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 . 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/30/2024, 01/22/2026 and 01/23/2026 have been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 06/05/2026 is acknowledged. Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-III, there being no allowable generic or linking claim.
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.
8a
Claims 1-2, 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Halamoda (US 8,191,452) in view of Sinn (US 6,106,453).
Regarding claim 1 Halamoda teaches
a top tool (2) retaining a plurality of punches (8)
a bottom tool (2) including a striker plate (6) having an upper surface that includes a plurality of slug openings (7)
Halamoda does not provide a scoring tool, or the top tool retaining a plurality of blades, each blade configured to press a successive one of a plurality of scores in the material or the bottom tool including a plurality of score formers, each score former associated with a successive one of the blades, each score former being an impression on the upper surface in which a successive one of the scores is pressed.
Sinn teaches it is known to provide a punching and scoring tool (Figure 1); wherein a top tool includes a plurality of punches ((2a,2b) and a plurality of blades (10a, 10b) and a bottom tool (7) including a plurality of score formers (8a,8b), each score former associated with a successive one of the blades, each score former being an impression on the upper surface in which a successive one of the scores is pressed (Figures 1-2; Col. 3, Lines 53-67 and Col. 4, Lines 1-31).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Halamoda to incorporate the teachings of Sinn to provide the punching tool with scoring blades and formers. In doing so, it allows for the workpiece to be both punched and scored as desired to achieve the appropriate final work product.
Regarding claim 2, the modified device of Halamoda teaches the scoring and punching tool of claim 1, wherein the top tool further includes: a punch and blade backing plate (19) retaining the punches and the blades (Halamoda Figures 1-2); and
a punch and blade holder (9) including a plurality of punch openings, each punch opening associated with a successive one of the punches and configured to provide a guide for the motion of the punch when the holes are punched (Halamoda Figures 1-2; Sin Figures 1-2); and a plurality of blade openings, each blade opening associated with a successive one of the blades and configured to provide a guide for the motion of the blade when the scores are pressed (Sinns Figures 1-2).
Regarding claim 9, the modified device of Halamoda teaches the scoring and punching tool of claim 1, wherein the punches are positioned in a quadrilateral shape, with a successive one of four groups of punches being positioned along each side of a perimeter of the quadrilateral (Halamoda noting the rectangular shape formed on the outside perimeter of the plate for the punch and slug openings provided in Figure 1).
Regarding claim 10, the modified device of Halamoda teaches the scoring and punching tool of claim 1, wherein the slug openings are positioned in a quadrilateral shape, with a successive one of four groups of slug openings being positioned along each side of a perimeter of the quadrilateral (Halamoda noting the rectangular shape formed on the outside perimeter of the plate for the punch and slug openings provided in Figure 1).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Halamoda (US 8,191,452) in view of Sinn (US 6,106,453) as applied to claim 1 above, and further in view of LaPlante (US 2002/0043556).
Regarding claim 3, the modified device of Halamoda teaches the scoring and punching tool of claim 1, and a chamber (28) wherein the slugs are dropped and an air passage (29) wherein compressed air moved the slugs during use (Halamada Figure 4 and Col. 4, Lines 50-60). The modified device of Halamoda does not provide the specifics of wherein the bottom tool further includes: a striker backing plate supporting the striker plate and through which the slug openings extend in a vertical direction; and a slug removal plate supporting the striker backing plate, the slug removal plate including a plurality of channels, each channel aligned with a successive one of the slug openings and configured to receive a successive one of the slugs, a plurality of air passages through which air flows to move the slugs, at least a portion of the air passages coupled to the channels, a slug capture chamber coupled to the channels and configured to receive the slugs from the channels, and a slug exit port coupled to the slug capture chamber and through which the slugs pass when the slugs are moved by air flowing through the air passages.
