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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Schad et al (U.S. Patent No. 5,582,845 A).
Regarding claim 1, Schad et al (see the entire document, in particular, col. 1, lines 6-9; col. 4, line 17 to col. 9, line 20; Figures 1-5) teaches an apparatus (see col. 1, lines 6-9 (system for handling and over-molding preform inserts) of Schad et al), including a conveying apparatus, a grabbing apparatus, an injection molding machine and a control apparatus (see Figure 1; col. 4, lines 29-40 (infeed conveyors 24a, 24b, 28a, 28b (i.e., unprocessed conveying apparatus)); Figures 1-3; col. 4, lines 58-62 (shuttle table 32 moves inserts 27 from first loading station 34 to second loading station 35 (i.e., unprocessed conveying apparatus)); col. 6, lines 28-39 (on its return trip (i.e., after injection molding), shuttle table 32 moves finished preforms 60 over table 58 and down chute 59 to area 67; shuttle table 32 moves rejected preforms 60 into discharge area 70 (i.e., processed conveying apparatus)); col. 7, lines 62-67 (after molding, tooling plate 61 (of robot 56) removes finished preforms 60 from mold cores 31 and places them on a carrier plate (i.e., processed conveying apparatus)); Figure 2; col. 5, lines 47-50 (robot 56 (i.e., grabbing apparatus)); Figures 1 and 5; col. 4, line 22 (over-molding station 18); col. 7, lines 56-57 (injection molding machine 72 (i.e., injection molding machine)); Figure 1; col. 4, line 26 (controller 21 for automating the system (i.e., control apparatus)) of Shad et al), wherein (a) a conveying apparatus includes an unprocessed conveying apparatus and a processed conveying apparatus, wherein the unprocessed conveying apparatus is configured to convey an unprocessed preform insert, and the processed conveying apparatus is configured to convey a processed preform insert (see Figure 1; col. 4, lines 29-40 (infeed conveyors 24a, 24b, 28a, 28b (i.e., unprocessed conveying apparatus)); Figures 1-3; col. 4, lines 58-62 (shuttle table 32 moves inserts 27 from first loading station 34 to second loading station 35 (i.e., unprocessed conveying apparatus)); col. 6, lines 28-39 (on its return trip (i.e., after injection molding), shuttle table 32 moves finished preforms 60 over table 58 and down chute 59 to area 67; shuttle table 32 moves rejected preforms 60 into discharge area 70 (i.e., processed conveying apparatus)); col. 7, lines 62-67 (after molding, tooling plate 61 (of robot 56) removes finished preforms 60 from mold cores 31 and places them on a carrier plate (i.e., processed conveying apparatus)) of Schad et al); (b) a grabbing apparatus is located between the unprocessed conveying apparatus and the processed conveying apparatus, and the injection molding machine is located on either side of the grabbing apparatus (see Figures 1 and 2; col. 5, lines 47-50 (robot 56) of Schad et al); (c) an injection molding machine includes a main machine, the main machine is provided with a mold and a mold closing system, the mold includes a front mold and a rear mold, the mold is secured onto the mold closing system included in the main machine, the front mold is provided with a front mold cavity, the rear mold is provided with a rear mold cavity, a middle portion of the front mold cavity is provided with a carrying slot, and the front mold cavity is connected to the rear mold cavity when the front mold and the rear mold are closed (see Figure 5; col. 7, lines 62-67 (mold cores 31 (i.e. carrying slots); mold portion 74 (i.e., mold cavity is the front part where mold cores 31 are attached); mold portion 76 (i.e., has mold cavities 78)); col. 7, lines 19-23 (mold is closed) of Schad et al); (d) the conveying apparatus, the grabbing apparatus and the injection molding machine are all in communication connection with the control apparatus (see Figure 1; col. 4, line 26 (controller 21 for automating the system) of Schad et al); (e) the control apparatus (see Figure 1; col. 4, line 26 (controller 21 for automating the system) of Schad et al) is configured to perform the steps of (f) controlling the grabbing apparatus to move the unprocessed preform insert conveyed by the unprocessed conveying apparatus to the carrying slot (see Figures 1 and 5; col. 5, lines 47-50 (robot 56 moves inserts 27 from shuttle table 32 to over-molding station 18); col. 7, lines 4-7 (tooling plate 61 (of robot 56) loads inserts 27 onto mold cores 31) of Schad et al); (g) controlling the mold closing system included in the injection molding machine to perform a mold closing operation (see col. 7, lines 19-23 (mold is closed) of Schad et al); (h) controlling the injection molding machine to perform an injection molding operation on the front mold cavity and the rear mold cavity (see Figure 5; col. 7, lines 56-59 (layers of resin injection molded over inserts 27 into cavities 78) of Schad et al); (i) controlling the mold closing system included in the injection molding machine to perform a mold splitting operation (see Figure 5; col. 7, lines 62-67 (after molding, mold portions 74 and 76 are opened) of Schad et al); and (j) controlling the grabbing apparatus to move the processed preform inserts in the carrying slots to the processed conveying apparatus (see Figure 5; col. 7, lines 62-67 (tooling plate 61 (of robot 56) removes finished preforms 60 from mold cores 31 and places them on a carrier plate) of Schad et al). Regarding the recitation of silicone, the material or article worked upon by an apparatus does not further limit apparatus claims (see MPEP §2115). Furthermore, the manner of operating the apparatus (e.g., for the manufacture of pencils) does not differentiate the instant apparatus claims from the prior art (see MPEP §2114(II)).
