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 Amendment
Claim 7 is cancelled.
Claim 30 is newly added claim.
Claims 1-6 and 8-30 maintained rejected.
In view of amendment, filed on 03/13/2026, the following objection / rejections are withdrawn from the previous office action, mailed on 09/15/2025.
Objection of claim 12
The following rejections are maintained for the reason of records as given in the previous office action. The bases of these rejections are the same as given in the office action, mailed on 09/15/2025.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6, 8-10, 12-14, 17-19, and 23-28 are rejected under 35 U.S.C. 102(a)(1) / 102(a)(2) as being anticipated by Kűnz et al. (US 2022/0152910).
Regarding claim 1, Kűnz et al. (US ‘910) disclose a mold assembly for molding articles (Figs. 1, 4-6; para. [0125] regarding a blow molding tool), comprising: a surface insert (molding body 5, Fig. 5) configured to form a least a portion of a molded article (plastic container, para. [0127]), the surface insert (molding body 5) having an overall surface insert thickness (the molding body 5 has a wall thickness of about 1.5 mm to 12 mm in the region of the mold cavity 6, Para. [0124]) within a range of about 0.250 inches to about 1.500 inches (about 1.5 mm to 12 mm, Para. [0124], at least 0.059 inches (1.5 mm) and at most 0.472 inches (12 mm) thick, Cl. 22); and a surface insert support (insulating element 16), the surface insert support (insulating element 16) configured to support at least a portion (as shown in Fig. 5) of the surface insert (molding body 5); wherein at least a portion (at temperature control channels 54, Fig. 6) of the surface insert (molding body 5) and/or at least a portion of the surface insert support are formed by additive manufacturing (the rear side 53 of the molding body 5 is provided with temperature control channels 54 … the temperature control channels 54 can be produced … by alternative manufacturing methods, for example … metal printing, Para. [0125]).
Further, Kűnz et al. (US ‘910) discloses the surface insert (insulating element 16, ¶ [0118]) includes one or more internal fluid channels (separate temperature control channels 54 formed by partitions 55, ¶ [0117], ¶ [0126], and Fig. 6) defining a fluid path enclosed within the surface insert (insulating element 16, ¶ [0118]).
Regarding claim 2, Kűnz et al. (US ‘910) discloses the surface insert (molding body 5, Fig. 5) is comprised of metal (the molding body may be made of aluminum, Para. [0096]) and is formed by additive manufacturing (the rear side 53 of the molding body 5 is provided with temperature control channel 54 … the temperature control channels 54 can be produced … by alternative manufacturing methods, for example … metal printing, Para. [0125]).
Regarding claim 3, Kűnz et al. (US ‘910) teaches the surface insert (molding body 5, Fig. 5) is comprised of metal (the molding body may be made of aluminum, Para. [0096]) and is formed by 3D printing (the rear side 53 of the molding body 5 is provided with temperature control channels 54 … the temperature control channels 54 can be produced … by alternative manufacturing methods, for example … metal printing, Para. [0125]).
Regarding claim 4, Kűnz et al. (US ‘910) discloses the surface insert (molding body 5, Fig. 5) is comprised of aluminum (the molding body may be made of aluminum, Para. [0096]), copper, aluminum bronze, or stainless steel.
Regarding claim 6, Kűnz et al. (US ‘910) teaches the surface insert (molding body 5, Fig. 5) includes an article-forming surface or portion (at inner wall 52), an insert interfacing surface (at rear side 53, Fig. 5, the rear side 53 of the molding body 5 with the temperature control channels 54 is embedded in the insulation block, Para. [0125]), and one or more internal fluid channels (temperature control channels 54, Fig. 6, temperature control channels 54 for the throughflow of a heating medium/coolant, for example water, Para. [0125]) are configured about and/or around the article-forming surface or portion.
As to claim 8, Kűnz et al. (US ‘910) teach the one or more fluid channels (temperature control channels 54, Fig. 6) are interconnected (as shown in Fig. 6).
As to claim 9, Kűnz et al. (US ‘910) disclose the article-forming surface or portion (at inner wall 51, Fig. 5) is configured to form a portion of a bottle (production of the container neck or of the container bottom, Para. [0123], a neck section of the plastic container, Para. [0116]).
As to claim 10, Kűnz et al. (US ‘910) teach one or more fluid cooling or heating channels (temperature control channels 54, Fig. 6, a heating medium/coolant, Para. [0125]) included in the surface insert (molding body 5), the surface insert support, or a combination of the surface insert and the surface insert support.
