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 .
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 1-9 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.
As to claim 1, applicant claimed hybrid casting, which is known to have a solid in-cast material inside the mold followed by molten metal to be poured into the mold and solidified with the solid in-cast metal. However, the claim also requires that the molten metal is cast around a core (3) with separating agent on the core. Applicant used “and/or” throughout claim 1. Therefore, the examiner is taking the position that the claimed invention is casting around the core (3) with separating agent on the core for separation. If this is an incorrect interpretation, applicant needs to amend and correct the claimed invention.
As to claim 6, it is unclear what is the scope of the claimed invention. It will be assumed that the applicant is claiming a lubricant as the separating agent.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohr (US 2014/0190649).
As to claim 1, Mohr discloses a method of hybrid casting comprising the steps of:
Providing an insert (#48 figure 15)
Preheating the mold with the insert (inherent steps for casting)
Providing a core (68)
Filling molten metal into the cope and drag (figure 15)
The core (68) has separating agent (inherent for casting) for separating the solidified cast piece.
As to claim 2, the insert (48) is different from the cast-in piece (molten metal).
As to claim 3, the separating agent known in the casting art is preferable to be either ceramic in liquid, solid, or foam form.
As to claim 4, the separating agent would normally be removed mechanically.
As to claim 5, the separating agent would be removed chemically.
As to claims 6-9, the separating agent in the casting industry is either lubricant, ceramic material, or suitable materials that are applied by brushing or spraying.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Len Tran whose telephone number is (571)272-1184. The examiner can normally be reached Monday-Friday, 8am - 4pm.
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/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
