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 .
DETAILED ACTION
This Office action is in response to the application filed on 07/09/2024. Currently claims 1-19 are pending in the application.
Claim Objections
Claims 2, 4, 5, 11, 13, and 16 are objected to because they depend on claim 0 (a typo). Appropriate correction is requested. For the purpose of compact prosecution, it is assumed that claim 2 depends on claim 1, claim 4 depends on claim 3, claim 5 depends on claim 4, claim 11 depends on claim 10, claim 13 depends on claim 12, and claim 16 depends on claim 15, based on dependence in the claim set of 07/09/2024, that was not amended.
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 4, 6, 10, 16, and 17 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 pre-AIA the applicant regards as the invention.
Regarding claim 4, the phrase "in particular" in lines 3, renders the claims indefinite because it is unclear what the limitation actually would be. See MPEP § 2173.05(d).
Regarding claim 6, the phrase "in particular" in lines 3, renders the claims indefinite because it is unclear what the limitation actually would be. See MPEP § 2173.05(d).
Regarding claim 10, the phrase "in particular" in lines 3, renders the claims indefinite because it is unclear what the limitation actually would be. See MPEP § 2173.05(d).
Regarding claim 16, the phrase "in particular" in lines 3, renders the claims indefinite because it is unclear what the limitation actually would be. See MPEP § 2173.05(d).
Regarding claim 17, the phrase "in particular" in lines 2, renders the claims indefinite because it is unclear what the limitation actually would be. See MPEP § 2173.05(d).
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 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 1-3, 6-13, 15-16, and 18-19 are rejected under 35 U.S.C.102 as being anticipated over Catoen (US Patent Application Publication Number 2009/0269430 A1), hereafter, referred to as “Catoen”.
Regarding claim 1, Catoen teaches a side gate nozzle (Figs. 1-9; para. [0021] – [0049]): nozzle portion elements 200, 700, 800) comprising:
a. a body (component 202, 702) with at least one slot (Fig. 3: recess within 202 forms a plurality of slots) for receiving at least one tip insert (Fig. 3: element 204 and element 222);
b. a tip insert (Fig. 3: element 204 and element 222) being in a mounted position arranged in the at least one slot (right-hand side of Fig. 3); and
c. an expander (Fig. 8: element 222 or element 208, and expands when being heated, consequently each of these elements form an expander) clamping in an expanded position the tip insert with respect to a bottom (flange of an opening for contacting sealing surface 228 of tip insert forms a bottom) of the slot and at least one thereto substantially opposed bearing surface (Fig. 3: surface 230 forming a bearing surface) arranged at an undercut (Fig. 3: recess 302 forms an undercut).
Regarding claim 2, Catoen teaches the side gate nozzle, wherein the expander is at least temporarily interconnected to the tip insert such that the expander is movable together with the tip insert during insertion and/or removal of the tip insert; by teaching element 222 is interconnected to and movable together with element 204.
Regarding claim 3, Catoen teaches the expander comprises a clamping element for engaging in the mounted position with the undercut and clamping in the expanded position the tip insert with respect to the bottom of the at least one slot; by teaching in Fig. 3, in the mounted position.
Regarding claim 6, Catoen teaches side gate nozzle, wherein the bearing surface of the undercut is formed by at least one recess in a side wall of the at least one slot, and the bearing surface is arranged in an upper half of the side wall; by teaching in Fig. 3, flange of opening for contacting sealing surface 228 of tip insert.
Regarding claims 7-8, Catoen teaches side gate nozzle, wherein the undercut has a length of more than a third of a total length of a tip insert body of the tip insert and extends along the at least one slot, and the bearing surface and the at least one slot form a linear guide for the tip insert, such that during insertion a tilting of the tip insert and therefrom resulting damage is prevented; by teaching recess 302.
Regarding claim 9, Catoen teaches side gate nozzle, wherein at least one stop surface is arranged at the bottom of the at least one slot or at a side wall of the at least one slot for engaging with a corresponding surface of a tip insert body of the tip insert and to restrict an outward movement of the tip insert during insertion; by teaching the features in Figs. 2-3.
Regarding claim 10, Catoen teaches side gate nozzle, wherein the at least one slot comprises a clamping section having a t-slot cross-section, for accommodating a corresponding clamping section of the tip insert in an encompassing manner, by teaching the features in Fig. 2; and a heat guiding section arranged outwardly from the clamping section of the at least one slot for guiding heat during operation from a heating to a front section of the tip insert; by teaching heating (element 218) (para. [0034]).
