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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-8, in the reply filed on March 2, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Upon further review, the Examiner has withdrawn the restriction between Groups I, claim 1-8, and Group II, claims 9-10. However, Group III, claim 11, is still restricted from Groups I and II. Claims 1-10 are examined in this Office Action.
Inventions (Group III) and (Groups I and II) are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case, the apparatus as claimed can be used to practice another and materially different process, such as a process which does not include inserting and retracting a heater.
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse as mentioned above.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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 5-10 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 5 recites “the mold” which lacks antecedent basis. The Examiner suggests the following amendments: “one of the molds”.
Claim 9 recites “the mold” which lacks antecedent basis. The Examiner suggests the following amendments: “one of the molds”.
Claims not listed above are rejected as being dependent upon a rejected claim.
For further examination purposes, the scope of the claims are read in light of the suggested Examiner amendments.
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, 5 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 4-100825.
(Claims 1, 5, 9) JP 4-100825 (paragraph references are to the English translation of JP 6-039954 attached to this Office Action, which is the publication of the examined application of JP 4-100825) teaches an injection molding machine (fig. 1) comprising:
an injection device 15, 19; and
a mold clamping device,
wherein the mold clamping device comprises:
a fixed platen 7, and
a movable platen 21 configured to move forward and rearward with respect to the fixed
platen 7,
wherein the fixed platen 7 and the movable platen 21 are provided with a pair of molds 11, 25,
wherein one of the molds has a guide pin 29 configured to guide mold closing,
wherein the guide pin 29 is housed in a guide pin housing hole 27 formed in a parting line between the molds 11, 25 (fig. 1) and is configured to be driven by a predetermined threaded drive mechanism (fig. 4; [0013]-[0014]), and
wherein the guide pin 29 is configured to protrude its tip end from the parting line and to retract into the guide pin housing hole 27 by the threaded drive mechanism (figs. 1-4; [0008]-[0014]).
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.
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(s) 3-4 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 4-100825 in view of Yamaguchi et al. (US 2014/0202652) and JP 7-003897.
JP 4-100825 discloses the apparatus substantially as claimed, as mentioned above, except for the limitations of claims 3-4 and 7-8.
(Claims 3, 7) Yamaguchi et al. (US 2014/0202652) disclose an injection molding machine (see Background Art), wherein alternative actuation devices include a hydraulic drive mechanism [0030]-[0031] and a threaded drive mechanism ([0050]-[0051], screw, threaded nut),
wherein the hydraulic drive mechanism comprises a fluid cylinder,
wherein the fluid cylinder includes:
a cylinder portion 19; and
a piston portion 19p having an increased diameter at a rear end portion of a piston 19a,
wherein the fluid cylinder 19 has two fluid supply ports, a supply of a fluid (hydraulic oil) from one of the fluid supply ports causing the piston to move forward, and a supply of a fluid (hydraulic oil) from the other of the fluid supply ports causing the piston to retreat (fig. 1a; [0030]-[0031], hydraulic oil is supplied to the head-side chambers (obvious, if not inherent, through a fluid supply port) of the actuating cylinders 19 to move the pistons 19p forward; in contrast, hydraulic oil is supplied to the rod-side chambers (obvious, if not inherent, through a fluid supply port) of the actuating cylinders 19 to move the pistons 19p backward).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the threaded drive mechanism of JP 4-100825 with a hydraulic drive mechanism, as recited by Yamaguchi et al. (US 2014/0202652), because such a modification is known in the art and would provide an alternative configuration for actuating the guide pin.