As to claim 12, Kűnz et al. (US ‘910) disclose the molded article (plastic container, Para. [0127]) formed by the mold assembly (blow molding tool, Para. [0125]) is comprised of a polymer (plastic container, Para. [0127]).
As to claim 13, Kűnz et al. (US ‘910) teach the molded article (plastic container, Para. [0127]) formed by the mold assembly (blow molding tool, Para. [0125]) is comprised of polyethylene (PE), polypropylene (PP) (plastic container, Para. [0127]), polypropylene (PP) … used predominantly as raw material for the production of plastic containers in the stretch blow-molding process, Para. [0004]), high-density polyethylene (HDPE), low-density polyethylene (LDPE), and/or polyethylene terephthalate (PET).
As to claim 14, Kűnz et al. (US ‘910) disclose the surface insert support (insulating element 16, Fig. 5) includes a surface-insert-engaging portion (Fig. 5 showing a portion of insulating element 16 receiving molding body 5; the rear side 53 of the molding body 5 with the temperature control channel 54 is embedded in the insulation block, Para. [0125]) configured to engage all or portion of (as shown in Fig. 5) the surface insert (molding body 5).
As to claim 17, Kűnz et al. (US ‘910) teach the surface insert support (insulating element 16, Fig. 5) is comprised of a polymer (the insulation block 16 consists of a thermally insulating plastic, Para. [0122]).
As to claim 18, Kűnz et al. (US ‘910) discloses an article-forming portion (at inner wall 51, Fig. 5) of the surface insert (molding body 5) has a thickness (the molding body 5 has a wall thickness of about 1.5 mm to 12 mm in the region of the mold cavity 6, Para. [0124]) in a range of from about 0.030 inches (0.762 mm) to about 0.500 inches (12.7 mm) (about 1.5 mm to 12 mm, Para. [0124], at least 0.059 inches (1.5 mm) and at most 0.472 inches (12 mm) thick, Cl. 22).
As to claim 19, Kűnz et al. (US ‘910) teach an article-forming portion (at inner wall 51, Fig. 5) of the surface insert (molding body 5) has a thickness substantially equal to (as shown ni Fig. 5) a depth of a tab pocket (Fig. 5 showing a portion of insulating element 16receiving molding body 5; the rear side 53 of the molding body 5 with the temperature control element 54 is embedded in the insulation block, Para. [0125]) in the surface insert support (insulating element 16).
As to claim 23, Kűnz et al. (US ‘910) disclose the surface insert (molding body 5, Fig. 6) includes fluid channels (temperature control channels 54, Fig. 6, temperature control channels (54) for the throughflow of a heating medium/coolant, for example water, Para. [0125]), has an overall thickness (Fig. 6 showing molding body 5 with partitions 55 forming a thickness; a partition 55 divides the temperature control channels 54, Para. [0126], the ribs, Para. [0068]) that ranges from about 0.250 inches (6.35 mm) to about 0.750 inches (19.05 mm) (the molding body 5 has a wall thickness of about 1.5 mm to 12 mm in the region of the mold cavity 6, Para. [0124], the ribs have a minimum wall thickness of 3 mm and do not exceed a wall thickness of preferably 8 mm, Para. [0068], where a thickness of 1.5 mm plus 8 mm equals 9.5 mm), and has an article-forming surface thickness (the molding body 5 has a wall thickness of about 1.5 mm to 12 mm in the region of the mold cavity 6, Para. [0124]) that ranges from about 0.075 inches (1.905 mm) to about 0.200 inches (5.08 mm) (about 1.5 mm to 12 mm, Para. [0124], at least 0.059 inches (1.5 mm) and at most 0.472 inches (12 mm) thick, Cl. 22).
As to claim 24, Kűnz et al. (US ‘910) teaches a support carrier (frame 17, Fig. 4) configured to hold (as shown in Fig. 4) or retain at least a portion (as shown in Fig. 4) of the surface insert support (insulating element 16).
As to claim 25, Kűnz et al. (US ‘910) disclose the surface insert (molding body 5, Fig. 4) includes a neck block insert (at neck insert 18, Fig. 4, a neck insert 18, Para. [0122]).
