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 .
Response to Amendment
Claims 1-15 are pending. Claims 1, 5, and 9 have been amended. Claims 13-15 are new. The rejections under 35 USC 112b are expanded in view of the amendment. The prior art rejections are revised in view of the amendment.
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 1-15 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 recites, “An injection nozzle attachment member for attaching an injection nozzle to a tip end of a heating cylinder, the injection nozzle attachment member comprising: a male thread formed on an outer peripheral surface of a rear end portion; and a flange pressing portion provided at a predetermined portion and configured to press a flange portion of the injection nozzle against the heating cylinder, the flange portion of the injection nozzle having an enlarged diameter at a rear end, wherein the injection nozzle attachment member has a through hole at an axial center for receiving a cylindrical body portion of the injection nozzle, and wherein the injection nozzle attachment member is configured such that, in a case where the through hole receives the body portion of the injection nozzle inserted, and the male thread is screwed into a female thread formed at a tip end of the heating cylinder for attachment to the heating cylinder: the flange pressing portion presses the flange portion of the injection nozzle for the attachment of the injection nozzle, and an outer circumferential surface of the body portion of the injection nozzle is flush with an inner circumferential surface of the injection nozzle attachment member in the through hole.”
Claim 1 nominally recites a “an injection nozzle attachment member.” However, claim 1 positively recites details of the injection nozzle and the heating cylinder. It is accordingly unclear if the limitations of claim 1 are met by an injection nozzle attachment member capable of connecting to such an injection nozzle and heating cylinder, or if the recited details of the injection nozzle and the heating cylinder are required. This ambiguity is exacerbated by the new limitation and Applicant’s argument about the relative sizes being “flush” without positively reciting the injection nozzle.
Claims 2-4 and 13 are indefinite as depending from claim 1.
For the purpose of examination, while teachings related to the injection nozzle and heating cylinder will be noted, claim 1 will be interpreted as only requiring details of the injection nozzle attachment member.
Claims 1, 5, and 9 each recite a/the “flange portion of the injection nozzle having an enlarged diameter at a rear end.” This limitation nominally recites a flange having an enlarged diameter at a rear end, suggesting a flange that has a smaller diameter at another portion of the flange. However, with reference to Figs. 2, 4A-D, and 5, Applicant appears to have intended to convey a flange having an enlarged diameter, with perhaps a further limitation that the flange is at a rear end of the injection nozzle (in which case Fig. 6 is excluded). Claims 2-4 and 13 are indefinite as depending from claim 1; claims 6-8 and 14 are indefinite as depending from claim 5; and claims 10-12 and 15 are indefinite as depending from claim 9.
Claims 1, 5, and 9 each recite “an outer circumferential surface of the body portion of the injection nozzle is flush with an inner circumferential surface of the injection nozzle attachment member in the through hole.” In the arguments section, Applicant argues for an interpretation of flush that excludes any space for thermal expansion. However, the word flush in any form does not appear in Applicant’s disclosure. Applicant is arguing for a claim construction of flush that would lack an adequate written description in the disclosure. A more flexible construction of “flush”, in line with Figs. 2, 4B-D, and 5-6 of Applicant’s disclosure, would not be so exclusive. Of particular note, Fig. 4A-B shows the injection nozzle attachment member fitting over the injection nozzle, a possibility only with a looser understanding of flush. The depiction in the figures is the support for the presence of “flush” in the claims and the broadest reasonable interpretation requires this broader usage. Applicant is arguing for an impermissible construction of “flush” and the claims are accordingly indefinite. Claims 2-4 and 13 are indefinite as depending from claim 1; claims 6-8 and 14 are indefinite as depending from claim 5; and claims 10-12 and 15 are indefinite as depending from claim 9.
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) 1-4 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (US 2007/0237854).
