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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-16 and 22-24 in the reply filed on 10/01/2025 is acknowledged. The traversal is on the ground(s) that there is no serious search burden because the inventions share similar subclasses. This is not found persuasive because MPEP 808.02 states that serious search burden is shown when the examiner demonstrates separate classification OR a different field of search. As set forth in the restriction requirement of 09/16/2025, “The inventions represent different statutory categories of invention, are classified separately, and would require different searches”. Applicant argues that B29C33/20 is similar to B29C70/56. However, B29C33/20 and B29C70/56 constitute separate classifications and would require separate fields of search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 17-21 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/01/2025.
Response to Amendment
Applicant amendment filed 10/01/2025 has been entered and is currently under consideration. Claims 1-24 remain pending in the application.
Claim Rejections - 35 USC § 103
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 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) 1-2, 5-11, 13-16, 22, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saini et al. (US2021/0107238of record) hereinafter Saini in view of Globerman et al. (US2022/0048240) hereinafter Globerman.
Regarding claim 1, Saini teaches:
A method of punch forming a composite charge comprising:
placing a forming tool in contact with a composite charge (Fig 5, Fig 10; flexible plate 62; [0051, 0054, 0056]);
activating a plurality of actuators connected to the forming tool to drive the forming tool (Fig 5; [0051, 0056]);
driving the plurality of actuators to generate a variable cross-section in the composite charge (Fig 5, 13; [0051, 0056]); and
stopping the plurality of actuators (Fig 5; [0051, 0056]).
Saini does not teach simultaneously activating a plurality of actuators connected to the forming tool to drive the forming tool towards the composite charge; and
simultaneously stopping the plurality of actuators.
In the same field of endeavor regarding forming of thermoplastics, Globerman teaches
simultaneously activating a plurality of actuators connected to a forming tool to drive the forming tool towards a charge (Fig 7a-e; actuation arm 614b, receiving members 612; [0028, 0070, 0148-0184]); and
simultaneously stopping the plurality of actuators ([0028, 00163]) for the motivation of enable shaping of the elongated elements containing thermoplastic polymers while preventing distortion of the shape of the cross-sectional profile in the shaping region ([0070]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the activating of the actuators as taught by Saini to simultaneously activate and stop the actuators to drive the forming tool towards the charge in order to prevent distortion of the shape of the cross-sectional profile in the shaping region.
Saini in view of Globerman does not explicitly recite driving the plurality of actuators at a plurality of rates.
However, using the simultaneous driving of the actuators as taught by Globerman to form the contour as taught by Fig 5 of Saini would cause the actuators to be driven at different individual rates depending on the final position of the actuators.
Regarding claim 2, Saini in view of Globerman teaches the method of claim 1.
Saini further teaches wherein driving the plurality of actuators at the plurality of rates comprises driving an actuator at a first end of the forming tool at a different rate than an actuator at a second end of the forming tool (Fig 5: leftmost actuator must be driven at a different rate than the second to rightmost actuator; see discussion of rates in rejection of claim 1).
Regarding claim 5, Saini in view of Globerman teaches the method of claim 1.
Saini further teaches wherein placing the forming tool in contact with the composite charge comprises placing the forming tool in contact with an entire length of the composite charge (Fig 5; [0051, 0056]).
Regarding claim 6, Saini in view of Globerman teaches the method of claim 1.
Saini further teaches applying a clamping force to compress a portion of the composite charge against the forming tool prior to driving the plurality of actuators (Fig 10; [0055-0056]).
Regarding claim 7, Saini in view of Globerman teaches the method of claim 1.
Saini further teaches at least partially restraining portions of the composite charge to maintain tension in the composite charge while driving the plurality of actuators (Fig 10; [0055-0056]).
Regarding claim 8, Saini in view of Globerman teaches the method of claim 1.
Saini further teaches wherein driving the plurality of actuators at a plurality of rates to generate the variable cross-section in the composite charge comprises rotating the forming tool about a rotational axis parallel to a width of the composite charge (Fig 5).
Regarding claim 9, Saini in view of Globerman teaches the method of claim 1.
Saini further teaches wherein the plurality of actuators is distributed along a longitudinal axis of the forming tool and driving the plurality of actuators (Fig 5; [0051, 0056]).
Globerman further teaches simultaneous driving of the plurality of actuators from an initial position to a predetermined stroke length ([0148-0184]).
It would be apparent to one of ordinary skill that Saini in view of Globerman teaches wherein driving the plurality of actuators at a plurality of rates to generate the variable cross-section in the composite charge comprises driving the plurality of actuators a plurality of stroke lengths along the longitudinal axis to generate the variable cross-section in the composite charge.
