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 claims 10-17 in the reply filed on 05/06/2026 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)).
Claim 18 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 in the reply filed on 05/06/2026.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10-17 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-22 of copending Application No. 18/846,617 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are encompassed by Application No. 18/846,617.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10, 12, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LO (2007/0201138).
Regarding claims 10, 12, 13, and 15, discloses a method of producing a polymer molding comprising:
a) placing a polymer film ([0083]-[0084]; 54) onto a base frame (57b) having a first through opening (59) such that the polymer film (54) fully covers the first through opening (59) and lies on an edge zone (57b-Fig.5a) of a top side of the base frame that bounds the first through opening (57-Fig.5a; [0074]);
b) heating the polymer film lying on the base frame (with fluidic medium ranging over 100ºC [0057]); and
c) contacting the polymer film that lies on the base frame, which has been heated in step (b), with a fluid pressure medium [0057] such that the polymer film is pressed against a mold and hence formed into the polymer molding [0100],
wherein a tension frame having a second through opening (58) is positioned in step (a) on the polymer film lying on the base frame such that the tension frame (57a) presses and hence fixes the polymer film against the top side of the base frame (57b) in the region of the edge zone, and in that the second through opening of the tension frame lies at least partly opposite the first through opening of the base frame,
wherein step (b) is conducted with the polymer film fixed between the base frame and the tension frame (Fig.5a),
wherein the forming of the polymer film in step (c) is conducted in a pressure chamber [0109],
and wherein the pressure chamber is formed via a wall (51a, 51b) surrounding the mold that presses the base frame against the polymer film and hence the latter against the tension frame, such that both the tension frame is part of the pressure chamber and the base frame is part of the pressure chamber [0109].
Claim(s) 10-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NIEBLING, JR.et al. (5,108,530-of record).
Regarding claims 10, 12, 13, and 15, NIEBLING, JR.et al. discloses a method of producing a polymer molding comprising:
a) placing a polymer film (18) onto a base frame (10) having a first through opening (6) such that the polymer film (18) fully covers the first through opening (6) and lies on an edge zone (Fig.2) of a top side of the base frame that bounds the first through opening (Fig.2; C7:L17-56);
b) heating the polymer film lying on the base frame (with heating channels-19); and
c) contacting the polymer film that lies on the base frame, which has been heated in step (b), with a fluid pressure medium (C7:L30) such that the polymer film is pressed against a mold and hence formed into the polymer molding (Fig.5),
wherein a tension frame having a second through opening (9) is positioned in step (a) on the polymer film lying on the base frame such that the tension frame presses and hence fixes the polymer film against the top side of the base frame in the region of the edge zone (20), and in that the second through opening of the tension frame lies at least partly opposite the first through opening of the base frame (Fig.2),
wherein step (b) is conducted with the polymer film fixed between the base frame and the tension frame (Fig.2),
wherein the forming of the polymer film in step (c) is conducted in a pressure chamber (8-Fig.2),
and wherein the pressure chamber is formed via a wall surrounding the mold that presses the base frame against the polymer film and hence the latter against the tension frame, such that both the tension frame is part of the pressure chamber and the base frame is part of the pressure chamber (Fig.2).
Regarding claim 11, NIEBLING, JR.et al. discloses the forming in step (C) is conducted isostatically (claim 1).
Regarding claim 14, NIEBLING, JR.et al. discloses stop elements (16-Fig.1).
Regarding claim 16, NIEBLING, JR.et al. discloses pins (17) at the edge zone (Fig.2).
Regarding claim 17, NIEBLING, JR.et al. discloses the plastic sheet (18) is clamped between mold half (9) and frame (20) (C7:L41-57; Fig.1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) Gerletz (US 3,114,934) discloses pressure forming apparatus for thermoplastic sheet material.
b) LI et al. (CN 117383800) discloses lens compression moulding system and method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STELLA KIM YI whose telephone number is (571)270-5123. The examiner can normally be reached Monday-Friday 8:00-5:00 EST.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/ Primary Examiner, Art Unit 1742
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