Regarding claim 1, Yu discloses an injection nozzle attachment member for attaching an injection nozzle to a tip end of a heating cylinder (fastening bushing 82, [0031], Fig. 3), , the injection nozzle attachment member comprising: a male thread formed on an outer peripheral surface of a rear end portion (thread 82a, [0056], Fig. 6); and a flange pressing portion provided at a predetermined portion and configured to press a flange portion of the injection nozzle against the heating cylinder (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0057], Figs. 3, 5-6; manifold 50 is mounted with a heater and constitutes a heating cylinder, [0040], Fig. 3), the flange portion of an injection nozzle having an enlarged diameter at the rear end (nozzle 60 and manifold guide bushing 85 with flange 86, see flange at top of nozzle 60 in Fig. 3, [0031] [0057]), wherein the injection nozzle attachment member has a through hole at an axial center for receiving a cylindrical body portion of the injection nozzle (through hole at axial center of fastening bushing 82 receiving manifould guide bushing 85 and cylindrical nozzle 60, [0030], Figs. 3-6), and wherein the injection nozzle attachment member is configured such that in a case where the through hole receives the body portion of the injection nozzle inserted and the male thread is screwed into a female thread formed at a tip end of the heating cylinder for attachment to the heating cylinder (mating threads 82a, 56a as screwed, [0056]), the flange pressing portion presses the flange portion of the injection nozzle for the attachment of the injection nozzle (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0056-57], Figs. 3, 5-6), and an outer circumferential surface of the body portion of the injection nozzle is flush with an inner circumferential surface of the injection nozzle attachment member in the through hole (85 flush with 82, just large enough to accommodate thermal expansion, [0049], Figs. 3-4; with thermal expansion, the structure will be flush by any definition, Yu [0049]).
Regarding claim 2, Yu discloses wherein the injection nozzle attachment member includes a fastening portion to be engaged with a fastening tool for rotation (portion closes to the label of fastening bushing 82 in Figs. 5-6 is capable of being engaged with a fastening tool in that it is connected to the male thread 82a and is not blocked from tool access).
Regarding claim 3, Yu discloses wherein the flange pressing portion is an end surface of the rear end portion (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0056-57], Figs. 3, 5-6).
Regarding claim 4, Yu discloses wherein the through hole is enlarged in a stepped shape near an outlet, and the enlarged stepped portion serves as the flange pressing portion (Figs. 3, 5-6; as used by Applicant in [0029], “stepped shape” is interpreted as the distal end of the injection nozzle attachment member has a right angle).
Regarding claim 13, Yu discloses wherein the injection nozzle attachment member is configured for attaching the injection nozzle having the cylindrical body portion and the flange portion integrally formed at the rear end of the cylindrical body portion (82 fits around and so attaches; flange 86 integral with 85, Fig. 3), and wherein the flange pressing portion is configured to press the integrally formed flange portion toward the heating cylinder when the injection nozzle attachment member attaches the injection nozzle to the heating cylinder (distal end of fastening bushing 82 urges flange 86 integral with 85 upward against manifold 50, [0056-57], Figs. 3, 5-6).
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.
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 nonobviousness.
Claim(s) 5-12, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US 2007/0237854) in view of Brelski (US 2009/028984).
Regarding claim 5, Yu discloses an injection device (hot runner system 100, [0031], Fig. 3) comprising: a heating cylinder (manifold 50 is mounted with a heater and constitutes a heating cylinder, [0040], Fig. 3); an injection nozzle attached to a tip end of the heating cylinder (nozzle 60 and manifold guide bushing 85 connected to end of manifold 50, [0031] [0057]); and an injection nozzle attachment member attaching the injection nozzle to the heating cylinder (fastening bushing 82, [0031] [0057], Fig. 3), wherein the heating cylinder has a hole in an axial direction at a tip end (opening that manifold guide bushing 80 and fastening bushing 82 fit into, [0031] [0057], Figs. 3, 5-6), and a female thread is formed on the hole (thread 56a, [0039] [0056], Figs. 5-6), wherein the injection nozzle includes: a cylindrical body portion (cylindrical nozzle 60 and manifold guide bushing 85, [0031] [0057], Fig. 3); and a flange portion with an enlarged diameter at a rear end (flange 86, see flange at top of nozzle 60 in Fig. 3, [0031] [0057]), wherein the injection nozzle attachment member has a through hole at an axial center for receiving the body portion of the injection nozzle inserted (through hole at axial center of fastening bushing 82, [0030], Figs. 3-6), wherein the injection nozzle attachment member includes: a male thread formed on an outer peripheral surface of a rear end portion (thread 82a, [0056], Fig. 6); and a flange pressing portion provided at a predetermined portion and configured to press the flange portion against the heating cylinder (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0057], Figs. 3, 5-6; manifold 50 is mounted with a heater and constitutes a heating cylinder, [0040], Fig. 3), wherein the injection nozzle is attached to the heating cylinder by the injection nozzle attachment member such that the body portion is inserted into the through hole (manifold guide bushing 85 inserted through hole at axial center of fastening bushing 82, and connected to manifold 50, [0030-31], Figs. 3-6), the flange portion is pressed by the flange pressing portion (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0056-57], Figs. 3, 5-6), and the male thread is fastened to the female thread (mating threads 82a, 56a as screwed, [0056]) , and wherein an outer circumferential surface of the body portion of the injection nozzle is flush with an inner circumferential surface of the injection nozzle attachment member in the through hole (85 with 60 constitutes injection nozzle, 85 flush with 82, just large enough to accommodate thermal expansion, [0049], Figs. 3-4; with thermal expansion, the structure will be flush by any definition, Yu [0049]).
