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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/12/2025 has been considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities: "securing the one or more bases secured between the one or more mounting plates" in line 6 should read "securing the one or more bases . Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-2, 6-7 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prihoda (CA 2103882 A1; further translation provided).
Regarding claim 1, Prihoda teaches a system (Figure 1; paragraph 0036) comprising:
one or more mounting plates (12, 15) formed of one or more metals (paragraph 0038, such as steel);
one or more forming plates (14, 17) formed of the one or more metals (paragraph 0038, such material may be aluminum, steel or other available materials), wherein the one or more forming plates include one or more heating elements (channels 22; paragraph 0040, for flow of heating or cooling fluid; hence, under broadest reasonable interpretation, channels 22 can be construed as ‘heating elements’); and
one or more bases (13, 16) secured between the one or more mounting plates and the one or more forming plates (as shown in Figure 1, 13 and 16 are secured between 12 and 14; and 15 and 17, respectively), wherein the one or more bases are formed of a temperature-resistant plastic (paragraph 0038, plates 13 and 16, on the other hand, should have good thermal insulating properties…a type of plastic), wherein the one or more forming plates are configured to form a panel (work piece 23) through compression and heating (paragraphs 0002, 0041, 0051).
Regarding claim 2, Prihoda further discloses one or more presses secured to the one or more mounting plates (21 in Figures 1, 4; paragraph 0037).
Regarding claims 6 and 7, the limitations “wherein the one or more bases are formed through additive manufacturing” and “wherein a three-dimensional (3D) printer is used to form the one or more bases” are product by process limitations and relate only to the method of producing the claimed apparatus, which does not impart patentability to the apparatus claims. Note, that determination of patentability is based on the product apparatus itself, In re Brown, 173 USPQ 685, 688, and the patentability of a product does not depend on its method of production, In re Pilkington, 162 USPQ 145, 147; see also In re Thorpe, 227 USPQ 964 (CAFC 1985). Note, also that it is Applicant's burden to prove that an unobvious difference exists, In re Marosi, 218 USPQ 289, 292-293 (CAFC 1983), and Applicant must show that different methods of manufacture produce articles having inherently different characteristics, Ex: parte Skinner, 2 USPQ2d 1788. See MPEP § 2113. In the instant case, Prihoda discloses all the structural limitations of claims 6 and 7.
Regarding claim 11, Prihoda teaches a method comprising:
forming one or more mounting plates (12, 15) from of one or more metals (paragraph 0038, such as steel);
forming one or more forming plates (14, 17) from the one or more metals (paragraph 0038, such material may be aluminum, steel or other available materials);
providing the one or more forming plates with one or more heating elements (channels 22; paragraph 0040, for flow of heating or cooling fluid; hence, under broadest reasonable interpretation, channels 22 can be construed as ‘heating elements’);
forming one or more bases (13, 16) from a temperature-resistant plastic (paragraph 0038, plates 13 and 16, on the other hand, should have good thermal insulating properties…a type of plastic); and
securing the one or more bases 13 and 16 are retained therebetween via clamps 18, 19), wherein the one or more forming plates are configured to form a panel through compression and heating (paragraphs 0002, 0041, 0051).
Regarding claim 12, Prihoda further discloses securing one or more presses to the one or more mounting plates (21 in Figures 1, 4; paragraph 0037).
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) 3, 5, 13, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Prihoda.
Regarding claims 3 and 13, Prihoda teaches all the elements of claims 1 and 11 and further discloses the one or more mounting plates comprise a first mounting plate and a second mounting plate (12, 15), wherein the one or more forming plates comprise a first forming plate and a second forming plate (14, 17), wherein the one or more bases comprises a first base secured between the first mounting plate and the first forming plate (13), and a second base secured between the second mounting plate and the second forming plate (16). Prihoda does not disclose a first and second die comprises the first and second mounting plates, the first and second bases, and the first and second forming plates, respectively. However, Prihoda discloses a forming die can be attached to any or both thermal plates (i.e., forming plates) (paragraph 0044). It would have been obvious for one skilled in the art to provide first and second dies to allow forming material of different shapes and/or patterns.
