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 Status
The status identifiers for claims 1-6 are missing and should be amended. Applicant is reminded of the need to comply with 37 CFR 1.121. The examiner notes that the 01/14/2025 claim set does not include status identifiers to indicate amended claims.
Drawings
The drawings are objected to because “10” in Figure 6 is pointing to a component different from “10” in Figure 5, even though Figure 6 is the same diagram as Figure 5 but in the retracted state, and thereby should have the same components numbered in the same manner. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 5 is objected to because of the following informalities: the phrase “the two lower ring cylinders (50)” in line 2 should be written as –the two lower ring cylinders— for consistency in claim language to remove the reference to figures in parentheses as in the rest of the claims. Appropriate correction is required.
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.
(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 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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fujieda et al. (US 20090139659).
Regarding claim 1, Fujieda discloses a column-and-tie-rod-type tire vulcanization machine electric center mechanism, comprising: a lower mold (Figs. 1, 3-4: 3, 4, 5, 8b), wherein a center of the lower mold has a clearance notch (Figs. 1, 3-4: see space/clearance notch formed at center of lower mold around center mechanism), and a position of the lower mold is fixed (Figs. 1, 3-4: see how lower mold remains fixed throughout movements); a ring seat cylinder head (Figs. 1, 3-4: 12), wherein a center mechanism bladder lower clamp plate (Figs. 1, 3-4: 8a) is configured to be mounted on the ring seat cylinder head, and a center of the ring seat cylinder head has a central hole (Figs. 1, 3-4: see how 12 necessarily has a hole in the center for the center mechanism to go through); a lower base plate (Figs. 1, 3-4: 26, 27); an upper mounting mechanism (Fig. 4: 7, 9, 10), wherein a center mechanism bladder upper clamp plate (Fig. 4: 7, 7b) is configured to be mounted on the upper mounting mechanism; and a lower ring cylinder (Figs. 1, 3-4: 15), wherein an upper part of the lower mold (Figs. 1, 3-4: 3, 4, 5, 8b) is provided with the ring seat cylinder head (Figs. 1, 3-4: 12), a lower part of the lower mold is connected to the lower base plate (Figs. 1, 3-4: 26, 27) by the lower ring cylinder (Figs. 1, 3-4: see how lower part of lower mold is connected to 26, 27 via cylinder 15), a distance between the lower mold (Figs. 1, 3-4: 3, 4, 5, 8b) and the lower base plate (Figs. 1, 3-4: 26, 27) is driven and guided by the lower ring cylinder (Figs. 1, 3-4: 15) ([0051]-[0055]), and the lower base plate (Figs. 1, 3-4: 26, 27) is connected to a lower part of the ring seat cylinder head (Figs. 1, 3-4: 12) by a guide rod (Figs. 1, 3-4: 13); and wherein the lower base plate (Figs. 1, 3-4: 26, 27) is provided with a vertically arranged ball screw (Figs. 1, 3-4: 16), a ball nut (Figs. 1, 3-4: 19) surrounds the ball screw, the ball nut is integrated at a lower part of a central rod (Figs. 1, 3-4: 11), a lower middle part of the central rod is a hollow cylinder (Figs. 1, 3-4: 11) ([0050]), an upper part of the central rod (Figs. 1, 3-4: 11) passes through the central hole of the ring seat cylinder head (Figs. 1, 3-4: 12) and is securely connected to the upper mounting mechanism (Figs. 1, 3-4: 7, 9, 10), and a lower part of the ball screw (Figs. 1, 3-4: 16) is configured to be connected to an electric device (Figs. 1-4: 50; Fig. 2: 32) ([0090]-[0091]: wherein the motor and reducer controlling the electric power failure necessarily makes them part of an electric device).
Regarding claim 2, Fujieda further discloses a fixed sleeve (Figs. 1, 3-4: see sleeve that is provided in space of clearance notch and is screwed to 4) is disposed at the clearance notch of the lower mold, the fixed sleeve is securely connected to the lower mold (Figs. 1, 3-4: 3, 5, 8b), a center of the fixed sleeve has a hollow guide sleeve (Figs. 1, 304: 17), and the central rod (Figs. 1, 3-4: 11) passes through the hollow guide sleeve (Figs. 1, 3-4: 17) and the central hole of the ring seat cylinder head (Figs. 1, 3-4: 12) and protrudes upwards.
Regarding claim 3, Fujieda further discloses an upper surface of the fixed sleeve is configured to define a lower limit position of the ring seat cylinder head in a mold closing state (Fig. 4: see how 12 cannot go lower than fixed sleeve from claim 2 above).
Regarding claim 4, Fujieda further discloses a lower part of the guide rod (Figs. 1, 3-4: 13) passes through a corresponding lateral end of the ball nut (Figs. 1, 3-4: 19).
