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
Applicant’s election of claims 1-3 and 5-10 in the reply filed on 07/07/2026 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)). Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the inventions, there being no allowable generic or linking claim.
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.
(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) 1-3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Treves et al. (US 8,496,466).
As to claim 1, Treves et al. (US ‘466) discloses composite material parts forming apparatus, the apparatus comprising:
- a core (top outer sleeve 271; col. 5, lines 33-37) mounted in a press mold (a top holder mount base 242; col. 4, lines 58-59);
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A nut portion (294))][AltContent: arrow][AltContent: arrow][AltContent: textbox (A core (271))][AltContent: arrow][AltContent: textbox (An insert pin)][AltContent: textbox (A press mold (242))]
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[AltContent: textbox (A barrier)][AltContent: arrow][AltContent: arrow]
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- an insert pin (a top rod 294; col. 5, lines 16-18 and lines 30-37) connected to the core (see the above annotated figure 4) and configured to secure a nut (see the above annotated figures 4-5B); and
- a barrier (a radial support surface 227; col. 8, lines 38-43) which protrudes along an edge of the core (top outer sleeve 271; col. 5, lines 33-37) with the insert pin (a top rod 294; col. 5, lines 16-18 and lines 30-37) disposed inside.
As to claim 2, Treves et al. (US ‘466) discloses the core is mounted on an upper mold of the press mold. (the top outer sleeve 271 is connected to a top holder mount base 242; col. 4, lines 11-28)
As to claim 3, Treves et al. (US ‘466) discloses the barrier (a radial support surface 227; col. 8, lines 38-43) has a circular cross section shape at the edge of the core. (Fig. 13E)
As to claim 5, Treves et al. (US ‘466) teach a sealing member (a support member 1375; col. 14, lines 57-67) fixed between the core (top outer sleeve 271) and the insert pin (a top rod 294; col. 5, lines 16-18 and lines 30-37).
As to claim 6, Treves et al. (US ‘466) disclose the insert pin comprises:
- a core connection pin portion (a top die base plate 246; col. 4, lines 56-59) in which a male thread (a top mandrel spring 295, col. 5, lines 17-19) is disposed; and
- a nut connection pin portion connected to the core connection pin portion (a top die base plate 246; col. 4, lines 56-59) with an exterior diameter larger than an exterior diameter of the core connection pin portion (a top die base plate 246; col. 4, lines 56-59).
As to claim 7, Treves et al. (US ‘466) teach the core (top outer sleeve 271; col. 5, lines 33-37) further comprises a pin engage hole (where a top rod spring 275 is positioned) having a female thread disposed on an inner surface to enable screw engagement with the core connection pin portion (a top die base plate 246; col. 4, lines 56-59).
As to claim 8, Treves et al. (US ‘466) discloses the sealing member (a support member 1375; col. 14, lines 57-67) is configured to be pressed against an edge of the pin engage hole and secured to a stepped portion between the core connection pin portion and the nut connection pin portion. (see the above annotated figs. 4 and 5B)
As to claim 9, Treves et al. (US ‘466) teach the nut comprises a cap nut that fits into the insert pin (a top rod 294; col. 5, lines 16-18 and lines 30-37). (see the above annotated figs. 4-5B)
As to claim 10, Treves et al. (US ‘466) disclose the nut is connected to the insert pin (a top rod 294; col. 5, lines 16-18 and lines 30-37) in tight fitting. (see the above annotated figs. 4-5B)
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 1-3 and 5-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,611,803. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter in the instant application and the issued patent defines a composite material parts forming apparatus, the apparatus comprising: a core (31, 131) mounted in a press mold (20); an insert pin (41) connected to the core (31, 131) and configured to secure a nut (9); and a barrier (61, 161) which protrudes along an edge of the core (31, 131) with the insert pin (41) disposed inside.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 09/19/2026
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