Yu teaches an injection device substantially as claimed. Yu does not disclose a screw placed in the heating cylinder.
However, in the same field of endeavor of connecting an injection nozzle to a hot melt source (abstract of Yu, [0007] [0021] of Brelski), Brelski teaches a screw placed in the heating cylinder (screw 101 within heated barrel portion 104, [0007]; barrel portion is connected to barrel head 100 and machine nozzle 108, [0006-07], Fig. 1A).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the injection device of Yu to connect a barrel portion of Brelski to the associated machine nozzle because Fig. 1A of Brelski shows bolts to connect the system and [0031] [0056-57] of Brelski teaches a known way to connect such components with a predictable result to connect them.
Regarding claim 6, Yu as modified teaches wherein the injection nozzle attachment member includes a fastening portion to be engaged with a fastening tool for rotation (portion closes to the label of fastening bushing 82 in Yu Figs. 5-6 is capable of being engaged with a fastening tool in that it is connected to the male thread 82a and is not blocked from tool access).
Regarding claim 7, Yu as modified teaches wherein the flange pressing portion is an end surface of the rear end portion of the injection nozzle attachment member (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, Yu [0056-57], Figs. 3, 5-6; as modified, this would be urged upward against heated barrel portion 104 of Brelski).
Regarding claim 8, Yu as modified teaches wherein the through hole of the injection nozzle attachment member is enlarged in a stepped shape near an outlet, and the enlarged stepped portion serves as the flange pressing portion (Yu Figs. 3, 5-6; as used by Applicant in [0029], “stepped shape” is interpreted as the distal end of the injection nozzle attachment member has a right angle).
Regarding claim 9, Yu discloses an injection molding machine comprising: a mold clamping device configured to clamp a mold (clamping plate 30, space plate 45, holding plate 40, cavity plate 45, [0030]); and an injection device configured to inject an injection material (hot runner system 100 injects melted resin, [0031-32], Fig. 3), wherein the injection device (hot runner system 100, [0031], Fig. 3) includes: a heating cylinder (manifold 50 is mounted with a heater and constitutes a heating cylinder, [0040], Fig. 3); an injection nozzle attached to a tip end of the heating cylinder (nozzle 60 and manifold guide bushing 85 connected to end of manifold 50, [0031] [0057]); and an injection nozzle attachment member attaching the injection nozzle to the heating cylinder (fastening bushing 82, [0031] [0057], Fig. 3), wherein the heating cylinder has a hole in an axial direction at a tip end (opening that manifold guide bushing 80 and fastening bushing 82 fit into, [0031] [0057], Figs. 3, 5-6), and
a female thread is formed on the hole (thread 56a, [0039] [0056], Figs. 5-6), wherein the injection nozzle includes: a cylindrical body portion (cylindrical nozzle 60 and manifold guide bushing 85, [0031] [0057], Fig. 3); and a flange portion with an enlarged diameter at a rear end (flange 86, see flange at top of nozzle 60 in Fig. 3, [0031] [0057]),
wherein the injection nozzle attachment member has a through hole at an axial center for receiving the body portion of the injection nozzle inserted (through hole at axial center of fastening bushing 82, [0030], Figs. 3-6), wherein the injection nozzle attachment member includes: a male thread formed on an outer peripheral surface of a rear end portion (thread 82a, [0056], Fig. 6); and a flange pressing portion provided at a predetermined portion and configured to press the flange portion against the heating cylinder (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0057], Figs. 3, 5-6; manifold 50 is mounted with a heater and constitutes a heating cylinder, [0040], Fig. 3), wherein the injection nozzle is attached to the heating cylinder by the injection nozzle attachment member such that the body portion is inserted into the through hole (manifold guide bushing 85 inserted through hole at axial center of fastening bushing 82, and connected to manifold 50, [0030-31], Figs. 3-6), the flange portion is pressed by the flange pressing portion (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, [0056-57], Figs. 3, 5-6), and the male thread is fastened to the female thread (mating threads 82a, 56a as screwed, [0056]), and wherein an outer circumferential surface of the body portion of the injection nozzle is flush with an inner circumferential surface of the injection nozzle attachment member in the through hole (85 with 60 constitutes injection nozzle, 85 flush with 82, just large enough to accommodate thermal expansion, [0049], Figs. 3-4; with thermal expansion, the structure will be flush by any definition, Yu [0049]).