JP 7-003897 (paragraph references are to the English translation attached to this Office Action) discloses an injection molding machine [0002],
wherein a piston portion (pin) 4, 5 is housed in a pin housing hole (figs. 1-2),
wherein a hydraulic drive mechanism comprises a fluid cylinder,
wherein the fluid cylinder includes:
a cylinder portion 3 having an increased diameter at an inner portion of the
pin housing hole (figs. 1-2); and
the piston portion having an increased diameter at a rear end portion 5 of the
pin,
wherein the fluid cylinder has two fluid supply ports 10, 11, a supply of a fluid (from oil tank 17)) from one (10) of the fluid supply ports causing the pin to move forward, and a supply of a fluid (from oil tank 17) from the other (11) of the fluid supply ports causing the pin to retreat into the guide pin housing hole (figs. 1-2; Overview; [[0006]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the hydraulic drive mechanism with a hydraulic drive mechanism, as recited by JP 7-003897, because such a modification is known in the art and would provide an alternative configuration for the hydraulic drive mechanism known to be operable in the art.
As to claim 4 and 8, both Yamaguchi et al. (US 2014/0202652) and JP 7-003897 disclose the hydraulic drive mechanism, wherein the fluid cylinder is a hydraulic cylinder, and
the fluid is pressurized oil, as mentioned above.
Claim(s) 2, 6, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 4-100825 in view of Yamaguchi et al. (US 2014/0202652) and Hehl (US 4,846,652).
JP 4-100825 discloses the apparatus substantially as claimed, as mentioned above, except for the limitations of claims 2, 6 and 10.
(Claim 2, 6, 10) Yamaguchi et al. (US 2014/0202652) disclose an injection molding machine (see Background Art), wherein alternative actuation devices include a hydraulic drive mechanism [0030]-[0031] and a threaded drive mechanism ([0050]-[0051], screw, threaded nut),
wherein the hydraulic drive mechanism comprises a fluid cylinder,
wherein the fluid cylinder includes:
a cylinder portion 19; and
a piston portion 19p having an increased diameter at a rear end portion of a piston 19a,
wherein the fluid cylinder 19 has two fluid supply ports, a supply of a fluid (hydraulic oil) from one of the fluid supply ports causing the piston to move forward, and a supply of a fluid (hydraulic oil) from the other of the fluid supply ports causing the piston to retreat (fig. 1a; [0030]-[0031], hydraulic oil is supplied to the head-side chambers (obvious, if not inherent, through a fluid supply port) of the actuating cylinders 19 to move the pistons 19p forward; in contrast, hydraulic oil is supplied to the rod-side chambers (obvious, if not inherent, through a fluid supply port) of the actuating cylinders 19 to move the pistons 19p backward).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the threaded drive mechanism of JP 4-100825 with a hydraulic drive mechanism, as recited by Yamaguchi et al. (US 2014/0202652), because such a modification is known in the art and would provide an alternative configuration for actuating the guide pin.
Hehl (US 4,846,652) disclose an injection molding machine (see title),
wherein a piston (pin) 54a, 54b is housed in a pin housing hole (figs. 3-4),
wherein a hydraulic drive mechanism comprises a hydraulic cylinder and a spring 55,
wherein the hydraulic cylinder includes:
a cylinder portion 52a, 52a’ having an increased diameter at an inner portion of the
pin housing hole (figs. 3-4); and
the piston portion having an increased diameter at a rear end portion 54a of the
pin,
the hydraulic cylinder being configured to move the pin forward with a supply of hydraulic fluid (figs. 3-4; col. 4, lines 18-54; hydraulic cylinder Z, actuation of the pistons 54a (obvious, if not inherent, that actuation of a hydraulic cylinder will include hydraulic fluid), and
wherein the spring 55 is provided to apply a force to the pin in a rearward direction, the spring 55 being configured to retract the pin into the guide pin housing hole upon stopping the supply of the hydraulic fluid (figs. 3-4; col. 4, lines 18-54).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the hydraulic drive mechanism with a hydraulic drive mechanism, as recited by Hehl (US 4,846,652), because such a modification is known in the art and would provide an alternative configuration for the hydraulic drive mechanism known to be operable in the art. As to the hydraulic fluid being pressurized oil, Yamaguchi et al. (US 2014/0202652) disclose the hydraulic drive mechanism, wherein the fluid cylinder is a hydraulic cylinder, and the fluid is pressurized oil, as mentioned above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 5712705343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.L/Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744