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 .
Election/Restrictions
In view of the amendment to the claims of group II, the restriction has been withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
figure 1 does not show numerals: prepressing lower tool 31; pressing surface 31a; station 20; fiber-forming system 100; molding 210; fiber material 11; formed part 10; molding 130; suction-side 23s; no figure 2c; as mentioned on ¶-[0119]:
Figure 6 does not show: molding 210; formed part 10; preforming 220; contacting 120; hot-pressing station 40; and membrane 32; as mentioned on ¶-[0124], as mentioned on ¶-[0124]:
Figure 7 does not show: part 10; suction heads 21; screen 22; suction tool 2, as mentioned on ¶-[0125].
Note that the objections of the drawings have been only indicated for the parts expressly claimed, i.e. the pre-pressing toll and the press-mold. It is applicant(s) burden to review the application for further corrections that could have been missed.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-6, 10-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Guenter, CH 601559 A5 (Machine Translation for the rejection).
With regard to claims 1, 4-5, 10-15 and 17-20, Guenter discloses, a molding body (28a, 28b) for a pre-pressing tool (20) for pressing three-dimensional preforms (space filled with granules in the recesses 32a, 32b figures 4 and 5 and 4th full paragraph on page 6 of the machine translation) made of a fiber-containing material (4th full paragraph on page 3), wherein the molding body (28a, 28b) consists of a deformable material (2nd full paragraph on page 6) and has a shell (frustoconical shell of 28a, 28b corresponding to the recesses 32a, 32b) which substantially reproduces the geometry of a preform to be pressed (space filled with granules in the recesses 32a, 32b;), ...wherein the molded body comprises at least one support structure made of deformable material that is formed integrally with the shell (upper, horizontal ring strut of 28a, 28b with an upper connection unit of 28a, 28b extending vertically and concentrically). As it can be seen from the annotated figure 4 below,
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the deformable material (28a, 28b) and the core, which includes the shell and the support structure are integrally formed and joined at the outer ring (reading on claims 3 and 4). Figures 4 and 5 show integrated connections to apply or extract gas (pressure or vacuum) to deform the shell to press a formed product reading on claims 17-19, and figure 4, shows a non-deformed state having a space between the shell and the skin, which has different size, reading on claim 20.
With regard to claim 2, as it can be seen from figures 4 and 5, the shell and deformable skim are different. The shell is also a microwave-permeable core (see 1st full paragraph on page 6). Note that said core cannot be made of metal, but a plastic material, that can be deformed.
Regarding to claims 5-6, figures 4 and 5 show the support structure a hole so that a gas pipe 29 is introduced and the shell is a porous structure (see 1st full paragraph on page 6).
With regard to claims 3 and 16 the annotated figure, above, shows an elevation on the outer surface of the pre-press (the shell and skin), which is connected to a piston drive (23)which press the system; see 2nd full paragraph on page 6.
It seems that Guenter teaches all the limitations of the device or at the very least the minor modification(s) to obtain the claimed system would have been obvious to one of ordinary skill in the art.
Allowable Subject Matter
Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach nor fairly suggest the use of structs in the support structure which is connected to the shell.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the art of “Mold body for a Pre-Pressing Tool for Pressing Three-Dimensional Preforms Made of a Fiber-Containing Material and Pre-Pressing Station.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A FORTUNA whose telephone number is (571)272-1188. The examiner can normally be reached MONDAY- FRIDAY 11:30 PM- 9:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE A FORTUNA/Primary Examiner, Art Unit 1748
JAF
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