Prosecution Insights
Last updated: October 26, 2026
Application No. 19/109,412

METHOD FOR INCREMENTAL SHEET FORMING USING RESILIENT TOOLING

Non-Final OA §102§103§112
Filed
Mar 06, 2025
Priority
Sep 07, 2022 — provisional 63/404,338 +1 more
Examiner
TOLAN, EDWARD THOMAS
Art Unit
3725
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Figur Machine Tools LLC
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
1066 granted / 1367 resolved
+8.0% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
1409
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1367 resolved cases

Office Action

§102 §103 §112
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. Claim 7 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. The language “generally flat” in claim 7, line 2 is indefinite because it covers other configurations than flat and it is not possible to determine a scope of the limitation flat. 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) 1,4-7 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nardone (2020/0353526). Regarding claim 1, Nardone discloses a method for incrementally forming a workpiece (80) having at least one work area (100; [0148], lines 1-5) and having first and second opposed (workpiece top and bottom, Fig. 1A) and substantially parallel surfaces positioned on an X-Y plane (82; Fig. 1A) of an X,Y,Z three-dimensional orthogonal coordinate system (Fig. 1A; [0031], lines 4-6), comprising: a. providing an apparatus having: i. a primary forming tool assembly (10) positioned adjacent to and facing the first surface of the workpiece ([0031], lines 7-9) and ii. a backing forming tool assembly (20) having a compressible and resilient surface layer (22; [0091], lines 1-4) that is positioned adjacent to and facing the second surface of the work piece ([0031], lines 9-11); wherein the primary forming tool assembly (10) and the backing forming tool assembly (20) are configured and arranged for independently moving in a predetermined sequence and pattern relative to each other ([0031], lines 11-14), and wherein the primary forming tool assembly (10) further comprises a tool shaft (12; Fig. 9B) having a tip (11; Fig. 9B) that is arranged to face toward the first surface of the workpiece (top of workpiece; Fig. 1A) and positioned opposite the backing forming tool assembly (20); b. positioning the primary forming tool assembly (10) relative to the workpiece (80) to move to a predetermined X, Y, Z coordinate so as to be adjacent to the first surface of the work piece within the work area ([0032], lines 1-4); C. positioning the backing forming tool assembly relative to the work piece to move simultaneously to a predetermined Z coordinate within the work area so as to be in contact with the second surface of the work piece and opposite the position of the primary forming tool assembly ([0032], lines 5-9); d. advancing the primary forming tool assembly toward the work piece along the Z-axis to another predetermined Z coordinate so as to cause the tip of the tool shaft to contact and exert a forming force on the first surface of the work piece at a localized area of contact within the work area ([0032], lines 9-13), thereby: i. forming the work piece into a predetermined configuration ([0032], line 14); and ii. compressing the resilient surface layer of the backing forming tool assembly to support the second surface of the work piece resulting in a localized force within the area of contact while the work piece is being formed (0032), lines 15-17); e. moving the primary forming tool assembly (10) relative to the work piece on an X-Y plane along a predetermined set of coordinates while the tip of the tool shaft remains in contacting relation with the first surface of the work piece at substantially the same Z coordinate for exerting the forming force so as to follow a predetermined path of formation substantially parallel to the X-Y plane as the work piece is consistently formed in the Z direction within the work area (81; Fig. 7; [0033], lines 1-5); f. retracting the primary forming tool assembly (10) away from the workpiece ([0033], lines 6-9); and g. repeating steps "b" through "f" to form additional paths of formation by: i) sequentially utilizing incrementally progressing values for the predetermined Z coordinates, and ii) alternating the direction of travel of the primary forming tool assembly, counterclockwise or clockwise, along successive paths of formation until the work piece is fully formed in the work area ([0033], lines 9-12). Regarding claim 4, Nardone discloses the