The examiner notes Fujieda illustrates that the guide rod (Figs. 1, 3-4: 13) passes through a corresponding lateral end of the ball nut at approximately a half way point. The examiner notes that a lower part of the guide rod is very broad and encompasses passing through the ball nut at the middle of the rod and lower as it is the lower half and thereby the lower part of the rod. The claim language does not expressly define the boundaries of what a “lower part” is. Additionally, case law holds that shifting the position of a component would have been obvious absent a showing that the rearrangement modified the operation of the device. See MPEP 2144.04. In this case, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to merely shift the ball nut down lower on the central rod.
Regarding claim 5, Fujieda further discloses two lower ring cylinders (Figs. 1, 3-4: 30, 31) are provided, the two lower ring cylinders are arranged on two sides of the central rod (Figs. 1, 3-4: 11), a lower piston rod (Figs. 1, 3-4: 30) of each of the two lower ring cylinders is securely connected (Figs. 1, 3-4: 28, 29) to a corresponding position of the lower base plate (Figs. 1, 3-4: 26, 27) ([0055]), and the lower base plate (Figs. 1, 3-4: 26, 27) is securely connected to a lower position of the ring seat cylinder head (Figs. 1, 3-4: 12) by the guide rod (Figs. 1, 3-4: 13).
Regarding claim 6, Fujieda further discloses the electric device comprises a servo motor (Fig. 2: 32) and a reducer (Figs. 1-4: 50) ([0055]), wherein an output end of the servo motor (Figs. 2: 32) is connected to a lower end of the ball screw (Figs. 1, 3-4: 16) by the reducer (Figs. 1-4: 50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawahara et al. (US 4368015) discloses a column-and-tie-rod-type tire vulcanization machine electric center mechanism (Figs. 1-4), comprising: a lower mold (Figs. 1-4: 2), wherein a center of the lower mold has a clearance notch (See annotated Fig. below), and a position of the lower mold is fixed (Figs. 1-4: see how lower mold 2 stays fixed); a ring seat cylinder head, wherein a center mechanism bladder lower clamp plate (Figs. 1-4: 22) is configured to be mounted on the ring seat cylinder head, and a center of the ring seat cylinder head has a central hole (Figs. 1-4: see how rod 17 and center mechanism go through ring seat cylinder head and thereby must have a central hole); a lower base plate (See annotated Fig. below); an upper mounting mechanism, wherein a center mechanism bladder upper clamp plate is configured to be mounted on the upper mounting mechanism (See annotated Fig. below); and a lower ring cylinder (Figs. 1-4: 13), wherein an upper part of the lower mold is provided with the ring seat cylinder head (See annotated Fig. below), a lower part of the lower mold (Figs. 1-4: 2) is connected to the lower base plate by the lower ring cylinder (Figs. 1-4: 13), a distance between the lower mold and the lower base plate is driven and guided by the lower ring cylinder (Figs. 1-4: see how mold 2 moves along guide cylinder 13 away from and toward lower base plate), and the lower base plate is connected to a lower part of the ring seat cylinder head by a guide rod (Figs. 1-4: 17); and wherein the lower base plate is provided with a vertically arranged ball screw (Figs. 1-4: 35), a ball nut (Figs. 1-4: 37) surrounds the ball screw, a lower middle part of the central rod is a hollow cylinder (Col. 3 lines 34-36), an upper part of the central rod (Figs. 1-4: 17) passes through the central hole of the ring seat cylinder head and is securely connected to the upper mounting mechanism (See annotated Fig. below) (Col. 3 lines 36-38), and a lower part of the ball screw (Figs. 1-4: 35) is configured to be connected to an electric device (Figs. 1-4: 34, 36, 39, S) (Col. 3 lines 52-57; Col. 6 lines 15-29; Col. 7 lines 35-42).
Kawahara further illustrates that the ball nut (Figs. 1-4: 37) is integrated approximately half way of the central rod (Figs. 1-4: 17). The examiner notes that a lower part of the central rod is very broad and encompasses a ball nut that is integrated at the middle of the rod and lower as it is the lower half and thereby the lower part of the rod. The claim language does not expressly define the boundaries of what a “lower part” is. Additionally, case law holds that shifting the position of a component would have been obvious absent a showing that the rearrangement modified the operation of the device. See MPEP 2144.04. In this case, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to merely shift the ball nut down lower on the central rod.
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Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEDEF PAQUETTE whose telephone number is (571) 272-5031. The examiner can normally be reached on Monday - Friday 8:00 AM EST - 4:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KATELYN SMITH can be reached on (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. The fax phone number for the examiner is (571) 273-5031.
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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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