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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/347,455
`
`06/14/2021
`
`MASAYUKI TAKAHASHI
`
`083710-3414
`
`9007
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`KIM, BOBBY YEONJIN
`
`3725
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/01/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1 is/are rejected.
`Claim(s) 2-10 is/are objectedto.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 06/14/2021 is/are:
`a)¥@) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230126
`
`Application No.
`Applicant(s)
`47/347,455
`TAKAHASHetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`BOBBY Y KIM
`3725
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 06/14/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/347,455
`Art Unit: 3725
`
`Page 2
`
`DETAILED ACTION
`
`The present application, filed on or after March 16, 2013,
`
`is being examined underthe
`
`first inventor to file provisions of the AIA.
`
`Claim Objections
`
`Claims 2-10 are objected to because of the following informalities:
`
`“the controller performs an acquisition step ...” should be “the controller is configured to
`
`acquire ...” or similar.
`
`Examiner suggests amending all the claims similarly.
`
`Appropriate correction is required.
`
`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 personshall 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 is/are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Lozano
`
`(US 20210170472).
`
`Regarding claim 1, Lozano discloses a puncher (Fig. 9) that punches a flat plate-shaped
`
`workpiece with a punch and a die ([0020] 3to 5sentence, [0050] fine blanking toolis a press
`
`ram. It includes punch and die.) facing each other, the puncher comprising: at least four sensors
`
`

`

`Application/Control Number: 17/347,455
`Art Unit: 3725
`
`Page 3
`
`(P2, P4, P18, P20- Fig. 3, 4) that are provided on a same plane orthogonal (horizontal plane) to a
`
`punching direction (vertical) and measure loads (pressure sensor is measures load- see [0024]) in
`
`three-axis directions (examiner notes that 14 is a three-dimensional part and the pressure sensor
`
`being on different positions of the fine blanking press [0054], the four pressure sensors are
`
`spread out in the direction into the pg. of Fig. 3 or 4, therefore loads are measured in atleast 3
`
`axis directions connecting two pressure sensors out of four sensors); a drive table (14) for driving
`
`(examiner notes that 14 which connects to the sensors and the die canbe driven to move in two-
`
`axis directions orthogonal to the punching direction since there is a gap between 10 and 14) the
`
`die that is loaded ([0049] 3sentence. 14 carries tool) and the at least four sensors in two-axis
`
`directions orthogonal to the punching direction and a rotation direction around the punching
`
`direction; and a controller (28).
`
`Allowable Subject Matter
`
`Claims 2-10 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form including all of the limitations of the base claim and
`
`any intervening claims.
`
`The following is a statement of reasonsfor the indication of allowable subject matter:
`
`Regarding claim 2, Lozano discloses the puncher of Claim 1, wherein, the controller
`
`performs an acquisition step of acquiring (see [0023-0024] pressure sensors measures loads),
`
`from the at least four sensors, a load in a one-axis direction orthogonal to the punching direction,
`
`among loads generated during first punching ({0027] actuator deforms based on the measured
`
`data continuously in closed loop,
`
`therefore measures during punching).
`
`Lozanofails to disclose “a storage step of storing arelative position between the punch
`
`and the die during the first punching, a drive step ((0015] actuator adjusting the gap) of driving
`
`

`

`Application/Control Number: 17/347,455
`Art Unit: 3725
`
`Page 4
`
`the drive table so that the relative position between the punch and the die is moved in the one-
`
`axis direction by a predetermined distance, and a re-acquisition step of acquiring, from the at
`
`least four sensors, a load in the one-axis direction orthogonal to the punching direction, among
`
`loads generated durmg second punching after the drive step so that calibration in the one-axis
`
`direction is performed.”
`
`Although the “storage step of storing arelative position between the punch andthe die
`
`during the punching” step seems well known im the art, the step in combination with the “driving
`
`step of driving the drive table so that the relative position between the punch andthe die is
`
`movedin the one-axis direction by a predetermined distance” step is not obvious.
`
`Neither the prior art nor any combination thereof anticipates nor renders the claimed
`
`invention obvious. Accordingly claims 2-4 are deemed patentable over the prior art of record.
`
`Similarly, claims 5-10 are allowed.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`paymentof the issue fee and, to avoid processing delays, should preferably accompanythe issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to BOBBY YEONJIN KIM whosetelephone numberis (571)272-
`
`1866. The examiner can normally be reached on M-F 9 am - 5 pm.
`
`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
`
`

`

`Application/Control Number: 17/347,455
`Art Unit: 3725
`
`Page 5
`
`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, Adam Eiseman can be reached on (571) 270-3818. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (INUSA OR CANADA)or 571-272-1000.
`
`/BOBBY YEONJIN KIM/
`Examiner, Art Unit 3725
`
`

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