Regarding claim 10, Saini teaches:
A method of punch forming a composite charge comprising:
placing a forming tool in contact with a composite charge (Fig 5, Fig 10; flexible plate 62; [0051, 0054, 0056]);
activating a plurality of actuators connected to the forming tool to drive the forming tool (Fig 5; [0051, 0056]);
driving the plurality of actuators to generate a variable cross-section in the composite charge (Fig 5, 13; [0051, 0056]); and
stopping the plurality of actuators (Fig 5; [0051, 0056]).
Saini does not teach simultaneously activating a plurality of actuators connected to the forming tool to drive the forming tool towards the composite charge; and
simultaneously stopping the plurality of actuators.
In the same field of endeavor regarding forming of thermoplastics, Globerman teaches
simultaneously activating a plurality of actuators connected to a forming tool to drive the forming tool towards a charge (Fig 7a-e; actuation arm 614b, receiving members 612; [0028, 0070, 0148-0184]); and
simultaneously stopping the plurality of actuators ([0028, 00163]) for the motivation of enable shaping of the elongated elements containing thermoplastic polymers while preventing distortion of the shape of the cross-sectional profile in the shaping region ([0070]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the activating of the actuators as taught by Saini to simultaneously activate and stop the actuators to drive the forming tool towards the charge in order to prevent distortion of the shape of the cross-sectional profile in the shaping region.
Saini in view of Globerman does not explicitly recite driving the plurality of actuators at a plurality of stroke lengths.
However, using the simultaneous driving of the actuators from the same initial positions as taught by Globerman to form the contour as taught by Fig 5 of Saini would cause the actuators to be driven at different stroke lengths depending on the final position of the actuators.
Regarding claim 11, Saini in view of Globerman teaches the method of claim 10.
Saini further teaches wherein driving the plurality of actuators at the plurality of stroke length comprises driving an actuator at a first end of the forming tool at a different stroke length than an actuator at a second end of the forming tool (Fig 5: leftmost actuator must be driven at a different stroke length than the second to rightmost actuator; see discussion of stroke length in rejection of claim 1).
Regarding claim 13, Saini in view of Globerman teaches the method of claim 10.
Saini further teaches applying a clamping force to compress a portion of the composite charge against the forming tool prior to driving the plurality of actuators (Fig 10; [0055-0056]).
Regarding claim 14, Saini in view of Globerman teaches the method of claim 10.
Saini further teaches at least partially restraining portions of the composite charge to maintain tension in the composite charge while driving the plurality of actuators (Fig 10; [0055-0056]).
Regarding claim 15, Saini in view of Globerman teaches the method of claim 10.
Saini further teaches wherein driving the plurality of actuators the plurality of stroke lengths to generate the variable cross-section in the composite charge comprises rotating the forming tool about a rotational axis parallel to a width of the composite charge (Fig 5).
Regarding claim 16, Saini in view of Globerman teaches the method of claim 10.
Saini further teaches wherein the plurality of actuators is distributed along a longitudinal axis of the forming tool and driving the plurality of actuators (Fig 5; [0051, 0056]).
Globerman further teaches simultaneous driving of the plurality of actuators from an initial position to a predetermined stroke length ([0148-0184]) and the rates would be dependent on the stroke length since the actuators are driven simultaneously.
It would be apparent to one of ordinary skill that Saini in view of Globerman teaches wherein driving the plurality of actuators the plurality of stroke lengths to generate the variable cross-section in the composite charge comprises driving the plurality of actuators at a plurality of rates along the longitudinal axis to generate the variable cross-section in the composite charge.
Regarding claim 22, Saini teaches:
A method of punch forming a composite charge comprising:
placing a composite charge onto a charge support (Fig 5, Fig 10; flexible plate 62; [0051, 0054, 0056]);
(Fig 5, Fig 10; flexible plate 62; [0051, 0054, 0056])
driving a forming tool against the composite charge using a plurality of actuators to generate a variable cross-section in the composite charge (Fig 5, 10, 13; flexible plate 60 [0051, 0055-0056]); and
stopping the plurality of actuators (Fig 5; [0051, 0056]).
Saini does not teach simultaneously stopping the plurality of actuators.
In the same field of endeavor regarding forming of thermoplastics, Globerman teaches
simultaneously activating a plurality of actuators connected to a forming tool to drive the forming tool (Fig 7a-e; actuation arm 614b, receiving members 612; [0028, 0070, 0148-0184]); and
simultaneously stopping the plurality of actuators ([0028, 00163]) for the motivation of enable shaping of the elongated elements containing thermoplastic polymers while preventing distortion of the shape of the cross-sectional profile in the shaping region ([0070]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the activating of the actuators as taught by Saini to simultaneously activate and stop the actuators to drive the forming tool in order to prevent distortion of the shape of the cross-sectional profile in the shaping region.