Regarding claim 19, Prihoda teaches a system (Figure 1; paragraph 0036) comprising:
a first mounting plate (12) formed of one or more metals (paragraph 0038, such as steel);
a first forming plate (14) formed of the one or more metals (paragraph 0038, such material may be aluminum, steel or other available materials), wherein the first forming plate includes one or more first heating elements (channels 22; paragraph 0040, for flow of heating or cooling fluid; hence, under broadest reasonable interpretation, channels 22 can be construed as ‘heating elements’); and
a first base (13) secured between the first mounting plate and the first forming plate (as shown in Figure 1, 13 is secured between 12 and 14), wherein first base is formed of a temperature-resistant plastic (paragraph 0038, plates 13 and 16, on the other hand, should have good thermal insulating properties…a type of plastic); and
a second mounting plate (15) formed of the one or more metals (paragraph 0038, such as steel);
a second forming plate (17) formed of the one or more metals (paragraph 0038, such material may be aluminum, steel or other available materials), wherein the second forming plate includes one or more second heating elements (channels 22; paragraph 0040, for flow of heating or cooling fluid; hence, under broadest reasonable interpretation, channels 22 can be construed as ‘heating elements’); and
a second base (16) secured between the second mounting plate and the second forming plate (as shown in Figure 1, 16 is secured between 15 and 17), wherein second base is formed of the temperature-resistant plastic (paragraph 0038, plates 13 and 16, on the other hand, should have good thermal insulating properties…a type of plastic),
wherein the first forming plate and the second forming plate are configured to form a panel through compression and heating (paragraphs 0002, 0041, 0051).
The limitations “wherein a three-dimensional (3D) printer is used to form the first base” and “wherein the 3D printer is used to form the second base” are product by process limitations and relate only to the method of producing the claimed apparatus, which does not impart patentability to the apparatus claims. Note, that determination of patentability is based on the product apparatus itself, In re Brown, 173 USPQ 685, 688, and the patentability of a product does not depend on its method of production, In re Pilkington, 162 USPQ 145, 147; see also In re Thorpe, 227 USPQ 964 (CAFC 1985). Note, also that it is Applicant's burden to prove that an unobvious difference exists, In re Marosi, 218 USPQ 289, 292-293 (CAFC 1983), and Applicant must show that different methods of manufacture produce articles having inherently different characteristics, Ex: parte Skinner, 2 USPQ2d 1788. See MPEP § 2113.
Prihoda teaches all the elements of claim 19, but does not disclose a first and second die comprises the first and second mounting plates, the first and second bases, and the first and second forming plates, respectively. However, Prihoda discloses a forming die can be attached to any or both thermal plates (i.e., forming plates) (paragraph 0044). It would have been obvious for one skilled in the art to provide first and second dies to allow forming material of different shapes and/or patterns.
Regarding claims 5 and 15, Prihoda teaches all the elements of claims 1 and 11, but does not disclose the temperature-resistant plastic includes polycarbonate. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use polycarbonate, since it have held to be within the ordinary skill of worker in the art to select a known material on the basis of its suitability for the intended use. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. One would have been motivated to utilize polycarbonate for the plastic for the benefit of high temperature resistance and high strength, as is conventionally known in the art.
Claim(s) 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Prihoda, in view of LeBlanc (US 2019/0366599 A1).
Regarding claims 16-17, Prihoda teaches all the elements of claim 11, but does not disclose said forming the one or more bases comprises additively manufacturing the one or more bases nor using a three-dimensional (3D) printer to form the one or more bases.
