DETAILED ACTION
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 3-5 is 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. Claim 3 sets forth “a sixth die” in line 3, “a fourth die” in line 4 and “a fifth die” in line 5, the scope of these limitations is not ascertainable since no first, second, third etc. die is claimed in claim 1. Claim 4 claims “the fourth die” and the “sixth die” in lines 2 and 3. Claim 5 claims “the fourth die” and “the sixth die” in line 6.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9 and 10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 9 and 10 are claiming installation on a vehicle and do not further limit a method of press forming. It is not possible to determine a scope of the installation claimed in claim 9 since no vehicle structure and no installation steps are positively claimed. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-7,9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tao et al. (2023/0302519). Tao discloses forming a press formed product (40; Fig. 3, P23) extending in a longitudinal direction (into the page; Fig. 3) comprising a top plate (33) which is an elongated plate shape portion extending in the longitudinal direction and two walls (44,45) protruding in a vertical direction from the top plate (33) on a first side of the top plate. Tao discloses forming a first formed product (2; Fig. 2, P11 and P12) wherein punch piece (13; P11) works with die (12) to form a preliminary top plate (where the down arrow is; Fig. 2; P12), an inclined section (where 2 is pointing Fig. 2; P12) and a flat section (between blank holders; 10,11). Tao discloses forming a second formed product (30) being a member extending in the longitudinal direction (into the page; Fig. 2; P13), including the preliminary top plate (33); the inclined section (35); and a preliminary vertical wall (32) that is a wall-like portion (32; Fig. 2, P13) protruding on the first side from the end of the inclined section (35) opposite the preliminary top plate (33), the preliminary vertical wall (32) being formed by deforming the flat section (between blank holders, 10,11) while the preliminary top plate (where the down arrow is; Fig. 2; P12) and the inclined section (where 2 is pointing Fig. 2; P12) in the first formed product (2) are held between dies (11,12; Fig. 2, P13).
Regarding claim 2, the first formed product (2; Fig. 2, P12) is formed by holding the blank material between a first die (12) disposed on the first side and a second die (13) disposed on a second side opposite the first side, and the preliminary vertical wall (35) is formed by pressing the flat section from the second side with a third die (11; Fig. 2, P13) disposed on the second side while the preliminary top plate (33) and the inclined section (35) in the first formed product are held between the first die (12) and the second die (13).
Regarding claim 3, Tao discloses that press-formed product (40) is formed with a fourth die (14) disposed on the second side, a fifth die (16) disposed on the first side and a sixth die (15) disposed on the first side, the fourth die (14) and the fifth die (16) are configured to hold the preliminary top plate (33; [0020], 3-5).
Regarding claim 4, the fourth die (14), the fifth die (16) and the sixth die (15) are configured to form the top plate (33), inclined section (35) and vertical wall (32) of the second formed product (30; Fig. 3, P22) into the final formed product (40; Fig. 3, P23).
Regarding claim 5, the sixth die (15; Fig. 3, P22) is actuated to form a flange portion (49,47) in the final press form product (40) from the vertical wall (32) of the second formed product.
Regarding claim 6, after press forming the first formed product (2), the second formed product (30) and the final formed product (P4; Fig. 1), a first distance (length of wall, 44) and a second distance (length of wall, 45) on either ends of the top plate (43) are approximately equal, it is not apparent from the claim what approximately is, but the distances in (Fig. 1; P4) are about the same.
Regarding claim 7, the second formed product (Fig 2; P13) has a flat top plate (33) and a curved section between the top plate and the inclined section (35).
Regarding claims 9 and 10, the product is installable on a vehicle since it’s an elongate beam (1).
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) 8 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Tao et al. (2023/0302519) in view of Ogiwara et al. (JP 2020-116601). Tao does not specifically recite that the workpiece has a tensile strength of 980 MPa or more. Ogiwara teaches ([0012],[0042]) that press formed products (1) have a tensile strength of 980 MPa. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to form the press product of Tao to be at least 980 MPa as taught by Ogiwara so as to produce a high strength steel press formed product.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Choi et al. (KR 20200050197) discloses the first formed product (9; Fig. 1b) being a member extending in the longitudinal direction (into the page, Figs. 1a-1d) comprising a preliminary top plate (underneath 7; Fig. 1b) that is an elongated plate-shaped portion extending in the longitudinal direction; an inclined section (formed by punch face; 5c; Fig. 1b) that is a plate portion extending in a curved manner on the first side (underside; Fig. 1a) from a first end (left end; Fig. 1b) of the preliminary top plate (underneath 7; Fig. 1b) in a width direction (left to right; Fig. 1a) of the preliminary top plate; and a flat section (to the left of inclined section) that is a plate-shaped portion (section of workpiece extending beyond the punch face 5c; Fig. 1b) extending from an end of the inclined section () opposite the preliminary top plate (underneath 7). Choi discloses a second formed product (Fig. 1c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725
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