LePlante teaches a bottom tool (11) the bottom tool further includes: a striker backing plate (24) supporting a striker plate (29) and through which a slug openings (24a-24k) extend in a vertical direction (Figure 1A; Paragraph 0047); and
a slug removal plate (25) supporting the striker backing plate, the slug removal plate including a plurality of channels (27a-27f), each channel aligned with a successive one of the slug openings and configured to receive a successive one of the slugs (Figure 1A; Paragraph 0054) and
a plurality of air passages (26a-26f; Paragraph 0056) through which air flows to move the slugs, at least a portion of the air passages coupled to the channels, a slug capture chamber (28a-28c) coupled to the channels and configured to receive the slugs from the channels, and a slug exit port coupled to the slug capture chamber and through which the slugs pass when the slugs are moved by air flowing through the air passages (paragraph 0054 noting the capture chambers are connected to an exit opening not shown for removal of the slugs).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Halamoda to incorporate the teachings of LePlante to provide a slug removal plate and channels therein. In doing so, it allows for support or the strike plate, and a plurality of channels to work in combination with the air pressure/channel system for removal of slugs.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Halamoda (US 8,191,452) in view of Sinn (US 6,106,453) as applied to claim 1 above, and further in view of Palm (US 2011/0256996).
Regarding claim 4, the modified device of Halamoda teaches the scoring and punching tool of claim 1, but does not provide further comprising a registration servo mechanism configured to place a registration mark on a surface of the material if the material does not have printing on it.
Palm teaches it is known to provide a registration mechanism to place a registration mark on a material (Paragraph 0342).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Halamoda to incorporate the teachings of Palm to provide a registration mechanism to place registration marks. In doing so, it allows for the workpiece to be appropriately identified and detected as desired during processing.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Halamoda (US 8,191,452) in view of Sinn (US 6,106,453) as applied to claim 1 above, and further in view of Johns (US 8,430,660).
Regarding claim 5, the modified device of Halamoda teaches the scoring and punching tool of claim 1, but does not provide wherein the blades are divided into four groups that are spaced apart from one another, with at least a first portion of the blades of each group positioned to form a quadrant of a circle.
Johns teaches it is known in the art of press ware forming to provide a scoring and punching tool (Figure 1) including a scoring tool wherein a plurality of blades (56,58,60,62,64,66) are divided into four groups that are spaced apart from one another, with at least a first portion of the blades of each group positioned to form a quadrant of a circle (Figure 4A noting the circular shape of the blades may be split into four groups that form the overall circular shape shown; Col. 14, Lines 44-62 and 4B noting a lower plate with respective score patterns).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Halamoda to incorporate the teachings of Johns to provide the plurality of blades with a desired workpiece shape. In doing so, it allows for the product to be cut, punched or scored to the desired design and shape.
Regarding claim 6, the modified device of Halamoda teaches the scoring and punching tool of claim 5, wherein each group of blades is configured to press a successive one of a plurality of groups of scores into the material such that each group of scores is shaped to form a successive one of four rounded corners of the tray (Johns Figures 4A-4C; Figures 9 and 10).
Regarding claim 7, the modified device of Halamoda teaches scoring and punching tool of claim 5, wherein the score formers are divided into four groups that are spaced apart from one another, with at least a first portion of the score formers of each group positioned to form a quadrant of a circle (Johns Figure 4A noting the circular shape of the blades may be split into four groups that form the overall circular shape shown).
Regarding claim 8, the modified device of Halamoda teaches the scoring and punching tool of claim 7, wherein each group of score formers is aligned with a successive one of the groups of blades (Sin Figures 1-2 noting the score formers and Johns Figures 4A-4B noting the particular shape).
Related Prior Art
Below is an analysis of the relevance of references cited but not used
- "892 cited references A-M on page 1 establish the state of the art with a different punching mechanisms including punching with blades, and punching completely through the workpiece to allow for slug holes. The cited prior art also provides punching with scoring and a variety of different shapes and workpieces that may be cut with the various combinations.
Conclusion
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/RICHARD D CROSBY JR/ 08/26/2026Examiner, Art Unit 3724
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