DETAILED ACTION
Claim Rejections - 35 USC § 102
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) 6-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara et al (US Pat No 9,914,604).
Regarding claim 6, Fujiwara discloses a separating device for separating plastically deformable plate-like metal sheets of a sheet stack, wherein the metal sheets are arranged adjacent to one another and are aligned with sheet main planes parallel to one another, the separating device comprising a dividing device configured to separate two metal sheets adjacent to one another in the sheet stack at a sheet edge by generating a separating gap formed between the two sheets (shown in figures 2A and 2B),
wherein the dividing device comprises: a forming tool (22) comprising a forming unit and a forming unit drive (232),
wherein the forming unit of the forming tool is capable of being delivered into an operationally ready position laterally next to the sheet stack, and
wherein the forming unit delivered into the operationally ready position is capable of being moved by the forming unit drive from the operationally ready position with an operational movement parallel to the sheet main plane against an end side of the sheet edge of at least one sheet of the workpieces adjacent to one another in the sheet stack, thereby compressing the at least one sheet at the sheet edge and generating an edge-side thickened portion of the sheet edge which protrudes perpendicular to the sheet main plane with respect to a remaining portion of the at least one workpiece, wherein the at least one sheet is at least inhibited against an evasive movement caused by the operational movement of the forming unit (as shown in figures 2A and 2B).
Regarding claim 7, Fujiwara discloses the forming unit drive comprises a drive (spring 231) and a switchable drive lock (e.g. cam 232), the forming unit is pretensioned in the operationally ready position as the drive lock is switched into a locked state by the drive for movement in a direction of the operational movement, and the forming unit pretensioned in the operationally ready position for movement in the direction of the operational movement is capable of being released by switching the drive lock from the locked state into a released state in order to perform the operational movement.
Regarding claim 8, Fujiwara discloses the forming unit tapers in a direction of the operational movement (e.g. shown in figure 8).
Regarding claim 9, Fujiwara discloses the forming unit has, on a sheet side, a forming unit height, so that the forming unit extends perpendicular to the sheet main plane over a plurality of workpieces that are adjacent to one another in the sheet stack (shown in figure 2).
Regarding claim 10, Fujiwara discloses the forming unit drive comprises a linear drive (e.g. cam 232), wherein the forming unit delivered into the operationally ready position is capable of being moved by the linear drive with a linear operational movement against the end side of the sheet edge of the at least one sheet (shown in figure 2).
Regarding claim 11, Fujiwara discloses a delivery device (23, 24) configured to deliver the forming unit of the forming tool into the operationally ready position.
Regarding claim 12, Fujiwara discloses the delivery device comprises a guide device (243), wherein the forming tool is capable of being delivered in a guided manner through the guide device into a tool position which is assigned to the operationally ready position of the forming unit.
Regarding claim 13, Fujiwara discloses an additional dividing device (shown in figure 4), wherein the separating gap generated by the forming tool is capable of being increased in size by the additional dividing device.
Claim(s) 6-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tadashi (JPS632247).
Regarding claim 1, Tadashi discloses a method for separating plastically deformable metal sheets (as noted, copper or aluminum) of a sheet stack, wherein the sheets are arranged adjacent to one another and are aligned with sheet main planes parallel to one another, the method comprising:
separating two adjacent sheets from one another by generating a separating gap between the adjacent sheets at a sheet edge,
wherein the generating the separating gap comprises:
acting upon at least one sheet of the two adjacent sheets by a force at an end side of the sheet edge of the at least one sheet parallel to a respective sheet main plane, thereby compressing and plastically deforming the at least one sheet with formation of an edge-side thickened portion that projects perpendicular to the respective sheet main plane with respect to a remaining portion of the at least one sheet, wherein, as the at least one sheet is acted upon by the force, the at least one sheet is at least inhibited against an evasive movement caused by the force (as shown and described in relation to fig. 3).
Regarding claim 2, Tadashi discloses the sheet is acted upon by the force impulsively at the end side of the sheet edge parallel to the sheet main plane (shown in figure 3).
Regarding claim 3, Tadashi discloses the metal sheets are arranged on top of each other in a direction of gravity in the sheet stack, wherein the at least one metal sheet which is acted upon by the force parallel to the sheet main plane is at least inhibited against the evasive movement by a weight of at least one further metal sheet arranged above the at least one metal sheet (shown in figure 3).
Regarding claim 4, Tadashi discloses delivering a forming unit (5) of a forming tool laterally next to the sheet stack into an operationally ready position, and moving the forming unit from the operationally ready position with an operating movement against the end side of the sheet edge, wherein as a result of the operating movement, the edge-side thickened portion on the at least one metal sheet is generated (i.e. inherent since when you create a notch like that, the area around the notch will be thickened).
Regarding claim 5, Tadashi discloses the acting upon at least one metal sheet comprises simultaneously acting upon a plurality of metal sheets which are adjacent to one another in the sheet stack, thereby each metal sheet of the plurality of metal sheets is compressed and plastically deformed with the formation of a respective edge-side thickened portion (shown in figure 3).
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.
Claim(s) 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara et al in view of JP6-18348 (hereafter ‘348).
Regarding claim 14, Fujiwara discloses the claimed separating device of claim 11. It is noted that Fujiwara fails to disclose the handling device which includes a feeding device and delivery device. However, ‘348 discloses a handling device (11), wherein a sheet separated by a separating device (45) is capable of being moved to the functional unit of the mechanical arrangement, wherein the handling device of the feeding device is provided as the delivery device of the separating device. It would have been obvious to one having ordinary skill at the time to have modified the device taught by Fujiwara with the teachings of ‘348 to achieve the predictable result of using a single device to provide the apparatus as a singular unit and thereby more effectively separate and feed workpieces.
Regarding claim 15, the combination discloses the handling device has a supporting structure with holding devices for fixing a sheet to be moved to the functional unit of the mechanical arrangement, the forming tool of the separating device is provided on the supporting structure of the handling device, and the forming unit of the forming tool of the separating device is capable of being delivered by a delivery movement of the supporting structure of the handling device into the operationally ready position.
Regarding claim 16, the combination discloses a functional unit (10 of Fujiwara), and a feeding device as claimed in claim 14 for feeding the functional unit with a plastically deformable plate-like workpiece.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to the applicant’s amendment of claims 1-5, the applicant’s method claims amendments to the material being worked upon changes the scope, and method claims require the material being worked upon to be taught (i.e. material worked upon in a method claim imparts patentability to the claimed invention).
Applicant's arguments filed 3/20/26 have been fully considered but they are not persuasive.
Contrary to the above noted method, the applicant’s apparatus claims reciting the material being worked upon doesn’t impart patentability (see MPEP section 2115), the structure of the apparatus is the claimed invention wherein if the structure works on paper, sheet metal, wafers or other items considered to be “sheet material” and satisfies the structural requirements, it meets the claim limitations. It is noted there are fundamental differences between the prior art and the applicant’s invention, and how it relates to the material worked, however these claim amendments are addressed in the new rejection of claims 1-5 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patrick Cicchino whose telephone number is (571)270-1954. The examiner can normally be reached Monday-Friday, 8:30AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patrick Cicchino/Primary Examiner, Art Unit 3619
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