steps of: h. providing a controller assembly (85; [0169]) being capable of simultaneously coordinating the respective positioning of the primary forming tool assembly (10) and the backing forming tool assembly (20) in relation to each other ([0169], lines 10-13); i. providing at least one sensor (86,87) to measure the amount of formation of the work piece at specified positions along the path of formation of the work piece ([0034], lines 1-6); j. comparing the measurements from the sensor (86,87) to a predetermined amount of formation at the same specified positions along the path of formation ([0034], lines 7-9); k. relaying the resulting compared measurements to the controller assembly ([0034], lines 9-11); and l. adjusting the position of at least one of the primary forming tool assembly and the backing forming tool assembly relative to preprogrammed amounts of formation along the paths of formation so as to form the work piece into the predetermined configuration ([0034], lines 11-15). Regarding claim 5, Nardone discloses the step of selecting the sensor (87) so as to be a contact type ([0168], line 5) such that the sensor measures the amount of formation of the work piece by physically contacting the work piece ([0170], lines 6-8). Regarding claim 6, Nardone discloses the step of selecting the sensor (86) to be a non-contact type ([0168], line 4) such that the sensor measures the amount of formation of the work piece without physically contacting the work piece ([0170], lines 8-10). Regarding claim 7, Nardone discloses a method for incrementally forming at least two work areas (Fig. 8A, 100; [0148], lines 4-5) of a workpiece (80) initially having a flat configuration and first and second opposed surfaces, positioned on an X-Y plane (Fig. 8A) of an X, Y, Z three-dimensional orthogonal coordinate system (Figs. 5,8A,8B; [0035], lines 1-6), comprising: a. positioning a primary forming tool assembly (10) adjacent to the first surface of the work piece in a first one of the at least two work areas (Fig. 8A; [0035], lines 7-9), the primary forming tool assembly having a tool shaft (12; Fig. 9B) comprising a tip (11, Fig. 9B) capable of forming the workpiece (80) when forcibly engaged, the tip having a hardness value that is greater than that of the work piece ([0039], lines 9-12); b. positioning a backing forming tool assembly (90) adjacent to the second surface of the work piece ([0035], lines 10-12), the backing forming tool assembly (90) capable of being moved in the Z direction ([0036], lines 5-9), the backing forming tool assembly (90) further having a compressible and resilient outer surface layer (92; [0168], lines 8-10); c. advancing the backing forming tool assembly (90) toward the workpiece (80) along the Z-axis to contact and support the second surface of the work piece opposite the position of the primary forming tool assembly ([0036], lines 4-9); d. advancing the primary forming tool assembly (10) along the Z-axis relative to the workpiece (80) to a.predetermined Z coordinate ([0036], line 11) so as to cause the tip (11) of the tool shaft (12) to engage the first surface of the workpiece (80) along a predetermined path of formation in a given direction and provide a predetermined amount of forming force thereon to form the work piece ( [0036], lines 9-13); e. maintaining the position of the backing forming tool assembly (90) to provide a reactive force on the second surface of the work piece to the forming force ([0037], lines 1-5); f. moving the primary forming tool assembly (10) relative to the work piece on the X-Y plane along a predetermined set of X-Y coordinates while the tip (11) of the tool shaft (12) remains in contacting relation with the first surface of the work piece at substantially the same Z coordinate for exerting the forming force and to follow the predetermined path of formation substantially parallel to the X-Y plane as the work piece is consistently formed in the Z direction ([0037], lines 5-10); g. positioning the backing forming tool assembly (90) along a predetermined path of formation opposite to the above given direction in tandem with the movement of the primary forming tool assembly (10) to remain substantially opposite the tip (11) of the primary forming tool assembly (10) with the workpiece (80) so as to maintain localized force on the work piece ([0037], lines 1-5); h. retracting the primary forming tool assembly (10) and the backing forming tool assembly (90) from the work piece ([0037], lines 10-12); i. re-positioning the primary forming tool assembly (10) adjacent to the first surface of the workpiece (80) in another one of the at least two work areas at a predetermined set of coordinates within the second work area adjacent to the first surface of the work piece ([0037], lines 12-14); j. repeating steps "b" through "h" successively within the other work area of the work piece ([0038], lines 16-19); k. re-positioning the primary forming tool assembly (10) adjacent to the first surface of the workpiece (80) in the first one of the at least two work areas ([0153, lines 4-9); I. repeating steps "b" through "k" to form additional paths of formation (105,106,107,108) in the at least two work areas [0157]: i) utilizing an incrementally progressing value for the forming Z coordinate ([0038], lines 15-19, and ii) alternating the direction of travel, counterclockwise or clockwise ([0133], lines 1-4), along a path of formation (101-108; [0149]) at the incrementally-progressed forming Z coordinate ([0155], lines 5-11). Regarding claim 10, Nardone discloses step m. re-positioning the primary forming tool assembly (10) adjacent to the first surface of the workpiece (80) in the first one of the at least two work areas wherein the primary forming tool assembly (10) is positioned relative to the workpiece (80) to move simultaneously to a predetermined X, Y, Z coordinate so as to be adjacent to the first surface of the workpiece (80) within the first work area ([0036], lines 1-5); n. repeating steps "b" through "k" to form additional paths of formation (103-108; Fig. 8A) in each of the at least two work areas (100) by: i) utilizing additional incrementally progressing values for the Z coordinates ([0155], lines 5-11, and ii) alternating the direction of travel, counterclockwise or clockwise, along the additional paths of formation at the incrementally progressed forming Z coordinates ([0133], lines 1-4) so that he above steps may be repeated by sequentially utilizing incrementally progressing values for the Z coordinates until the work piece is fully formed in each work area ([0038], lines 15-19). 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) 2,3,8,9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nardone (2020/0353526) in view of Ren et al. (2012/0024034). Nardone does not specifically recite alternating the direction of travel for additional tool paths. Regarding claims 2,3,8 and 9, Ren teaches (Figs. 9 and 11) that the tool path (70) in Fig. 9 configures tool movement of an incremental forming tool (32) in a clockwise direction and the tool path (70”) in Fig. 11 is in a counterclockwise direction so that different toolpaths are controlled by a controller (26). In Fig. 10 a direction of movement of the tool path (70’) is reversed from the tool path (70) in Fig. 9. Regarding claim 11, Ren teaches configuring a plurality of tool paths (Fig. 2) in a part forming area (52), to form sides (54) with areas of curvature (56) and a part (60). It would have been obvious to the skilled artisan prior to the effective filing date of the present invention move the tool of Nardone in different directions of movement and in different rotational directions as taught by Ren so that the different toolpaths start and end with the tool being positioned in opposite starting and ending positions. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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. 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, Chris Templeton can be reached at 571-270-1477. 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. /EDWARD T TOLAN/Primary Examiner, Art Unit 3725
Read full office action

Prosecution Timeline

Mar 06, 2025
Application Filed
Sep 04, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12766579
METHOD FOR MANUFACTURING BATTERY CASE OF ELECTRIC VEHICLE AND BATTERY CASE MANUFACTURED THEREBY
2y 6m to grant Granted Oct 20, 2026
Patent 12759036
A METHOD FOR FORMING A DEEP DRAW CLOSURE CAP
4y 10m to grant Granted Oct 13, 2026
Patent 12752331
WORKPIECE TRANSFER METHOD, WORKPIECE TRANSFER DEVICE, AND WORKPIECE TRANSFER PROGRAM
3y 0m to grant Granted Oct 06, 2026
Patent 12752327
THIN-WALLED COMPOSITE PIPE WITH HIGH THERMAL CONDUCTIVITY, AND PREPARATION METHOD AND APPLICATION THEREOF
1y 10m to grant Granted Oct 06, 2026
Patent 12746590
METHOD OF BENDING AND BENDING MACHINE FOR THE EXECUTION OF A METHOD OF BENDING
2y 9m to grant Granted Sep 29, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+16.0%)
2y 9m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1367 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month