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 .
Claims 1-13 are pending.
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 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP’216 (JPS58-18216A, see IDS which includes an English translation portion).
Re 1, the JP’216 reference teaches of a method for molding an elastic body (see soft resin, including rubber, see page 4 in the translated portion), the method comprising:
supplying a molding material (heated resin 16) having flowability to an upper surface of a mold (female die 9) attached to a press machine from a movable supply nozzle (die 15) provided at a tip end of a molding material supply device such that the molding material is raised;
moving the supply nozzle to cause the supply nozzle to avoid the mold (see Fig. 3, see movement of the nozzle/die 15); and
molding a molded product by performing clamping of the press machine and pressuring and heating the molding material while filling the molding material into a cavity of the mold (see clamping via Figs. 2, 4-5, 8-10, 12).
Re 2 (upon 1), wherein the mold includes an upper mold (male 10), a lower mold (female die 9), and a core (pressing die 18) that is interposed between the upper mold (male die 10) and the lower mold (female die 9) to form the cavity and the molding material (heated resin 16) having flowability to an upper surface of the core such that the molding material is raised (see Figs. 8-10, 12).
Claim(s) 1, 5, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by OKA (US 3814781 A).
Re 1, OKA teaches of a method for molding an elastic body (see polyurethane sole), the method comprising: supplying a molding material having flowability to an upper surface of a mold (see bottom 10 of shoe sole mold, see also Figs. 2, 7, and 8) attached to a press machine from a movable supply nozzle (see nozzle) provided at a tip end of a molding material supply device such that the molding material is raised (see Fig. 1); moving the supply nozzle to cause the supply nozzle to avoid the mold; and molding a molded product by performing clamping of the press machine (see Fig. 3, see how shoe is clamped by bolts, see also Fig. 4, see also last 22 which corresponds to the top mold that is clamped into place via pressure member 16 and frames 18) and pressuring and heating the molding material while filling the molding material into a cavity of the mold (see Fig. ).
Re 5 (upon 1), wherein the molding material is liquid silicone rubber and is pressurized and heated by the press machine to be heat cured. See OKA pressure member 16, and also see teaching of heating via curing, see Fig. 6.
Re 13, OKA teaches of an elastic body molding device comprising: a molding material supply device that mixes two or more liquid silicone rubbers to supply a liquid molding material (material supply with teaching of mixture by OKA, see Col. , lines ); a supply nozzle (21) that can move to change a supply position in which the molding material that is supplied from the molding material supply device is supplied (see Figs. 2-3, 7, and 8); and a press machine (see Figs. 2-3) that molds a molded product by receiving the supply nozzle between parts of a mold attached to the press machine, supplying the molding material with flowability that is supplied from the supply nozzle to an upper surface of the mold such that the molding material is raised, and performing clamping in a state where the supply nozzle is moved to avoid the mold and pressurizing and heating the molding material while filling the molding material into a cavity of the mold (see Fig. 6).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-4, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP’216 as applied to claims 1 and 2 above, and further in view of SATO (US 2018/0169901 A1) and/or BUCKLEY (US 5192387 A).
Re 3 (upon 1), further comprising: rotating the supply nozzle to cause the supply nozzle to avoid the mold.
Re 4 (upon 2), same limitation as claim 3.
Re 9 (upon 1), wherein when the molding material is supplied from the supply nozzle, the supply nozzle is lifted as the molding material is raised.
Re 10 (upon 2), same limitation as claim 9.
The JP’216 reference fails to teach of the rotating and raising of the supply nozzle of claims 3, 4, 8 and 10.
In this regards, the supply of material between the press mold, with the teaching of SATO provides for a pressing device 100b, see Fig. 1, with the mold K, upper mold K1, and lower mold K2, with the teaching of a conveyance device 100a that allows for molding material M to be placed in the press device, see [0071]. The conveyance device 100a, having conveyance head 2 attached to an articulated robot 1, see [0073-0076], with the rotatable teaching along with the movement that includes raising that allows for the articulation to place the material within the press mold. Wherein, the concept of an articulated conveyance mechanism via the robotic arm is a known manner of providing material into a press mold, in this case, as further seen in BUCKLEY, it is known for providing an articulated robotic arm (see Fig. 1 , 16, 18) that includes a die (or port/tube 28 and nozzle 36, and outlet 22) for providing molding material to be place between the molds (mold parts 6, 10).
