Prosecution Insights
Last updated: October 02, 2026
Application No. 18/698,243

Method for Forming a Sheet Metal Component in a Press Apparatus, and Press Apparatus

Final Rejection §102§103
Filed
Apr 03, 2024
Priority
Oct 04, 2021 — DE 10 2021 125 661.5 +1 more
Examiner
TOLAN, EDWARD THOMAS
Art Unit
3725
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
1063 granted / 1363 resolved
+8.0% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
33 currently pending
Career history
1399
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1363 resolved cases

Office Action

§102 §103
DETAILED ACTION Claim Rejections - 35 USC § 102 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) 11 and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takehara et al. (JP 2002-178037). Takehara discloses a method of forming a sheet metal material (W) comprising providing to a press apparatus (3,5) a sheet metal blank (41) comprising blanks (A, B) as a base material which is formed into a bent sheet metal component by press forming in a press brake (5) of the press apparatus (3,5). Takehara discloses sensing at least one characterizing parameter comprising at least a thickness measurement [0066] and a springback measurement [0068] with a measurement unit (43) comprising a sensor plate (49) and position sensor (59) configured to test a sample part (samples A,B) of the workpiece (W) for the at least thickness characterizing parameter ([0051], lines 5-7) before a forming process for the sheet metal component takes place in the press brake (5), wherein the characterizing parameter data ([0062], lines 5-7 and [0070], lines 4-7) is incorporated into a control algorithm of the press brake (5) as an adapted process parameter comprising at least a ram control value ([0064], line 2) in the electronic computer device (CPU, 81) of a control device (9) of the press brake. Regarding claim 13, the characterizing parameter is a thickness ([0051], lines 5-7). Regarding claim 14, Takehara discloses labeling of the sheet metal component [0071] by a labeling device comprising an inkjet printer or a label printer. Regarding claim 15, the labeling device is a laser processing machine or a punch-laser combination machine ([0044], lines 6-8). Regarding claim 16, the electronic computing device (CPU, 81) [0062] stores the characterizing parameter in a memory (87) and a serial number (barcode or QR code, [0071], lines 2-3) is stored ([0072], lines 1-3) and read. Regarding claim 17, the electronic computing device (CPU, 81) adapts a process parameter (ram control value, [0064], line 2) of the forming process in the press brake (5) to the at least one characterizing parameter ([0064], lines 1-5). Claim(s) 11-13 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thoms et al. (5,450,347). Thoms discloses a method for forming a sheet-metal component (12) in a press apparatus (1), comprising providing to the press apparatus a sheet-metal blank (11) as a base material for the sheet-metal component (12); sensing at least one characterizing parameter comprising (thickness; col. 8, lines 40-42) and reoiling (lubrication; col. 9, lines 18-20) of the sheet-metal blank (11) by a sensing device (14,15,16,17) of the press apparatus (1) before a forming process (calculation in advance, col. 9, lines 21-23) for the sheet-metal component takes place, transmitting (24,25,26,27) the at least one characterizing parameter (thickness and lubrication reoiling) to an electronic computing device (29) of the press apparatus; adapting at least one process parameter (drawing force and blank holding force; col. 9, lines 23-25) of the forming process based on the at least one characterizing parameter (thickness and reoiling lubrication); and forming the sheet-metal component (12) from the sheet-metal blank (11) via the forming process according to the adapted at least one process parameter (col. 9, lines 35-45). Regarding claim 12, no oiling step is claimed and reoiling is read as the lubrication thickness and viscosity present on the sheet blank (11) and sensed by the sensors (17,18) of Thoms before pressing, wherein the lubrication thickness on the sheet blank is a characterizing parameter which is supplied by the data processor (27,28) to the electronic computing device (29) that adapts (col. 9, lines 8-12) the drawing force and blank holding force according to the reoiling lubrication. Regarding claims 13 and 17, Thoms discloses that a sheet blank thickness (col. 8, lines 40-42) is a characterizing parameter and the electronic computer device (29) adapts a process parameter (drawing force and blank holding force; col. 9, lines 23-25) to the characterizing parameter. 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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takehara et al. (JP 2002-178037) in view of Thoms et al. (5,450,347). Takehara discloses a plurality of process parameters ([0062], lines 4-5) in a processing program for the workpiece blank (W) but does not disclose that the process parameter is a reoiling. Thoms teaches reoiling lubrication (col. 9, lines 4-17) as a characterizing parameter that is sensed by sensos (17,18). The lubrication thickness and viscosity are a reoiling present on a sheet blank (11) and sensed by the sensors (17,18) of Thoms before pressing, wherein the lubrication thickness on the sheet blank is a characterizing parameter which is supplied by the data processor (27,28) to the electronic computing device (29) that adapts (col. 9, lines 8-12) the drawing force and blank holding force according to the reoiling lubrication. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to sense a lubrication thickness present on the workpiece of Takehara as taught by Thoms as a characterizing parameter that is adapted during the processing of the sheet metal workpiece during forming. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Templeton can be reached at 571-270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EDWARD T TOLAN/Primary Examiner, Art Unit 3725
Read full office action

Prosecution Timeline

Apr 03, 2024
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §102, §103
Jul 15, 2026
Response Filed
Sep 22, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12746590
METHOD OF BENDING AND BENDING MACHINE FOR THE EXECUTION OF A METHOD OF BENDING
2y 9m to grant Granted Sep 29, 2026
Patent 12714433
EMBOLIC DEVICES AND METHODS OF MANUFACTURING SAME
2y 10m to grant Granted Aug 25, 2026
Patent 12691483
COLD ROLLING MILL ROLLING CONDITION CALCULATION METHOD, COLD ROLLING MILL ROLLING CONDITION CALCULATION DEVICE, COLD ROLLING METHOD, COLD ROLLING MILL, AND STEEL SHEET MANUFACTURING METHOD
2y 12m to grant Granted Jul 28, 2026
Patent 12686041
DEVICE AND METHOD FOR PRODUCING ROLL-FORMED PART
2y 11m to grant Granted Jul 21, 2026
Patent 12678852
METHOD FOR MANUFACTURING A METAL PACKAGING IN THE FORM OF A BOTTLE
3y 1m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+16.0%)
2y 9m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1363 resolved cases by this examiner. Grant probability derived from career allowance rate.

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