As to claim 26, Kűnz et al. (US ‘910) teach the neck block insert (at neck insert 18, Fig. 4) comprises a first neck block insert (neck insert 18) and a second neck block insert (neck blade 9, Fig. 1, a neck insert 18 which corresponds to the head plate 7 in Fig. 1, Para. [0122], a head plate 7 is provided with cavity 8 for defining a neck section of the plastic container, in the case of a blow molding tool for an extrusion blow-molding machine, a neck blade 9 for separating an extruded plastic parison inserted into the blow molding tool 1 can also be provided on the headplate 7, Para. [0116]).
As to claim 27, Kűnz et al. (US ‘910) disclose a portion of the surface insert (molding body 5, fig. 5) and an adjacent interfacing portion (Fig. 5 showing a portion of insulating element 16 receiving molding body 5; the rear side 53 of the molding body 5 with the temperature control channel 54 is embedded in the insulation block, Para. [0125]) of the surface insert support (insulating element 16), when connected (As shown in Fig. 5) or engaged, form a fluid channel (at temperature control channels 54, Fig. 6, temperature control channels 54 for the throughflow of a heating medium/coolant, for example water, Para. [0125]).
As to claim 28, Kűnz et al. (US ‘910) teach the surface insert (molding body 5, Fig. 6) includes a wing (Fig. 6 showing edges of molding body 5) in which portions adapted to mate (as shown in Fig. 4) with metal (Fig. 4 showing a bottom part 10 of metal; bottom part 10, Para [0122], a bottom part 10 closes the mold cavities 6 at the other end of the below molding tool 1, Para. [0122], a bottom part 10 closes the mold cavities 6 at the other end of the below molding tool 1, Para. [0116], blow molding tools are usually constructed in a plurality of parts and are mostly made of aluminum or steel or even of non-ferrous metal, Para. [0009]) are relatively thicker (Fig. 6 showing thicker end portions of edges of molding body 5) than other portions of the wing (Fig. 6 showing edges of molding body 5).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim(s) 20-22, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Kűnz et al. (US 2022/0152910).
As to claim 20, Kűnz et al. (US ‘910) disclose a ratio (as shown in Fig. 5) of an insert volume (Fig. 5 showing a volume of molding body 5) for a whole part (entire molding body 5) to an insert molding surface area (Fig. 5 showing a surface area of mold cavity 6) for a portion (at mold cavity 6) of the whole part (entire molding body 5) formed by the surface insert (molding body 5).
Kűnz et al. (US ‘910) fails to explicitly disclose wherein the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 1.0, as claimed in claim 20.
It would have been obvious to one of ordinary skill in the art before the priority date to have the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert be a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 1.0, since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation for doing so would have been to have the volume of the surface insert be made out of less material and thereby ensure that the surface insert retains less heat during cooling.
As to claim 21, Kűnz et al. (US ‘910) teach a ratio (as shown in Fig. 5) of an insert volume (Fig. 5 showing a volume of molding body 5) for a whole part (entire molding body 5) to an insert molding surface area (Fig. 5 showing a surface area of mold cavity 6) for a portion ( at mold cavity 6) of the whole part (entire molding body 5) formed by the surface insert (molding body 5).
Kűnz et al. (US ‘910) fails to explicitly disclose wherein the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 0.75.
It would have been obvious to one of ordinary skill in the art before the priority date to have the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert be a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 0.75, since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation for doing so would have been to have the volume of the surface insert be made out of less material and thereby ensure that the surface insert retains less heat during cooling.
As to claim 22, Kűnz et al. (US ‘910) disclose a ratio (as shown in Fig. 5) of an insert volume (Fig. 5 showing a volume of molding body 5) for a whole part (entire molding body 5) to an insert molding surface area (Fig. 5 showing s surface area of mold cavity 6) for a portion (at mold cavity 6) of the whole part (entire molding body 5) formed by the surface insert (molding body 5).
Kűnz et al. (US ‘910) fails to explicitly disclose wherein the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 0.382.
It would have been obvious to one of ordinary skill in the art before the priority date to have the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert be a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 0.382, since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation for doing so would have been to have the volume of the surface insert be made out of less material and thereby ensure that the surface insert retains less heat during cooling.
