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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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(s) 1-5 is/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 1 recites the limitation “molding device that molds a plate-shaped workpiece, which is a composite material, such that a cross section, when the workpiece is cut at the cross section orthogonal to a longitudinal direction, has a predetermined shape” which is indefinite. The term “predetermined shape” makes it difficult to ascertain the subject matter for which protection is sought. A workpiece will always have a cross-section with a predetermined shape especially after a molding step. It is unclear how the term “predetermined” limits the shape. Also, the language “when the workpiece is cut” makes it difficult to ascertain the subject matter for which protection is sought. Is the cut an imaginary or physical cut? The limitation has been examined below as broad as possible and as best understood.
Claim(s) 2-4 is/are rejected as being dependent from claim 1 and therefor including all the limitation thereof.
Claim 5 recites the limitation “molding method for molding a plate-shaped workpiece … such that a cross section, when the workpiece is cut at the cross section orthogonal to a longitudinal direction, has a predetermined shape” which is indefinite. The term “predetermined shape” makes it difficult to ascertain the subject matter for which protection is sought. A workpiece will always have a cross-section with a predetermined shape especially after a molding step. It is unclear how the term “predetermined” limits the shape. Also, the language “when the workpiece is cut” makes it difficult to ascertain the subject matter for which protection is sought. Is the cut an imaginary or physical cut? The limitation has been examined below as broad as possible and as best understood.
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.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chapman (US 20170008217 – of record).
Regarding claim 1, Chapman discloses a molding device (apparatus) that molds a plate-shaped workpiece (34), which is a composite material (P0007, 0035, Fig. 3), such that a cross section, when the workpiece is cut at the cross section orthogonal to a longitudinal direction, has a predetermined shape (P0033, Figs. 1-2), the molding device comprising:
a fixing portion (42 and 54) that fixes a fixed portion (central portion), which is a part of the workpiece, by sandwiching the fixed portion (P0035-0036, Figs. 5-6); and
a deforming portion (38) that deforms a deformed portion (end portion), which is a part of the workpiece and is a portion other than the fixed portion (P0036-0037, Figs. 7-8),
wherein the fixing portion has a curved portion (42a) to which the deformed portion is pressed (P0036, Fig. 6), and
the deforming portion (38) has a pressing surface for pressing the deformed portion, the pressing surface having a curved surface (38a), and presses the deformed portion from a protrusion direction of the curved portion toward the curved portion (P0036-0037, Figs. 7-8).
Regarding claim 4, Chapman further discloses wherein the deforming portion (38) includes a first pressing portion (1st segment of 38) that presses the deformed portion (end portion of 34), and a second pressing portion (2nd segment of 38 adjacent to the 1st segment) that is provided adjacent to the first pressing portion in a direction (a length direction) intersecting a direction (the length direction intersecting/perpendicular to the pressing direction) in which the workpiece is pressed and presses the workpiece (P0033, Figs. 4 and 8), and the first pressing portion presses the deformed portion before the second pressing portion presses the workpiece (the at least two adjacent segments of 38 along the length direction can press and deform the end portion of 34 sequentially along the length direction: P0008, 0041, Fig. 11) for the benefit(s) of reducing bridging. Thus, Chapman discloses a molding device substantially as claimed by applicant.
Regarding claim 5, Chapman discloses a molding method for molding a plate-shaped workpiece, which is a composite material (P0007, 0035, Fig. 3) in a state of being fixed to a fixing portion (42 and 54), by pressing the workpiece with a deforming portion (38: P0035-0037, Figs. 5-8), such that a cross section, when the workpiece is cut at the cross section orthogonal to a longitudinal direction, has a predetermined shape (P0033, Figs. 1-2), the molding method comprising:
a fixing step of fixing a fixed portion (central portion of 34), which is a part of the workpiece, by sandwiching the fixed portion with the fixing portion (P0035-0036, Figs. 5-6); and
a deforming step of deforming a deformed portion, which is a part of the workpiece and is a portion other than the fixed portion (P0036-0037, Figs. 7-8),
wherein in the deforming step, the deformed portion is deformed by pressing the deformed portion with a curved surface (38a) of the deforming portion from a protrusion direction of a curved portion (42a) of the fixing portion toward the curved portion (P0036-0037, Figs. 7-8, and MPEP § 2112.02). Thus, Chapman discloses a method substantially as claimed by applicant.
Claim(s) 1-2 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sekine (US 20210060819 – of record).
