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 .
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 1-14 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.
Claim 1 claims “the actuator includes a structure” however applicant has claimed both “an actuator partially fixed to the base plate” and “a plurality of actuators…connected to the cam block”. As such it is unclear which actuator is “the actuator”. It is also unclear if the “a plurality of actuators” include the prior “an actuator”. Based on the disclosure there are only two actuators that meet the claim limitation and one of them is the “an actuator”.
For claim 9, the phrase “the molding portion is disposed on both sides based on the seating portion” is indefinite as it is unclear what sides applicant is referring to.
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) 1
is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 6,755,070 to Jung (Jung) in view of EP 3,771,502 to Piccini et al (Piccini).
Concerning claim 1, Jung discloses a variable die comprising:
an upper die portion (1) and a lower die portion (3), wherein the upper die portion (1) includes an upper cam (11), the lower die portion (3) includes a lower body;
a seating portion (19) connected to the lower body and on which a to-be-molded object is seated; and
a molding portion (at 15) connected to the lower body, disposed on one side of the seating portion (19), including a lower cam (13) corresponding to the upper cam (11), and moving linearly in a first direction toward the seating portion (19) by the upper cam (11) and the lower cam (13),
wherein the molding portion includes:
the lower cam (13);
a base plate (25) connected to the lower cam (13) and configured to be movable in the first direction;
an actuator (40) partially fixed to the base plate (25); and
a cam block (part of 25 attached to 15) connected to the actuator (40), and
the actuator (40) includes a structure extendable in the first direction.
However, Jung does not explicitly disclose a plurality of actuators spaced apart in a second direction, different from the first direction, are connected to the cam block.
Piccini discloses a variable die comprising: a plurality of actuators (14) in figure 4. As such, it would have been obvious to the skilled artisan at the time of the invention to construct the apparatus of Jung having a plurality of actuators spaced apart in a second direction, different from the first direction, are connected to the cam block as this is merely duplication of parts (to account for a large sized die and having multiple actuators prevents movement issues which is well known in the art). Mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). As seen in Piccini, there is no new and unexpected result.
Allowable Subject Matter
Claims 2-8 and 11-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose these claim limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Katcoff whose telephone number is (571)270-1415. The examiner can normally be reached M-Th: 8-4, Fri: Flex.
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/Matthew Katcoff/ Primary Examiner, Art Unit 3725
03/05/2026