Regarding claim 7, see Figure 5; col. 7, lines 1-23 (tooling plate 61 (of robot 56) uses vacuum tubes 66 to force inserts 27 onto mold cores 31) of Schad et al.
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.
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schad et al (U.S. Patent No. 5,582,845 A) as applied to claims 1 and 7 above, and further in view of Tomkiewicz et al (U.S. Patent Application Publication 2022/0358629 A1).
Regarding claim 2, Schad et al does not teach (1) a visual detection apparatus for recognizing and removing defective parts. Tomkiewicz et al (see the entire document, in particular, paragraphs [0006], [0026], [0028], and [0033]; Figure 12) teaches an apparatus (see paragraph [0006] (systems for manufacturing products by injection molding) of Tomkiewicz et al), including a visual detection apparatus for recognizing and removing defective parts (see Figures 5 and 12; paragraphs [0026] (automated inspection station 160) and [0028] (inspection station components include cameras) of Tomkiewicz et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a visual detection apparatus in the apparatus of Schad et al in view of Tomkiewicz et al in order to inspect all of the products and remove any defective products before packaging (see paragraph [0033] of Tomkiewicz et al).
Regarding claim 3, see Figure 2; col. 5, lines 53-54 (table 58 may receive rejected preforms or inserts from tooling plate 61 (of robot 56)); col. 6, lines 38-42 (shuttle table 32 moves rejected preforms 60 into discard area 70) of Schad et al.
Regarding claim 4, see Figure 5 (mold cores 31; mold portions 74, 76) of Schad et al.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schad et al (U.S. Patent no. 5,582,845 A) as applied to claims 1 and 7 above, and further in view of Yajima et al (U.S. Patent Application Publication 2015/0153688 A1).
Regarding claims 5 and 6, Schad et al does not teach (1) a feeding system and a mixing system. Yajima et al (see the entire document, in particular, paragraphs [0011], [0012], [0033], [0034] and [0037]; Figure 1) teaches an apparatus (see paragraph [0012] (molding system) of Yajima et al), including a feeding system and a mixing system (see Figure 1; paragraphs [0033] (multiple material tanks 1a, 1b and 1c containing a first liquid silicone, a second liquid silicone and water), [0034] (raw material is sent to a mixer 4 by pumps 2a, 2b and 2c via feeding lines 3a, 3b and 3c) and [0037] (the exit of mixer 4 is connected to nozzles 10 provided in molds 11) of Yajima et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a feeding system and a mixing system in the apparatus of Schad et al in view of Yajima et al in order to manufacture a durable product made of silicone (see paragraph [0011] of Yajima et al).
Claim(s) 8, 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schad et al (U.S. Patent No. 5,582,845 A) in combination with Holloway et al (U.S. Patent No. 6,241,409 B1).