Saini in view of Globerman does not explicitly recite driving a forming tool using a plurality of actuators at a plurality of rates.
However, using the simultaneous driving of the actuators as taught by Globerman to form the contour as taught by Fig 5 of Saini would cause the actuators to be driven at different individual rates depending on the final position of the actuators.
Saini teaches placing the placing a composite charge onto a charge support (Fig 5, Fig 10; flexible plate 62; [0051, 0054, 0056])
Globerman teaches activating the actuators from the same initial position towards a charge (Fig 7a).
Therefore one of ordinary skill in the art would understand that Saini in view of Globerman teaches driving a forming tool against the composite charge towards the charge support.
Regarding claim 24, Saini in view of Globerman teaches the method of claim 22.
Saini further teaches wherein driving the plurality of actuators at the plurality of rates comprises driving an actuator at a first end of the forming tool at a different rate than an actuator at a second end of the forming tool (Fig 5: leftmost actuator must be driven at a different rate than the second to rightmost actuator; see discussion of rates in rejection of claim 1).
Claim(s) 3-4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saini in view of Globerman as applied to claims 1 and 10 above, and further in view of Anderson et al. (US2013/0105072) hereinafter Anderson.
Regarding claim 3, Saini in view of Globerman teaches the method of claim 1.
Saini in view of Globerman does not teach wherein driving the plurality of actuators at the plurality of rates to generate the variable cross-section in the composite charge comprises forming the composite charge into a shape having a first height at a first end and a second height at a second end, wherein the second height is different than the first height.
In the same field of endeavor regarding forming of composites, Anderson teaches forming a composite charge into a shape having a first height at a first end and a second height at a second end, wherein the second height is different than the first height for the motivation of forming a composite filler having variable cross section (Fig 27; [0006, 0042]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the method as taught by Saini in view of Globerman to produce the filler as taught by Anderson in order to form a composite filler having variable cross section.
Regarding claim 4, Saini in view of Globerman teaches the method of claim 1.
Saini in view of Globerman does not teach wherein driving the plurality of actuators at the plurality of rates to generate the variable cross-section in the composite charge comprises forming the composite charge into a shape having a first width at a first end and a second width at a second end, wherein the second width is different than the first width.
In the same field of endeavor regarding forming of composites, Anderson teaches forming a composite charge into a shape having a first width at a first end and a second width at a second end, wherein the second width is different than the first width for the motivation of forming a composite filler having variable cross section (Fig 27; [0006, 0042]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the method as taught by Saini in view of Globerman to produce the filler as taught by Anderson in order to form a composite filler having variable cross section.
Regarding claim 12, Saini in view of Globerman teaches the method of claim 10.
Saini in view of Globerman does not teach wherein driving the plurality of actuators the plurality of stroke lengths to generate the variable cross-section in the composite charge comprises forming the composite charge into a shape having a first height at a first end and a second height at a second end, wherein the second height is different than the first height.
In the same field of endeavor regarding forming of composites, Anderson teaches forming a composite charge into a shape having a first height at a first end and a second height at a second end, wherein the second height is different than the first height for the motivation of forming a composite filler having variable cross section (Fig 27; [0006, 0042]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the method as taught by Saini in view of Globerman to produce the filler as taught by Anderson in order to form a composite filler having variable cross section.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saini in view of Globerman as applied to claim 22 above, and further in view of Lee et al. (US7527759 of record) hereinafter Lee.
Regarding claim 23, Saini in view of Globerman teaches the method of claim 22.
Saini in view of Globerman does not teach wherein driving the forming tool against the composite charge towards the charge support increases a gap between a first half of the charge support and a second half of the charge support.
In the same field of endeavor regarding forming of composites, Lee teaches driving a forming tool against a composite charge (Fig 7-8: second die 28, charge 14) towards a charge support (Fig 7-8: first die 26) increases a gap between a first half of the charge support and a second half of the charge support (Fig 7-8: portions 30, 32; col 7, ln 55-64) for the motivation of increasing the pressure exerted on the charge between the two dies (col 7, ln 55-64).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the driving as taught by Saini in view of Globerman with the gap increasing as taught by Lee in order to increase the pressure exerted on the charge between the two dies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER A WANG whose telephone number is (571)272-5361. The examiner can normally be reached M-Th 8 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER A WANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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