Regarding claim 1, Sekine discloses a molding device (apparatus) that molds a plate-shaped workpiece (2), which is a composite material (2 can be a laminated body of fiber sheets including a polymer binder: P0070-0072, Fig. 5), such that a cross section, when the workpiece is cut at the cross section orthogonal to a longitudinal direction, has a predetermined shape (P0033, Fig. 2), the molding device comprising:
a fixing portion (7 and 8: Fig. 1) that fixes a fixed portion (central portion 4), which is a part of the workpiece, by sandwiching the fixed portion (P0037, 0039, 0078, Fig. 2 and S2 of Fig. 6); and
a deforming portion (9: Fig. 1) that deforms a deformed portion (end portion 5), which is a part of the workpiece and is a portion other than the fixed portion (P0040-0041, 0079-0086, Fig. 2, S3 and/or S4 of Fig. 6),
wherein the fixing portion (7 and 8) has a curved portion (annotated curved portion) to which the deformed portion is pressed (P0038, Annotated Fig. 1), and
the deforming portion (9) has a pressing surface for pressing the deformed portion, the pressing surface having a curved surface (annotated curved surface: P0040, Annotated Fig. 1), and presses the deformed portion from a protrusion direction of the curved portion toward the curved portion (P0041, 0079-0086, S3 and/or S4 of Fig. 6). Thus, Sekine discloses a molding device substantially as claimed by applicant.
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Regarding claim 2, Sekine further discloses a pulling portion (11: Fig. 1) that pulls the workpiece (2) in a direction intersecting a direction in which the workpiece is pressed for the benefit(s) of reducing generation of wrinkles (P0066-0067, Fig. 1, claim 11).
Regarding claim 4, Sekine further discloses wherein the deforming portion (9) includes a first pressing portion (1st divided mold 9A) that presses the deformed portion (end portion 5 of 2), and a second pressing portion (2nd divided mold 9A adjacent to the 1st divided mold 9A) that is provided adjacent to the first pressing portion in a direction (a length direction) intersecting a direction (the length direction intersecting/perpendicular to the pressing direction) in which the workpiece is pressed and presses the workpiece (Figs. 7A-B), and the first pressing portion presses the deformed portion before the second pressing portion presses the workpiece (the at least two adjacent divided molds 9A along the length direction are configured to press and deform the end portion 5 of 2 sequentially along the length direction: Figs. 7A-B) for the benefit(s) of reducing generation of wrinkles (P0042-0045, 0079-0080).
Regarding claim 5, Sekine further discloses a corresponding molding method for molding the plate-shaped workpiece (2) by operating the disclosed apparatus (P0002, 0022, Fig. 6, as applied to claim 1 above, and MPEP § 2112.02). Thus, Sekine discloses a method substantially as claimed by applicant.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekine as applied to claim 1 above, and further in view of Ikeda (US 20180186101).
Regarding claim 3, Sekine fails to disclose an elastic material that is provided between the deformed portion and the deforming portion and has elasticity.
In the same field of endeavor, molding devices for composite materials and/or techniques for reducing generation of wrinkles, Ikeda discloses the technique of including an elastic material (10) between a deformed portion and a deforming portion (stretchable sheet 10 provided between deformed/bended portion of workpiece/stack 12 and deforming portion 126: Figs. 7-8) and has elasticity (10 has elasticity: P0192-0195), wherein one end portion of the elastic material is fixed to a fixing portion (first end of 10 is fixed to 126 + 110: Fig. 7), and the other end portion of the elastic material is fixed to the deforming portion with the deformed portion interposed therebetween (second end of 10 is fixed to the deforming portion 126 with the deformed/bended portion of 12 interposed therebetween: P0143-0155, Fig. 8) for the benefit(s) of reducing generation of defects, fiber meandering, and wrinkles (P0146, 0153).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the molding device of Sekine in view of Ikeda by including an elastic material having elasticity between the deformed portion and the deforming portion such that one end portion of the elastic material is fixed to the fixing portion, and the other end portion of the elastic material is fixed to the deforming portion with the deformed portion interposed therebetween to arrive at the claimed invention for yielding the predictable benefit(s) of reducing generation of defects, fiber meandering, and wrinkles as suggested by Ikeda.
Conclusion
Additional prior art made of record and not relied upon that is pertinent to
Applicant’s disclosure:
JP (2022 072562 A – of record) discloses a relevant apparatus and method (Abstract, Figs. 2-7 and corresponding description, and as applied by the international search authority).
Van GB (22291333 A – of record) discloses a relevant apparatus and method (Figs. 2-4, claims 1-2, and corresponding description, and as applied by the international search authority).
Garcia (US 9533481 – of record) discloses the technique of providing a pulling portion (13) that pulls the workpiece in a direction intersecting a direction in which the workpiece is pressed (Figs. 6-7 and corresponding description).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERZI H MORENO HERNANDEZ whose telephone number is (571)272-0625. The examiner can normally be reached 1:00-10:00 PM PT.
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, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JERZI H. MORENO HERNANDEZ
Primary Examiner
Art Unit 1743
/JERZI H MORENO HERNANDEZ/Primary Examiner, Art Unit 1743
