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 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 8 and 9 are 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 8 recites: “wherein a workpiece to be processed by the pair of upper and lower dies is a thin metal sheet with a thickness of 1 mm or less.” Wherein statements are used to further define previously set forth elements. In this case, a wherein statement is used to further define an element that was not previously, positively set forth, which makes it unclear if the recited element is required by the claimed apparatus. It is understood that the workpiece is not a part of the press die, but something that is press formed in the die; therefore, it is unclear what is required by this claim.
Claim 9 recites: “A press-forming method of press forming a workpiece by a forming press machine using the forming press die apparatus according to claim 1.” It is unclear how the forming press machine is to be used.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schroth et al. (hereafter “Schroth”)(US 2005/0188734).
With regards to claim 1, Schroth discloses a forming press die apparatus used in a forming press machine, comprising: a pair of upper and lower dies (66, 28); and a heater (electrical resistance heating elements 64) for heating the dies.
With regards to claim 2, Schroth discloses comprising a liner (30) to which the heater is attached and which is a separate member from the pair of upper and lower dies(66, 28), as seen in at least Figure 1.
With regards to claim 3, Schroth discloses wherein the pair of upper and lower dies includes an upper die (66) and a lower die (28),
wherein the die apparatus comprises:
an upper holder (14) for holding the upper die of the pair of upper and lower dies; and
a lower holder (12) for holding the lower die of the pair of upper and lower dies,
wherein the liner includes:
an upper liner (30’) held by the upper holder together with the upper die; and
a lower liner (30) held by the lower holder together with the lower die, and wherein the heater is attached to each of the upper liner and the lower liner, as seen in in Figure 1.
With regards to claim 4, Schroth discloses wherein the upper liner (30’) is held above the upper die (66) by the upper holder (14), and wherein the lower liner (30) is held below the lower die (28) by the lower holder (12), as seen in Figure 1.
With regards to claim 5, Schroth discloses wherein the upper liner (30’) is held detachably by the upper holder (14), and wherein the lower liner (30) is held detachably by the lower holder (12), as discussed in at least paragraph 0014.
With regards to claim 6, Schroth discloses wherein the upper liner and the lower liner have holes for placement of the heater, as seen in Figure 1, heaters 46 are embedded in plate 30, paragraph 0016 and 0020].
With regards to claim 7, Schroth discloses wherein a surface temperature of a press surface of the pair of upper and lower dies heated by the heater is 80 C or lower [less than 54 C, paragraph 0017].
With regards to claims 8 and 9, as best understood, Schroth discloses a press that is capable of processing a workpiece that is a thin metal sheet with a thickness of 1 mm or less.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further show the state of the art: 5,277,045.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher 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.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725