Yu teaches an injection molding machine substantially as claimed. Yu does not disclose a screw placed in the heating cylinder.
However, in the same field of endeavor of connecting an injection nozzle to a hot melt source (abstract of Yu, [0007] [0021] of Brelski), Brelski teaches a screw placed in the heating cylinder (screw 101 within heated barrel portion 104, [0007]; barrel portion is connected to barrel head 100 and machine nozzle 108, [0006-07], Fig. 1A).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the injection molding machine of Yu to connect a barrel portion of Brelski to the associated machine nozzle because Fig. 1A of Brelski shows bolts to connect the system and [0031] [0056-57] of Brelski teaches a known way to connect such components with a predictable result to connect them.
Regarding claim 10, Yu as modified teaches wherein the injection nozzle attachment member includes a fastening portion to be engaged with a fastening tool for rotation (portion closes to the label of fastening bushing 82 in Yu Figs. 5-6 is capable of being engaged with a fastening tool in that it is connected to the male thread 82a and is not blocked from tool access).
Regarding claim 11, Yu as modified teaches wherein the flange pressing portion is an end surface of the rear end portion of the injection nozzle attachment member (distal end of fastening bushing 82 urges flange 86 upward against manifold 50, Yu [0056-57], Figs. 3, 5-6; as modified, this would be urged upward against heated barrel portion 104 of Brelski).
Regarding claim 12, Yu as modified teaches wherein the through hole of the injection nozzle attachment member is enlarged in a stepped shape near an outlet, and the enlarged stepped portion serves as the flange pressing portion (Yu Figs. 3, 5-6; as used by Applicant in [0029], “stepped shape” is interpreted as the distal end of the injection nozzle attachment member has a right angle).
Regarding claim 14, Yu as modified teaches wherein the flange portion is integrally formed at the rear end of the cylindrical body portion of the injection nozzle (flange 86 integral with 85, Fig. 3), and wherein the flange pressing portion presses the integrally formed flange portion toward the heating cylinder (distal end of fastening bushing 82 urges flange 86 integral with 85 upward against manifold 50, [0056-57], Figs. 3, 5-6).
Regarding claim 15, Yu as modified teaches wherein the flange portion is integrally formed at the rear end of the cylindrical body portion of the injection nozzle (flange 86 integral with 85, Fig. 3), and wherein the flange pressing portion presses the integrally formed flange portion toward the heating cylinder (distal end of fastening bushing 82 urges flange 86 integral with 85 upward against manifold 50, [0056-57], Figs. 3, 5-6).
Response to Arguments
Applicant's arguments filed July 17, 2026 have been fully considered but they are not persuasive.
Regarding the rejection under 35 USC 112b, Applicant does not address the rejection, nor connects how the amendment is meant to address the rejection. The rejection is accordingly maintained.
Regarding the prior art rejections, Applicant argues that the new limitation, “an outer circumferential surface of the body portion of the injection nozzle is flush with an inner circumferential surface of the injection nozzle attachment member in the through hole,” precludes any space for thermal expansion, as taught in Yu. This argument is not persuasive because Applicant argues for a construction of flush that is not supported by Applicant’s disclosure. The word flush in any form does not appear in Applicant’s disclosure. A saving construction of “flush”, in line with Figs. 2, 4B-D, and 5-6 of Applicant’s disclosure, cannot be so limiting. Of particular note, Fig. 4A-B shows the injection nozzle attachment member fitting over the injection nozzle, a possibility only with a looser spacing and understanding flush on that basis. The depiction in the figures is the support for the presence of “flush” in the claims and the broadest reasonable interpretation requires this broader usage.
Yu’s teachings include a structure that has spacing for thermal expansion only. This structure is within the scope of the claims, properly understood. Additionally, during thermal expansion, the structure is flush, even by Applicant’s overly narrow definition of flush. This follows because the spacing in [0049] of Yu is for thermal expansion.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J CHIDIAC whose telephone number is (571)272-6131. The examiner can normally be reached 8:30 AM - 6:00 PM.
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/NICHOLAS J CHIDIAC/Examiner, Art Unit 1744
/John J. DeRusso/Primary Examiner, Art Unit 1744
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