Prosecution Insights
Last updated: July 17, 2026
Application No. 18/698,243

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

Non-Final OA §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
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
1048 granted / 1343 resolved
+8.0% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
1388
Total Applications
across all art units

Statute-Specific Performance

§103
88.5%
+48.5% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1343 resolved cases

Office Action

§102 §103
DETAILED ACTION Election/Restrictions Applicant’s election of Group I claims 10-17 in the reply filed on 3-18-2026 is acknowledged. The restriction is made final. 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) 10-13 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schoellhammer et al. (2019/0240941). Regarding claim 10, Schoellhammer discloses a method for shaping a sheet metal component ([0002]) in a press device (10) including a drawing device (20) and a lubrication device (30) which is configured for shaping a provided sheet metal blank workpiece (11) wherein at least one parameter characterizing the sheet metal workpiece (parameters P1-Pm; [0059]) is sensed by a sensing device (48,49) included in the press device (10) when the workpiece (11) is located in the press ([0024], lines 9-12 and [0077], lines 9-11) before a forming operation on the sheet blank (not yet shaped workpiece, 11; [0059], line 8) and transmitting a sensed characterizing parameter signal (B) to an electronic computing device (controller 31; [0024], lines 1-10 and [0077], lines 14-18) of the pressing device (10). The sheet blank (11) is formed into the sheet metal component taking into account the characterizing parameter [0086, lines 1-7]. Examiner notes that “taking into account” in claim 1, line 9 is a broad recitation which does not specify any calculation, processing or press control using the characterizing parameter so the scope of the limitation is not ascertainable, but Schoellhammer discloses that a workpiece surface structure ([0077], lines 18-21), a workpiece dimension measurement ([0030],[0061]) and a workpiece material or coating [0031]) characterizing parameter is used to control the press operation through ram control ([0051]-[0053]), drawing force (F), lubricant quantity [0056] and transfer device control [0057], the press device (10) then shapes the sheet metal component taking into account the characterizing parameter [0088]. Regarding claims 11 and 17, Schoellhammer discloses that a process parameter (A1-An) of the press (10) is adapted based on the characterizing parameter [0087], wherein the controller (31) is configured to adapt the process parameter (A1-An) to the characterizing parameter ([0068], lines 1-3). Regarding claim 12, Schoellhammer discloses that a process parameter is a coating which changes a frictional condition of the workpiece and tooling [0031] and that a lubrication device (30) is used to lubricate a surface of the workpiece, no oiling step is claimed so it not clear what reoiling in the claim would refer to but the lubrication device is configured to apply lubricant to change a sliding friction property of the workpiece ([0048], lines 3-5) in a lubricating (oiling) or reoiling (change of workpiece surface) operation. Regarding claim 13, Schoellhammer discloses that a characterizing parameter is workpiece thickness ([0030], line 7), oiling (coating; [0031], lines 2-3) and material property [0060]. 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) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoellhammer et al. (2019/0240941) in view of Xu et al. (2021/0205870). Schoellhammer does not disclose marking the workpiece. Xu teaches that an automatic marking die (30) is configured to stamp identifying characters on a metal workpiece ([0050]. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to mark the workpieces of Schoellhammer as taught by Xu in order to identify a material of the workpiece or a workpiece dimension prior to forming the workpiece in the press device so that the press control is adjusted based upon the workpiece characteristics provided by the labeling mark. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoellhammer et al. (2019/0240941) in view of Suzuki et al. (8,965,554). Regarding claim 16, Schoellhammer discloses a memory (33) for the characterizing parameter ([0067], lines 4-6) but does not disclose storing a serial number. Suzuki teaches storing workpiece information (col. 6, lines 53-62) through a bar code or IC tag (col. 3, lines 30-34; col. 6, 38-41) on the workpiece wherein the bar code contains a serial number (ID number; col. 4, line 57). It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to mark the workpieces of Schoellhammer as taught by Suzuki with computer identifiable codes in order to identify a material characteristic of the workpiece prior to forming the workpiece in the pressing device. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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 571-270-2477. 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 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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METHOD FOR MANUFACTURING A METAL PACKAGING IN THE FORM OF A BOTTLE
3y 1m to grant Granted Jul 14, 2026
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2y 12m to grant Granted Jul 14, 2026
Patent 12678850
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Patent 12667879
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3y 0m to grant Granted Jun 30, 2026
Patent 12667874
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+16.1%)
2y 9m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1343 resolved cases by this examiner. Grant probability derived from career allowance rate.

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