatus.
Claim(s) 19-38 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Petty-Galis et al.(US Patent 4,946,526)
Regarding claims 19 and 32, Petty-Galis et al. discloses an apparatus comprising two planar mold surfaces(20,30) which can be pressed together and an insert(21) which engages a component which is placed between the two mold surfaces.(Figures 3 and 6C) The mold surfaces and insert are heated internally.(Col. 5, ll. 38-41) The apparatus forms a panel.
Regarding claims 20 and 23, there is a heating element associated with(located in) the press platens and the insert.(Col. 5, ll. 38-42)
Regarding claims 21, 22, 26, 29-31, and 33-36, the composition of the components does not affect the structure of the apparatus.
Regarding claim 24, the panel engages one platen while the reinforcement indirectly engages the other platen via the insert.(Figure 3)
Regarding claim 25, the press is heated.(Col. 5, ll. 38-41) Whether the heating occurs before the engaging or after it is a method limitation which does not affect the structure of the apparatus.
Regarding claim 27, the press presses the components together.(Figure 3) The apparatus is capable of pressing them together after heating.
Regarding claims 28 and 32, the insert and press are heated.(Col. 5, ll. 37-42) Whether the temperature it is heated to is a curing temperature is dependent on the composition of the components, which does not affect the structure of the apparatus.
Regarding claim 37, the mold can apply pressure of 50-200 psi.(Col. 5, 57-58)
Regarding claim 38, the mold can be heated to 650F(Col. 5, ll. 58) and thus is clearly capable of being heated to 250-500F which is less than 650F. The length of time the heating occurs is a method limitation that does not affect the structure of the apparatus.
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.
Claim(s) 20 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hagstrom.
Regarding claims 20 and 23, Hagstrom does not disclose the specifics of the heating. However, it does disclose the heat is applied by the press(Col. 3, ll. 56-57) It would have been obvious to one of ordinary skill at the time of filing to provide a heating element located in the press since this would allow easy heating of the press. Heating of the press would in turn heat the insert, and thus a heating element is associated with the insert since it is located in the mold which is connected to the insert by virtue of being in direct contact with the insert.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARBARA J MUSSER whose telephone number is (571)272-1222. The examiner can normally be reached 7:30-4:30 M-Th; 7:30-3:30 second Fridays.
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BARBARA J. MUSSER
Primary Examiner
Art Unit 1746
/BARBARA J MUSSER/ Primary Examiner, Art Unit 1746