Regarding claim 11, Catoen teaches side gate nozzle, wherein the clamping section of the tip insert has a lateral width greater than the front section of the tip insert comprising at least one tip; by teaching the width of element 208 in Fig. 2.
Regarding claims 12-13, Catoen teaches side gate nozzle, wherein the tip insert comprises an actuating contour for an assembly tool, and wherein the actuating contour is formed as the opening of the clamping element attached to the tip insert body; by teaching a suitable contour in Fig. 3, where a hole for screw 212 in clamping element 208.
Regarding claims 15-16, Catoen teaches side gate nozzle, wherein the expander ensures in the expanded position a sealed connection between an outlet of a body melt channel of the body arranged in the bottom of the at least one slot and an inlet of a tip insert melt channel of the tip insert, and wherein the outlet of the body melt channel and the inlet of the tip insert melt channel are aligned, concentrically with respect to each other, in the mounted position of the tip insert; by teaching the features in Figs. 2-3.
Regarding claim 18, Catoen teaches a tip insert, wherein the tip insert comprises the expander interconnected to a tip insert body of the tip insert; by teaching a tip insert (Figs. 1-9; column 2, line 14 - column 6, line 4: nozzle tip 204) suitable for a side gate nozzle (nozzle portion 200), wherein the tip insert comprises an expander (sealing component 222 or securing component 202, 808: these elements expand when being heated, consequently each of these elements form an expander) interconnected to a tip insert body (central body of nozzle tip 204) of the tip insert.
Regarding claim 19, Catoen teaches an injection mold comprising at least one snorkel and at least one side gate nozzle, wherein the at least one snorkel is fluidly connected to the body of the side gate nozzle for supplying during operation melted material to the side gate nozzle; by teaching in Fig. 2, an upstream nozzle portion (snorkel (element 23).
Claim Rejections - 35 USC § 103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 103 that form the basis for the rejections under this section made 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 14 is rejected under 35 U.S.C.103 as being obvious over Catoen (US Patent Application Publication Number 2009/0269430 A1),
Regarding claim 14, Catoen teaches a side gate nozzle (Figs. 1-9; column 2, line 14 - column 6, line 4: nozzle portion 200, 700, 800). It would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, that the additive manufacturing is merely one of several straightforward possibilities from which an ordinary artisan would select, in accordance with circumstances. Therefore, it would have been obvious that the side gate nozzle, wherein the body of the side gate nozzle and/or a tip insert body of the tip insert are at least partially manufactured by an additive process.
Regarding claim 17, Catoen teaches a side gate nozzle wherein the tip insert comprises at least one tip; by teaching a tip in Fig. 2. Additionally, it would have been obvious to any ordinary artisan that the tip element would be removably attached to a tip insert body of the tip insert, because that would allow to clean the tip easily.
Allowable Subject Matter
Claims 4-5 are objected to as being directly or indirectly dependent upon rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitation of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for indication of allowable subject
matter:
Regarding claim 4, the prior art of references (of record) does not teach or fairly suggest the (by themselves or in combination) a side gate nozzle comprising a clamping element, “wherein the clamping element is integrally connected to a tip insert body of the tip insert in a deformable manner”. Claim 5 is presumed to depend on claim 4.
Examiner’s Note
The examiner included a few prior arts which were not used in the rejection but are relevant to the disclosure.
EP 2 447 007 A1 (Roemhild, Stefan) – Roemhild teaches an injection nozzle for guiding molten material, particularly in a plastic injection mold, comprising first fastening means for attachment to a primary component of the injection nozzle and second fastening means for attachment to a secondary component of the injection nozzle, wherein the primary component has a first melt channel and the secondary component has a second melt channel, wherein the first melt channel and the second melt channel are connected to each other when the secondary component is mounted on the primary component (claim 1).
US 9,266,270 B2 (Gray et al.) – Gray teaches A mold-tool system, comprising: a nozzle assembly defining a melt channel; a nozzle-tip assembly defining a melt passage, the nozzle-tip assembly slidingly sealed against the nozzle assembly, the nozzle-tip assembly, the melt channel of the nozzle assembly being in fluid communication with the melt passage of the nozzle tip assembly, having: a tip-body assembly; and a seal assembly (claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD M AMEEN whose telephone number is (469) 295 9214. The examiner can normally be reached on M-F from 9.00 am to 6.00 pm (Central Time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached on (571) 272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD M AMEEN/Primary Examiner, Art Unit 1742