As to claim 29, Kűnz et al. (US ‘910) discloses a mold assembly for molding articles (Fig. 5, 6; Para. [0125] regarding a blow molding tool), comprising: a surface insert (molding body 5, Fig. 5) configured to form at least a portion of a molded article (plastic container, Para. [0127]), the surface insert (molding body 5) having an overall surface insert thickness (the molding body 5 has a wall thickness of about 1.5 mm to 12 mm, Para. [0124], at least 0.059 inches (1.5 mm) and at most 0.472 inches (12 mm) thick, Cl. 22); and a surface insert support (insulating element 16), the surface insert support (insulating element 16) configured to support at least a portion (as shown in Fig. 5) of the surface insert (molding body 5); wherein at least a portion (at temperature control channels 54, Fig. 6) of the surface insert (molding body 5) and/or at least a portion of the surface insert support are formed by additive manufacturing (the rear side 53 of the molding body 5 is provided with temperature control channels 54 … the temperature control channels 54 can be produced … by alternative manufacturing methods, for example … metal printing, Para. [0125]); the surface insert includes one or more internal fluid channels defining a fluid path enclosing within the surface insert; and a ratio (as shown in Fig. 5) of an insert volume (Fig. 5 showing a volume of molding body 5) of the surface insert for a whole part (entire molding body 5) to an insert molding surface area corresponding to a portion of the molded article (Fig. 5 showing a surface area of mold cavity (6) for a portion (at mold cavity 6) of the whole part (entire molding body 5) formed by the surface insert (molding body 5).
Kűnz et al. (US ‘910) discloses the surface insert (insulating element 16, ¶ [0118]) includes one or more internal fluid channels (separate temperature control channels 54 formed by partitions 55, ¶ [0117], ¶ [0126], and Fig. 6) defining a fluid path enclosed within the surface insert (insulating element 16, ¶ [0118]).
Kűnz et al. (US ‘910) fails to explicitly disclose wherein the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 1.0.
It would have been obvious to one of ordinary skill in the art before the priority date to have the ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert be a ratio of an insert volume for a whole part to an insert molding surface area for a portion of the whole part formed by the surface insert is less than 1.0, since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation for doing so would have been to have the volume of the surface insert be made out of less material and thereby ensure that the surface insert retains less heat during cooling.
Regarding claim 30, Kűnz et al. (US ‘910) disclose a mold assembly for molding articles (Figs. 1, 4-6; para. [0125] regarding a blow molding tool), comprising: a surface insert (molding body 5, Fig. 5) configured to form a least a portion of a molded article (plastic container, para. [0127]), the surface insert (molding body 5) having an overall surface insert thickness (the molding body 5 has a wall thickness of about 1.5 mm to 12 mm in the region of the mold cavity 6, Para. [0124]) within a range of about 0.250 inches to about 1.500 inches (about 1.5 mm to 12 mm, Para. [0124], at least 0.059 inches (1.5 mm) and at most 0.472 inches (12 mm) thick, Cl. 22); and a surface insert support (insulating element 16), the surface insert support (insulating element 16) configured to support at least a portion (as shown in Fig. 5) of the surface insert (molding body 5); wherein at least a portion (at temperature control channels 54, Fig. 6) of the surface insert (molding body 5) and/or at least a portion of the surface insert support are formed by additive manufacturing (the rear side 53 of the molding body 5 is provided with temperature control channels 54 … the temperature control channels 54 can be produced … by alternative manufacturing methods, for example … metal printing, Para. [0125]).
Further, Kűnz et al. (US ‘910) discloses the surface insert (insulating element 16, ¶ [0118]) includes one or more internal fluid channels (separate temperature control channels 54 formed by partitions 55, ¶ [0117], ¶ [0126], and Fig. 6) defining a fluid path enclosed within the surface insert (insulating element 16, ¶ [0118]).
Moreover, Kűnz et al. (US ‘910) teach a surface insert support (insulating element 16), the surface insert support (insulating element 16) configured to support at least a portion of the surface insert;
Wherein the surface insert (insulating element 16) defines (i) an insert volume corresponding to a whole of the surface insert and (ii) an insert molding surface area corresponding to a portion of the molded article formed by the surface insert, however, is silent on disclosing a ratio of the insert volume to the insert molding surface area is less than 1, as claimed in claim 30.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify an insert volume and an insert molding surface area of the surface insert, as taught by Kűnz et al. (US ‘910), so a ratio of the insert volume to the insert molding surface are to be less than 1 since where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation for doing so would have been to have the volume of the surface insert be made out of less material and thereby ensure that the surface insert retains less heat during cooling.
Claim(s) 5, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kűnz et al. (US 2022/0152910) in view of Li et al. (CN 108312432).
