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 .
Information Disclosure Statement
The information disclosure statement filed February 16, 2024, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It appears that no copies of the foreign references or non-patent literature documents listed in the IDS have been provided with the IDS. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “control unit” in claim 1.
Regarding control unit, the phrase includes a generic placeholder (i.e., “control unit”) modified by functional language (i.e., “control the pressing movement pump”) and is not modified by sufficient structure, material, or acts for performing the claimed function. The corresponding structure is interpreted as the control unit 28 which is described as including at least one processor, at least one memory, and at least one input and/or output unit (Spec., P. 2, Lns. 27-29 and P. 6, Lns. 8-12) and equivalents thereof.
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
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 1-10 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 1, the claim recites “in particular” or “preferably” multiple times (e.g., “at least one press cylinder, in particular a press synchronous cylinder, for a hydraulic press, preferably a powder press” or “a controllable, in particular speed-controllable, pressing movement pump”) which renders the claim indefinite because it is not clear if the features after “in particular” or “preferably” are optional or required. For the purpose of examination, the features after “in particular” or “preferably” will be interpreted as optional, e.g., “a controllable, in particular speed-controllable, pressing movement pump” will be interpreted as a controllable press movement. The claim also recites “rapid” and “slow” movements which renders the claim indefinite because it is not clear what is required for a movement to be rapid or slow, i.e., rapid or slow relative to each other or are there certain speed thresholds to be rapid or slow. For the purpose of examination, these movements will be interpreted as faster or slower relative to the each other, e.g., the slow movement is slower than the rapid movement. Claims 2-10 depend from claim 1 and fail to clarify the indefinite language. It is noted that claims 5-8 and 10 also uses the phrases rapid or slow and will be interpreted in the same manner as those phrases in claim 1.
Regarding claim 3, the claim recites “the conveyance rate of the pressing movement pump is increased continuously, in particular in the form of a ramp” which renders the claim indefinite because it is not clear if the pressing movement is required to be in the form of a ramp or if that is optional. For the purpose of examination, the features after “in particular” will be interpreted as being optional. Further, it is not clear what is required for the rate to be “in the form of a ramp” as ramps may take different shapes. For the purpose of examination, this phrase will be interpreted as the conveyance rate is increased.
Regarding claim 4, the claim recites “in terms of fluid technology” which renders the claim indefinite because it is not clear what “fluid technology” covers, e.g., is the fluid itself part of fluid technology or is the technology only the mechanical components that influence the fluid. For the purpose of examination, this phrase will be interpreted as anything related to fluid, including the fluid itself. Claim 6 depends from claim 4 and fails to clarify the indefinite language.
Regarding claim 5, the claim recites “at least one rapid movement cylinder, in particular rapid movement synchronous cylinder” which renders the claim indefinite because it is unclear if the features after “in particular” are required or optional. For the purpose of examination, this phrase will be interpreted as not requiring the features after “in particular,” i.e., at least one rapid movement cylinder.
Regarding claim 9, it is unclear what is being claimed because the claim begins with “the hydraulic press” but no previous hydraulic press is claimed. Further, the claim recites the press “comprising a hydraulic drive according to claim 1” and then does not recite any other press components, so it is unclear what is actually doing pressing, e.g., a punch, ram, or die. For the purpose of examination, this claim will be interpreted as the hydraulic drive of claim 1.
Regarding claim 10, the claim recites “in particular” or “preferably” multiple times (e.g., “in particular for powder pressing a powder pressed part” or “preferable using a hydraulic drive device according to claim 1” or “a press, in particular a powder press”) which renders the claim indefinite because it is not clear if the features after “in particular” or “preferably” are optional or required. For the purpose of examination, the features after “in particular” or “preferably” will be interpreted as optional, e.g., “a press, in particular a powder press” is interpreted as a press. Further, the claim fails to recite any method steps because the preamble recites a press is being used to perform the method, and then the body of the claim is wherein clauses that describe the state of components rather than method steps, e.g., “wherein a switching valve is open during the rapid movement and is closed during the pressing movement” rather than a method step such as “opening a switching valve during the rapid movement.” For the purpose of examination, this claim will be interpreted as using the device of claim 1 to press a part.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2018 203367 A1 to Bonefeld.
Regarding claim 1, Bonefeld teaches a hydraulic drive device 1 with at least one press cylinder 2, in particular a press synchronous cylinder, for a hydraulic press 10 (Fig. 1; P. 4, Paragraph starting “A first embodiment), preferably a powder press, wherein the hydraulic drive device 1 is configured to guide a cylinder piston 12 of the press cylinder 2 in a rapid movement at increased speed towards a pressed part and to press the pressed part in a pressing movement at low speed (Figs. 1 and 3; P. 5, Paragraphs starting “At the beginning of the approach” and “When switching U remains”; the first part of the pressing motion is a rapid movement towards the object to be pressed, and then the second part of the pressing motion is a slower movement during the pressing),
wherein the drive device comprises a switching valve 142, 144, a controllable, in particular speed-controllable, pressing movement pump 136 for conveying fluid for the pressing movement (Fig. 1; P. 4, Paragraph “The linear drive has a second valve arrangement” and P. 5, Paragraph starting “At the beginning”) and a control unit for controlling the pressing movement pump (P. 3, Paragraphs starting “In order to control” through “Preferably, such a method”), wherein the drive device 1 is configured to perform the rapid movement when the switching valve 142, 144 is open (P. 5, Paragraph starting “At the beginning”) and to perform the pressing movement when the switching valve 142, 144 is closed (P. 5, Paragraph starting “When switching U”),
wherein the control unit is configured to control the pressing movement pump in such a way that a conveyance rate of the pressing movement pump 136 is increased already before the closing of the switching valve 142, 144 (Figs. 1 and 3; P. 5, Paragraphs starting “At the beginning” and “When switching U”; the pump 136 increases the flow to the maximum level before the valve is moved into a blocking position).
