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 Objections
Claims 7 and 9 are objected to because of the following informalities: these claims do not recite a dependency but do not appear to be independent. Appropriate correction is required.
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) 1-4, and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shigyo (US PG-pub 20100288950).
Regarding claim 1-4 and 11-13 Shigyo teaches a control unit of plate-form construction (fig. 1), comprising:a control plate arrangement having:at least two control plates 2, 6, between which an intermediate element 4 is arranged, the intermediate element having apertures (ends 46) and bears with a first sealing face against a first control plate 2 of the at least two control and plates and with a second sealing face against a second control plate 6 of the at least two control plates, and an electrical conductor device 46a, 46b is incorporated configured into the intermediate element 4; (claim 11) an electrical conductor device 46b with a plastic material (epoxy resin; para. 0071); (claims 2 and 12) a through hole 46 extending through both the electrical conductor device and the plastic material (resin epoxy; para. 0073), the through hole providing a hydraulic resistance (to the extent of applicant’s device); (claim 3) electrical conducter device 46 is formed of a metallic material (para. 0073); (claims 4 and 13) the electrical conductor device is designed as a lead frame (para. 0073).
Regarding the recitation “… overmolded”, the term “overmolded” is considered to be directed to the method of manufacture of the claimed structure in this apparatus claim. As set forth in M.P.E.P. §2113:
“M.P.E.P. §2113 Product by Process Claims [ R-1 ]
PRODUCT-BY-PROCESS CLAIMS ARE NOT LIMITED TO THE MANIPULATIONS OF THE RECITED STEPS, ONLY THE STRUCTURE IMPLIED BY THE STEPS
"Even though product-by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe , 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).
Allowable Subject Matter
Claims 5-6, 8, and 14-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Shigyo fails to disclose (claim 5) functioning as the reinforcement is formed from a stamping waste material; (claim 14) he plastic material of the lead frame further comprises a region reinforced by metal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to P. MACADE NICHOLS whose telephone number is (571)270-5428. The examiner can normally be reached Mon-Fri 9:00-5:00 P.M..
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/P. MACADE NICHOLS/Primary Examiner, Art Unit 3753
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