LeBlanc teaches a system (50 in Figures 4-5;) for forming a panel (70) through compression and heating (paragraph 0030), comprising: one or more mounting plates (55, 63 in Figure 4; paragraph 0040); and one or more forming plates (61, 66 in Figures 4-5) attached thereto; and one or more bases secured between the one more mounting plates and the one or more forming plates (as shown in Figures 11-12; 79, 82 are secured between 55, 63 and 61, 66, respectively). LeBlanc teaches forming the components of the system by additive manufacturing said components (paragraphs 0040-0041, 0060), which provide the benefit of being low cost. Further, LeBlanc discloses 3D printing said components (310 in Figure 15; paragraphs 0064-0066, 0070-0072). One of ordinary skill in the art could have applied this known technique to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to additively manufacture or 3D print the one or more bases of Prihoda for the benefit of low cost, as disclosed by LeBlanc.
Claim(s) 4, 8-11, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Prihoda, in view of Hudecek (US2004/0096535 A1).
Regarding claims 4 and 14, Prihoda teaches all the elements of claims 3 and 13, but does not disclose wherein one of the first base or the second base comprises guide pins, wherein the other of the first base or the second base comprises reciprocal channels, wherein the guide pins are configured to be received by the reciprocal channels as the first die moves relative toward the second die.
Hudecek teaches a system (Figure 3) for forming a panel (paragraph 0057) through compression and heating (paragraph 0011, to form the part or product under the desired amount of compression and heat), comprising: at least one more mounting plates (28, 32 in Figure 3); one or more forming plates (16, 18); and one or more bases (12, 14) secured between the one more mounting plates and the one or more forming plates (as shown in Figure 3). Hudecek further discloses the one or more bases comprises guide pins (140 in Figure 1) and another of the one or more bases comprises guide hole (138), wherein the guide pins are configured to be received by the guide holes. Said guide pins and guide holes facilitate the precise alignment of the top and bottom mold bases (paragraph 0073). One of ordinary skill in the art could have applied this known technique to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to provide the one or more bases with guide pins and guide holes for the benefit of precise alignment of the top and bottom mold bases, as disclosed by Hudecek.
Regarding claim 8, Prihoda teaches all the elements of claim 1, but does not disclose the one or more bases comprise one or more retaining channels, wherein the one or more forming plates are secured within the one or more retaining channels.
Hudecek teaches a system (Figure 3) for forming a panel (paragraph 0057) through compression and heating (paragraph 0011, to form the part or product under the desired amount of compression and heat), comprising: at least one more mounting plates (28, 32 in Figure 3); one or more forming plates (16, 18); and one or more bases (12, 14) secured between the one more mounting plates and the one or more forming plates (as shown in Figure 3). Hudecek further discloses the one or more bases comprise one or more retaining channels (inner space contained within 52, 72 in Figures 4-5; paragraphs 0048-0049), wherein the one more forming plates are secured therein (as shown in Figures 2 and 4-5). One of ordinary skill in the art could have applied this known technique to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to provide the one or more bases with one or more retaining channels fore the benefit of securing the one or more forming plates therein, as disclosed by Hudecek.
Regarding claim 9, Prihoda teaches all the elements of claim 1, but does not disclose the one or more bases comprise one or more standoff pads.
Hudecek teaches a system (Figure 3) for forming a panel (paragraph 0057) through compression and heating (paragraph 0011, to form the part or product under the desired amount of compression and heat), comprising: at least one more mounting plates (28, 32 in Figure 3); one or more forming plates (16, 18); and one or more bases (12, 14) secured between the one more mounting plates and the one or more forming plates (as shown in Figure 3). Hudecek further discloses the one or more bases comprise one or more mold stops (i.e., standoff pads) (76 in Figure 2A; paragraph 0054) which maintain a predetermined space between the top and bottom plates, when the top and the bottom bases are pressed together. One of ordinary skill in the art could have applied this known technique to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to provide mold stops to maintain a predetermined space between the opposing plates of Prihoda, as disclosed by Hudecek.
Regarding claim 10, Prihoda teaches all the elements of claim 1, but does not disclose the one or more bases comprise parallel passages configured to receive lifting arms of a fork lift.