Kűnz et al. (US ‘910) anticipate all the claimed subject matter of claim 1. However, Kűnz et al. (US ‘910) fail to explicitly disclose the surface insert is comprised of material that is sintered, fused, or combined with metal powder, as claimed in claim 5.
In the analogous art, Li et al. (CN ‘432) is in the art of a modular rapid plastic mold (Para. [0020]) and teaches wherein a surface insert (front mold care insert 7, Fig. 1) is comprised of material that is sintered (selective laser sintering technique (SLS), Para. [0040]) metal powder (metal powder (metal-based resin composite material comprises … copper … powder, Para. [0041]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify the surface insert of Li et al. (CN ‘432) to include wherein the surface insert is comprised of material that is sintered metal powder as taught by Li et al. (CN ‘432) for the purpose of providing a common 3D printing technique and thereby ensure that the 3D printing can be done at a fast rate (Li et al. (CN ‘432), Para. [0040]).
Further, Kűnz et al. (US ‘910) fail to explicitly disclose wherein the surface insert and the surface insert support are comprised of a same material, as claimed in claim 15.
In the analogous art, Li et al. (CN ‘432) is in the art of a modular rapid plastic mold (Para. [0020]) and teaches wherein a surface insert (front mold core insert 7, Fig. 1) and a surface insert support (front middle frame mold base 3) are comprised of (small insert is an integrally formed structure manufactured by 3D printing, Para. [0011], middle frame mold base is manufactured by 3D printing, Para. [0016]) a same material (metal-based resin composite material comprises … copper … powder, Para. [0041]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify the surface insert and the surface insert support of Kűnz et al. (US ‘910) to include the surface insert and the surface insert support are comprised of a same material as taught by Li et al. (CN ‘432) for the purpose of providing a powder for forming mold components and thereby ensure that the components can be formed by 3D printing (Li et al. CN ‘432, Para [0041]).
Moreover, Kűnz et al. (US ‘910) fail to explicitly disclose the surface insert support is comprised of a metal, as claimed in claim 16.
In the analogous art, Li et al. (CN ‘432) is in the art of a modular rapid plastic mold (Para. [0020]) and teaches wherein a surface insert support (front middle frame mold base 3, Fig. 1) is comprised of a metal (metal-based resin composite material, Li et al. CN ‘432, Para. [0041]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify the surface insert support of Kűnz et al. (US ‘910) to include wherein the surface insert support is comprised of a metal as taught by Li et al. (CN ‘432) for the purpose of providing a powder for forming mold components and thereby ensure that the components can be formed by 3D printing (Li et al. CN ‘432, Para. [0041]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kűnz et al. (US 2022/0152910) in view of Crain et al. (US 2007/0286918)
Kűnz et al. (US ‘910) anticipate one or more heating channels (temperature control channels 5, Fig. 6, a heating medium/coolant, Para. [0125]). However, Kűnz et al. (US ‘910) fail to explicitly disclose further including one or more of heating rods, coils, and wires, as claimed in claim 11.
In the analogous art, Crain is in the art of a modular mold (Para. [0002]) and teaches further including one or more of heating rods (most commonly is applied through electrical resistance heating (e.g., embedded heating rods), Para. [0052]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify the mold assembly of Kűnz et al. (US ‘910) to include further including one or more of heating rods as taught by Crain for the purpose of providing a commonly applied heating for mold operations and thereby ensure that heat is applied directly within the mold (Crain, Para. [0052]).
Response to Arguments
Applicant's arguments, filed on 03/13/2026, have been fully considered but they are not persuasive.
Regarding rejections of claims under 35 U.S.C. 102, applicant argues “Kűnz does not disclose or suggest that the surface insert includes one or more internal fluid channels defining a fluid path enclosed within the surface insert” (page 7, section III).
This is not found persuasive because as it was discussed above in the body of the rejection for claims 1, 29 and 30, Kűnz et al. (US ‘910) discloses the surface insert (insulating element 16, ¶ [0118]) includes one or more internal fluid channels (separate temperature control channels 54 formed by partitions 55, ¶ [0117], ¶ [0126], and Fig. 6) defining a fluid path enclosed within the surface insert (insulating element 16, ¶ [0118]).
Applicant’s arguments regarding prior art rejections of claims 20-22 and 29 under 35 U.S.C. 103 over Kűnz et al. (US ‘910) (see remarks: page 8, section IV) was fully considered but was not found persuasive. It must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Further, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Finally, after a full review of the submitted remarks in view of prior art rejections, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references between the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754
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