DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I claims 17-23 in the reply filed on 7-21-2026 is acknowledged. The restriction is made final.
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 17-23 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 17, line 6 sets forth “a sheet metal component”, is this the same component set forth in line 1 or a different component?
Claim 17, line 13, the language “can be moved essentially horizontally” is indefinite because “essentially” means that the slide is movable in directions other than horizontally and is a direct translation from a foreign document which is an idiomatic error.
Claim 18, line 2, the language “its opening” is not clear, the preform is not set forth as having an opening in claim 17 so it is not clear what “its” is referring to since upward and downward directions have not been established.
Claim 20, line 2 sets forth “an excess sheet metal material”, is it the same excess sheet material set forth in claim 17, lines 4-5 or a different excess sheet metal material?
Claim 20 recites the limitation "the precurved bottom region" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the region" in lines 5 and 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the slider shoulder" in lines 7 and 8. There is insufficient antecedent basis for this limitation in the claim. A slide shoulder is set forth in claim 1, lines 12 and 13. It is not clear if slide shoulder and slider shoulder are the same thing.
Claim 21 recites the limitation "the slider shoulder" in line 5. There is insufficient antecedent basis for this limitation in the claim. A slide shoulder is set forth in claim 1, lines 12 and 13. It is not clear if slide shoulder and slider shoulder are the same thing.
Claim 22 recites the limitation "the partial region of the base" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the region" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the slider shoulder" in lines 8 and 9. There is insufficient antecedent basis for this limitation in the claim. A slide shoulder is set forth in claim 1, lines 12 and 13. It is not clear if slide shoulder and slider shoulder are the same thing.
Claim 23 recites the limitation "the slider" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the bottom dead center" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 17 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flehmig et al. (WO 2018/060360). Flehmig discloses a method of manufacturing a sheet metal component (20”, Fig. 4j) comprising preforming of a metal sheet (20, [0026]) to form a sheet preform (20’, Fig. 4e) in a preforming tool (30), the sheet preform having at least one flangeless section (sidewall frame area, 24) in its longitudinal extent and excess sheet material ([0085], line 3) at least in some regions (sidewall frame area, 24 and bottom area, 22) and final forming of the sheet metal preform (Fig. 3b) into the sheet metal component (20”) in a calibrating tool (40) comprising at least one calibrating punch (42) and at least one calibrating die (46), in which the excess sheet material (sidewall frame area, 24 and bottom area, 22) in the sheet metal preform (20’) is compressed by relative movement between the calibrating punch and the calibrating die (Figs. 4f and 4g); wherein during the final forming process, an edge (top edge of preform 20’; Fig. 4h) of the sheet metal preform present at least in the flangeless section (sidewall frame area, 24) comes into contact with a slide shoulder (where radial inward arrows are pointing; Fig. 4h) provided on a slide (44a,44b) which can be moved essentially horizontally ([0088], lines 7-8; [0094], lines 9-10), is supported thereon and is subjected to pressure ([0089], lines 4-5) wherein the sidewall frame area (24) is compressed. The claim language is “can be moved essentially horizontally” which does not require that the slide actually is movable horizontally, but Flehmig discloses that the slide (44a,44b) is moved horizontally (horizontal arrows, Fig. 3b).
Regarding claim 19, the slide (44a,44b) is moved inwardly a distance more than 0 and at least equal to the sheet metal thickness wherein Flehmig discloses a calibration gap ([0094], lines 10-11).
Regarding claim 20, the bottom (22) of the sheet metal preform (20’) is curved (transition area 26, Fig. 3b; [0031], lines 7-8).
Regarding claim 21, the bottom of the sheet metal preform (20’) has embossments ([0027], line 3; [0043], line 3; [0086]).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shikano et al. (7,650,773). Shikano discloses a method of manufacturing a sheet metal component (100, Fig. 7) comprising preforming of a metal sheet (Wa; col. 4, lines 29-30) to form a sheet preform (Wb; col. 4, lines 34-35) in a preforming tool (10), the sheet preform having at least one flangeless section (planar side portions; b,c; col. 4, lines 32-34) in its longitudinal extent and excess sheet material (enough material to be subsequently formed; col. 6, lines 63-65; Figs. 4 and 5) at least in some regions (planar side portions; b,c). Shikano discloses a final forming step of forming the sheet metal preform (Wb) into the sheet metal component (100) in a calibrating tool (50; col. 4, lines 37-40) comprising at least one calibrating die (70,71) and at least one calibrating punch (54), in which the excess sheet material (material in planar side portions; b,c) in the sheet metal preform (Wb) is compressed by relative movement between the calibrating punch and the calibrating die (Figs. 3 and 4); wherein during the final forming process, an edge (free ends; col 8, lines 12 and 65-67) of the sheet metal preform (Wb, Fig. 5) present at least in the flangeless section (planar side portions; b,c) comes into contact with a slide shoulder (61B,62B; Fig. 5) provided on a slide (61,62) which can be moved essentially horizontally (col. 9, lines 26-31), is supported thereon and is subjected to pressure from cylinders (57,58) wherein the planar side portions (b,c) are compressed against the calibrating punch (54). The claim language is “can be moved essentially horizontally” which does not require that the slide actually is movable horizontally, but Shikano discloses that the slide (61,62) is moved horizontally (horizontal arrows, Fig. 5).
Regarding claim 18, an opening (between; b,c) in the sheet metal preform (Wb) points downward (Fig. 3).
Regarding claim 19, Shikano discloses that the slide (61,62) is movable from a position spaced from the material thickness (0.1mm; col. 4, line 18) and during the movement from Fig. 4 to Fig. 5 the slide is movable horizontally from a distance greater than 0.1mm until it makes contact with the material thickness.
Regarding claim 20, the sheet metal preform (Wb) has a curved bottom (c) that is produced during the preforming step (col. 4, lines 31-32) and the curved bottom is positioned on the calibrating punch (54; Fig. 3) above the slide shoulder (61B,62B) during the calibrating step.
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) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shikano et al. (7,650,773). Shikano discloses that the slide (61A,61B) is controlled by hydraulic cylinders which are configured to move the slide from a position which is spaced from the preform (Wb) to a position contacting the preform (Fig. 5) after the die (71,70) is compressed against the bottom of the preform by movement of the upper die holder (52) to a bottom dead position (Fig. 3 to Fig. 4). It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to space the slide at a selected distance in Fig. 3 prior to the die reaching the dead center position by routine experimentation that allows room for the width (W) of the sheet metal component (5-30 mm; col. 4, line 20) which is an overlapping range of the claimed range of 10-80 mm.
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim 17 and overcoming the 35 USC 112b rejections. The prior art of record does not disclose that when the sheet metal preform is inserted into the calibrating tool it comes into contact with at least one adjustable insert, which is spaced apart from the calibrating punch and the sheet metal preform is positioned on the insert at least via the partial region of the base at least in the region of the flangeless section of the sheet metal preform in such a way that the edge of the sheet metal preform present at least in the flangeless section, is arranged above the slider shoulder, including the limitations of base claim 17.
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.
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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.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725
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