Regarding claim 8, Schad et al (see the entire document, in particular, col. 1, lines 6-9; col. 4, line 17 to col. 9, line 20; Figures 1-5) teaches a process (see col. 1, lines 6-9 (handling and over-molding preform inserts) of Schad et al), wherein the process is applied to the injection molding apparatus according to claim 1 (see paragraph 5 above for a description of the apparatus of Schad et al), including the steps of (a) moving the unprocessed preform conveyed by the unprocessed conveying apparatus to a carrying slot by the grabbing apparatus (see Figures 1 and 5; col. 5, lines 47-50 (robot 56 moves inserts 27 from shuttle table 32 to over-molding station 18); col. 7, lines 4-7 (tooling plate 61 (of robot 56) loads inserts 27 onto mold cores 31) of Schad et al); (b) performing the mold closing operation by the mold closing system included in the injection molding machine (see col. 7, lines 19-23 (mold is closed) of Schad et al); (c) performing the injection molding operation on the front mold cavity and the rear mold cavity by the injection molding machine (see Figure 5; col. 7, lines 56-59 (layers of resin injection molded over inserts 27 into cavities 78) of Schad et al); (d) performing the mold splitting operation by the mold closing system included in the injection molding machine (see Figure 5; col. 7, lines 62-67 (after molding, mold portions 74, 76 are opened) of Schad et al); and (e) moving the processed preform in the carrying slot to the processed preform conveying apparatus by the grabbing apparatus (see Figure 5; col. 7, lines 62-67 (tooling plate 61 (of robot 56) removes finished preforms 60 from mold cores 31 and places them on a carrier plate) of Schad et al). Schad et al does not teach (1) the manufacture of silicone pencils. Holloway et al (see the entire document, in particular, col. 2, lines 3-7; col. 3, lines 4-19; col. 5, lines 1-5) teaches a process (see col. 5, lines 1-5 (injection molding pencils) of Holloway et al), including the manufacture of silicone pencils (see col. 5, lines 1-5 (pencils can be made by injection molding); col. 2, lines 3-7 (pencils include an inner marking core (i.e., a preform insert) and an outer sheath) and col. 3, lines 4-19 (silicone as a base elastomer) of Holloway et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the preform insert and silicone resin of Holloway et al for the preform insert and resin of Schad et al in order to manufacture pencil products.
Regarding claim 11, see Figure 5 (mold cores 31; mold portions 74, 76) of Schad et al.
Regarding claim 14, see Figure 5; col. 7, lines 1-23 (tooling plate 61 (of robot 56) uses vacuum tubes 66 to force inserts 27 onto mold cores 31) of Schad et al.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schad et al (U.S. Patent No. 5,582,845 A) in combination with Holloway et al (U.S. Patent No. 6,241,409 B1) as applied to claims 8, 11 and 14 above, and further in view of Tomkiewicz et al (U.S. Patent Application Publication 2022/0358629 A1).
Regarding claim 9, Schad et al (in combination with Holloway et al) does not teach (1) a visual detection apparatus for recognizing and removing defective parts. Tomkiewicz et al (see the entire document, in particular, paragraphs [0006], [0026], [0028], and [0033]; Figure 12) teaches a process (see paragraph [0006] (manufacturing products by injection molding) of Tomkiewicz et al), including a visual detection apparatus for recognizing and removing defective parts (see Figures 5 and 12; paragraphs [0026] (automated inspection station 160) and [0028] (inspection station components include cameras) of Tomkiewicz et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a visual detection apparatus in the process of Schad et al (in combination with Holloway et al) in view of Tomkiewicz et al in order to inspect all of the products and remove any defective products before packaging (see paragraph [0033] of Tomkiewicz et al).
Regarding claim 10, see Figure 2; col. 5, lines 53-54 (table 58 may receive rejected preforms or inserts from tooling plate 61 (of robot 56)); col. 6, lines 38-42 (shuttle table 32 moves rejected preforms 60 into discard area 70) of Schad et al.
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schad et al (U.S. Patent No. 5,582,845 A) in combination with Holloway et al (U.S. Patent No. 6,241,409 B1) as applied to claims 8, 11 and 14 above, and further in view of Yajima et al (U.S. Patent Application Publication 2015/0153688 A1).
Regarding claims 12 and 13, Schad et al (in combination with Holloway et al) does not teach (1) a feeding system and a mixing system. Yajima et al (see the entire document, in particular, paragraphs [0011], [0012], [0033], [0034] and [0037]; Figure 1) teaches a process (see paragraph [0012] (molding) of Yajima et al), including a feeding system and a mixing system (see Figure 1; paragraphs [0033] (multiple material tanks 1a, 1b and 1c containing a first liquid silicone, a second liquid silicone and water), [0034] (raw material is sent to a mixer 4 by pumps 2a, 2b and 2c via feeding lines 3a, 3b and 3c) and [0037] (the exit of mixer 4 is connected to nozzles 10 provided in molds 11) of Yajima et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a feeding system and a mixing system in the process of Schad et al in view of Yajima et al in order to manufacture a durable product made of silicone (see paragraph [0011] of Yajima et al).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F.
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LEO B. TENTONI
Primary Examiner
Art Unit 1742
/LEO B TENTONI/Primary Examiner, Art Unit 1742