It would have been obvious for one of ordinary skill in the art to have modified the supply nozzle of the JP’216 reference with the teaching of the articulated conveyance as taught by SATO and/or BUCKLEY, allowing for improved articulated movement for placing the molding material into the press mold, as this is seen under KSR rationale, see MPEP2143, as combining prior art elements according to known methods to yield predictable results.
Claim(s) 5-8, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the JP’216 reference as applied to claims 1 and 2 above, and further in view of JOHNSON (US 2021/0032470A).
Re 5 (upon 1), wherein the molding material is liquid silicone rubber and is pressurized and heated by the press machine to be heat cured. (see teaching of rubber by JP’216, see page 4.)
Re 6 (upon 2), same limitation as claim 5.
Re 7 (upon 5), wherein the molding material is a mixture of two or more liquid silicone rubbers and is pressurized and heated by the press machine to be heat cured.
Re 8 (upon 6), same limitation as claim 7.
Re 13, the JP’216 reference teaches of an elastic body molding device comprising:
a supply nozzle (see die 15, Fig. 3) that can move to change a supply position in which the molding material that is supplied from the molding material supply device is suppled; and
a press machine (see Figs. 3-5, 8-10, 12) that molds a molded product by receiving the supply nozzle between parts of a mold (see molds 9, 10) attached to the press machine, supplying the molding material (heated resin 16) with flowability that is supplied from the supply nozzle to an upper surface of the mold (female mold 9) such that the molding material is raised (see Fig. 3), and performing clamping in a state where the supply nozzle is moved to avoid the mold and pressurizing (see Figs. 3-5 and 8-10) and heating the molding material while filling the molding material into a cavity of the mold.
In claims 5-8, and 13, while the JP’216 reference teaches of the soft resin utilized and of it being rubber (see page 4), the JP’216 reference does not specifically state of silicone rubber. In claims 7, 8, and 13, the JP’216 fail to specifically teach of: a molding material supply device that mixes two or more liquid silicone rubbers to supply a liquid molding material.
In this regard, the JOHNSON reference teaches of forming molded silicone rubber material (see abstract), in this case of a known embodiment, with two liquid silicone rubber bases A1 and A2 and feed into a mixing tank 18, preferably with a static mixer 18, and then introduced into a barrel 25 for injection molding press, see [0026, 0249], and Fig. 2. Further taught in a preferred embodiment, the silicone rubber composition being directed into a mold in a molding press and cured, preferably via heating, see [0060, 0151, 0180], to obtain a molded silicone rubber product M1.
Wherein, as the teaching of the JP’216 reference includes molding of rubber material of a soft resin material and which the JOHNSON would be applicable in regards to resin being prepared for molding, with which both the JP’216 and JOHNSON reference pertain to placing molding material into a press mold. Thereby, in the relevant field of endeavor that one skilled in the art would recognize and incorporate one reference into another.
It would have been obvious for one of ordinary skill in the art to have modified the molding process of the JP’216 reference with the teaching of the mixing and curing as taught by JOHNSON, allowing for the molding of silicone rubber in the press mold, as this is seen under KSR rationale, see MPEP2143, as combining prior art elements according to known methods to yield predictable results.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the JP’216 reference as applied to claims 1 and 2 above, and further in view of JP’371 (JP2004276371A, see IDS).
Re 11 (upon 1), further comprising: cutting, after supply of the molding material from the supply nozzle ends, a connection portion of the supply nozzle and the molding material.
Re 12 (upon 2), same limitation as claim 11.
The JP’216 reference fails to teach of the cutting.
See teaching by JP’371 reference teaching of cutter 18 for cutting the resin 12 that was extruded from the resin supply device 2, see translated abstract, see also Figs. 2, 4, and 5. This is seen as an additional trimming/cutting step to remove unwanted portions of the material thereby allowing for the material to be in the desired shape.
It would have been obvious for one of ordinary skill in the art to have modified the supply nozzle of the JP’216 reference with the teaching of the cutting as taught by JP’371 allowing for trimming of the molding material to the desired shape, as this is seen under KSR rationale, see MPEP2143, as combining prior art elements according to known methods to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 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, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744
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