Regarding claim 2, Bonefeld teaches the hydraulic drive device according to claim 1 (Fig. 1), wherein the conveyance rate of the pressing movement pump 136 is increased to at least 50 % of a maximum conveyance rate during the pressing movement and/or a conveyance rate present during an initial phase of the pressing movement already before the closing of the switching valve 142, 144 (Fig. 3b; P. 5, Paragraph starting “At the beginning”; the rate is increased to the maximum displacement possible by the pump, i.e., over 50%).
Regarding claim 3, Bonefeld teaches the hydraulic drive device according to claim 1 (Fig. 1), wherein the conveyance rate of the pressing movement pump 136 is increased continuously, in particular in the form of a ramp, already before the closing of the switching valve 142, 144 (Fig. 3b; P. 5, Paragraph starting “At the beginning”; the rate is increased continuously to the maximum displacement possible by the pump, and Fig. 3b shows that this increase is in the shape of a ramp, i.e., an angled increase over time followed by a plateau which is the same shape as some ramps).
Regarding claim 4, Bonefeld teaches the hydraulic drive device according to claim 1 (Fig. 1), wherein the switching valve 142, 144 and the pressing movement pump 136 are connected in parallel to each other in terms of fluid technology (Fig. 1; P. 4, Paragraph starting “The linear drive has a second valve arrangement”; the second valve arrangement 142, 144 and the pump 136 are connected to each other via the connections 131, 133 and flow path 32 to control the fluid).
Regarding claim 5, Bonefled teaches the hydraulic drive device according to claim 1 (Fig. 1), comprising at least one rapid movement cylinder 2, in particular rapid movement synchronous cylinder, for carrying out the rapid movement (Fig. 1; P. 4, Paragraph starting “For separation of the piston chamber”), wherein the fluid can be conveyed into a piston chamber of the rapid movement cylinder 2 by at least one rapid movement pump 136 (Fig. 1; P. 4, Paragraph starting “For separation of the piston chamber” and Paragraph starting “For power gear K”).
Regarding claim 6, Bonefeld teaches the hydraulic drive device according to claim 4 (Fig. 1), wherein rapid movement cylinder 2 and press cylinder 4 can be flowed through by separate fluids (Fig. 1; P. 4, Paragraph starting “For separation of the piston chamber 24”; the cylinders 2, 4 are each coupled to separate pumps and valves, e.g., valves 42 and 44 with pump 36 for cylinder 4 and valves 142 and 144 with pump 136 for cylinder 2, that allow for separate fluid to be provided to each cylinder).
Regarding claim 7, Bonefeld teaches the hydraulic drive device according to claim 1 (Fig. 1), wherein different piston rods 6, 8 are assigned to the rapid movement cylinder 2 and the press cylinder 4 (Fig. 1; P. 4, Paragraph starting “A first embodiment of a hydrostatic linear drive”).
Regarding claim 8, Bonefeld teaches the hydraulic drive device according to claim 1 (Fig. 1), wherein the same piston rod 6 is assigned to the rapid movement cylinder 4 and the press cylinder 4 (Fig. 1; P. 5, Paragraphs starting “At the beginning of the approach” and “When switching U”; the claim language does not preclude the same cylinder from being both the rapid cylinder and the press cylinder, and cylinder 4 is open and receiving fluid in both the rapid traverse and pressing portions of the movement, thus piston rod 6 in cylinder 4 is the rod for both the rapid and press cylinders).
Regarding claim 9, Bonefeld teaches the hydraulic press, preferably powder press, comprising a hydraulic drive device according to claim 1 (Fig. 1; as discussed in the indefiniteness rejection above, this claim is interpreted as the drive device of claim 1).
Regarding claim 10, Bonefeld teaches a method for pressing a pressed part, in particular for powder pressing a powder pressed part, preferably using a hydraulic drive device according to claim 1 (Fig. 1) and/or a press (Fig. 1), in particular a powder press,
wherein a cylinder piston 22 of a press cylinder 4 is guided in a rapid movement at increased speed towards a pressed part and the pressed part is pressed in a pressing movement at low speed (Fig. 1; P. 4, Paragraphs starting “A first embodiment” and P. 5, Paragraphs starting “At the beginning of the approach” and “When switching U”),
wherein a switching valve 142, 144 is open during the rapid movement and is closed during the pressing movement (Fig. 1; P. 5, Paragraphs starting “At the beginning of the approach” and “When switching U”), wherein a conveyance rate of a pressing movement pump 136 is already increased before the closing of the switching valve (Fig. 1; P. 5, Paragraphs starting “At the beginning of the approach” and “When switching U”; the conveyance rate is increased to the maximum level before the switch is moved to a closed position).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2016/0084278 A1 (Fig. 1; Paras. [0037]-[0039]) teaches a drive device including a switching valve and a pump that move a press in a rapid movement or a press movement. US 2016/0084279 (Fig. 1; Paras. [0047]-[0051]) teaches a drive device including a switching valve and a pump that move a press in a rapid movement or a press movement. JP H10 193198 (Fig. 1; Paras. [0033]-[0034]) teaches a drive device including a switching valve and a pump for moving a press in a rapid movement and a pressing movement, and further includes a control unit that controls the pump to continuously increase the conveyance rate as well as increase pumping before the switching valve is closed and the pressing movement is performed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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