Hudecek teaches a system (Figure 3) for forming a panel (paragraph 0057) through compression and heating (paragraph 0011, to form the part or product under the desired amount of compression and heat), comprising: at least one more mounting plates (28, 32 in Figure 3); one or more forming plates (16, 18); and one or more bases (12, 14) secured between the one more mounting plates and the one or more forming plates (as shown in Figure 3). Hudecek further discloses the one or more bases comprises parallel passages (as shown in Figures 1-2) which facilitate moving and mounting of the one or more bases to the one or more mounting plates (paragraph 0046), said moving being a forklift (paragraph 0058). One of ordinary skill in the art could have applied this known technique to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to provide the one or bases with parallel passages configured to receive lifting arms of a fork lift to facilitate movement and/or mounting of the one or more bases, as disclosed by Hudecek.
Regarding claim 18, Prihoda teaches all the elements of claim 11, but does not disclose the one or more bases comprise one or more retaining channels, wherein the one or more forming plates are secured within the one or more retaining channels, and wherein the one or more bases comprise one or more standoff pads.
Hudecek teaches a system (Figure 3) for forming a panel (paragraph 0057) through compression and heating (paragraph 0011, to form the part or product under the desired amount of compression and heat), comprising: at least one more mounting plates (28, 32 in Figure 3); one or more forming plates (16, 18); and one or more bases (12, 14) secured between the one more mounting plates and the one or more forming plates (as shown in Figure 3). Hudecek further discloses the one or more bases comprise one or more retaining channels (inner space contained within 52, 72 in Figures 4-5; paragraphs 0048-0049), wherein the one more forming plates are secured therein (as shown in Figures 2 and 4-5); and the one or more bases comprise one or more mold stops (i.e., standoff pads) (76 in Figure 2A; paragraph 0054) which maintain a predetermined space between the top and bottom plates, when the top and the bottom bases are pressed together. One of ordinary skill in the art could have applied these known techniques to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to provide the one or more bases with one or more retaining channels for the benefit of securing the one or more forming plates therein; to provide mold stops to maintain a predetermined space between the opposing plates of Prihoda, as disclosed by Hudecek.
Regarding claim 20, Prihoda teaches all the elements of claim 19 and further discloses one or more presses secured to the one or both of the first mounting plate or the second mounting plate (21 in Figures 1, 4; paragraph 0037), but does not disclose wherein one of the first base or the second base comprises guide pins, wherein the other of the first base or the second base comprises reciprocal channels, wherein the guide pins are configured to be received by the reciprocal channels as the first die moves relative toward the second die, and wherein the first base and the second base further comprise standoff pads.
Hudecek teaches a system (Figure 3) for forming a panel (paragraph 0057) through compression and heating (paragraph 0011, to form the part or product under the desired amount of compression and heat), comprising: at least one more mounting plates (28, 32 in Figure 3); one or more forming plates (16, 18); and one or more bases (12, 14) secured between the one more mounting plates and the one or more forming plates (as shown in Figure 3). Hudecek further discloses the one or more bases comprise guide pins (140 in Figure 1) and another of the one or more bases comprises guide hole (138), wherein the guide pins are configured to be received by the guide holes. Further, the one or more bases comprise one or more mold stops (i.e., standoff pads) (76 in Figure 2A; paragraph 0054) which maintain a predetermined space between the top and bottom plates, when the top and the bottom bases are pressed together and facilitate the precise alignment of the top and bottom mold bases (paragraph 0073). One of ordinary skill in the art could have applied this known technique to the invention of Prihoda and the results would have been obvious for one skilled in the in the art. One would have been motivated to provide the one or more bases with guide pins and guide holes for the benefit of precise alignment of the top and bottom mold bases and with one or more mold stops (i.e., standoff pads) (76 in Figure 2A; paragraph 0054) which maintain a predetermined space between the top and bottom plates, as disclosed by Hudecek.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cloud (US 2018/0162039 A1) discloses the use of guide pins for aligning mold components.
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/VIRAK NGUON/Examiner, Art Unit 1741 1/09/2026