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 .
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi (JP2002091379).
With regards to claim 1, Takeuchi discloses a manufacturing method of a press formed part, the press formed part including at least a main body portion (9), which has a top plate portion (13) and vertical wall portions (15, 19) formed via ridge portions, and
an outward flange portion (11) formed continuously with the top plate portion, the ridge portions, and the vertical wall portions at an end portion of the main body portion, the method comprising:
an intermediate forming step of forming (either one of the first form or second forming step in Figures 1b-d) an intermediate formed part (28) having the top plate portion and the vertical wall portions formed via the ridge portions, and including a step-shaped portion bulging outward at a root portion of an outward flange corresponding portion which is to be formed into the outward flange portion; and
a target shape forming step of forming (flange portion forming step of Figure 1e) the outward flange portion by bending and raising the outward flange corresponding portion (29) of the intermediate formed part outward, and acquiring a target shape.
With regards to claim 2, Takeuchi discloses wherein in the intermediate forming step, the top plate portion, the ridge portions, the vertical wall portions, and the step-shaped portion are press formed in one step (Figure 1b or 1c).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi.
Takeuchi discloses the invention substantially as claimed except for wherein in the intermediate forming step, the step-shaped portion is press formed after the top plate portion, the ridge portions, and the vertical wall portions are press formed. It is considered to be well-known that there is a finite number of sequences in which the portions of the workpiece can be formed. It would have been obvious to one of ordinary skill in the art at the time the invention was made to form the step-shaped portion after the tope plate, ridge and vertical wall portions are formed since it would have been obvious to try this technique when choosing from a finite number of identified, predictable solutions for forming, with a reasonable expectation of success. [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further show the state of the art: US 10,265,752.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725
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