Are we all infringing this patent?

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Are we all infringing this patent?

Home Forums Beginners questions Are we all infringing this patent?

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  • #8109
    Mark Fry
    Participant
      @markfry71618
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      #235921
      Mark Fry
      Participant
        @markfry71618

        Hi

        I've just come across this patent which seems to encompass what machinists do everyday, i.e. take someone's CAD file, find parting line, etc.

        Here's the claim:

        1. A method of automated, custom mold manufacture for a part, the mold having a first half and a second half opposed to the first half, the first half and the second half together defining a cavity corresponding in shape to the part to be molded in the cavity, the method comprising:

        • creating a collection of stored information of standard tool geometries indicating surface profiles machinable by each of the standard tool geometries;
        • receiving a CAD file from a customer for the part to be molded, the CAD file defining a part surface profile;
        • assessing the CAD file to determine a straight pull z-direction, a parting line and corresponding shutoff surfaces separating the first half and the second half of the mold, so that the parting line and corresponding shutoff surfaces are oriented with respect to the part to permit straight pull of the first half and the second half in a straight-pull z-direction during molding of the part;
        • based upon the determined orientation of the straight-pull z-direction with respect to the part, processing the CAD file with a computer to automatically identify and locate a plurality of discrete machinable portions of the part surface profile, each machinable portion corresponding to a machining tool path machinable with a selected tool from within the collection of standard tool geometries, each of the machinable portions being tool accessible with the selected tool oriented in the straight-pull z-direction;
        • based upon the plurality of discrete machinable portions, computer generating a series of CNC machining instructions corresponding to machining the mold with the selected tools and computed machining tool paths; and
        • machining the cavity into the first and second halves of the mold with the selected tools and computed machining tool paths via the computer generated series of CNC machining instructions.

        We practice the steps outlined, don't we?

         

        Edited By Mark Fry on 24/04/2016 07:48:29

        #235922
        Neil Lickfold
        Participant
          @neillickfold44316

          You will find it is for software that does it as part of the software package that they are making/selling.

          Neil

          #235923
          JasonB
          Moderator
            @jasonb

            I don't think many here have a program that will assess a part, produce files from that to make patterns and CNC cut the mould.

            There are a few here who use CNC for pattern making but not many of those machine the cavity.

             

            J

            Edited By JasonB on 24/04/2016 08:02:47

            #235924
            Hopper
            Participant
              @hopper

              We practice the steps outlined, don't we?

              I guess if we were computers we would be breaching his patent?

              #235925
              Mark Fry
              Participant
                @markfry71618

                But often CAD like Solidworks is used to generate CNC code. You load the model in Solidworks, assess the parting line and all, and generate CNC code. Isn't that very much what's specified in the claim?

                The patent says:

                More specifically, the present invention relates to software supported methods, systems and tools used in the design and fabrication of molds for custom plastic parts.

                So, as long as it's "software supported", it could infringe the patent. No?

                #235926
                Mark Fry
                Participant
                  @markfry71618
                  Posted by Hopper on 24/04/2016 08:03:51:

                  We practice the steps outlined, don't we?

                  I guess if we were computers we would be breaching his patent?

                  That's not how patents work. An "invention" is patented (automated or not), and if you put those steps into practice, then you as a human being infringe the patent.

                  #235927
                  Bob Stevenson
                  Participant
                    @bobstevenson13909

                    Yes lots of people are constantly infringing this so called "patent" but that's what it's for! The idea is to patent a very basic set of situations that seem very likely to occur in quantity and then sit down and wait until a large multi-national that's worth the time, money and effort to chase, falls into the net……then, a flurry of legal eagles will sort out how much the multi-national needs to pay to continue it's highly profitable activities.

                    These highly speculative 'catch-all' type patents were very common during the period that this one was written as it was considered to be a profitable fishing method for American patent lawyers and small(er) companies, although some larger concerns were also 'guilty'. You might remember that the large American software companies such as Adobe and Microsoft etc tried to patent the file types used by the main camera makers such as Nikon? They hoped that by taking out strategic patents on the file criteria that they would be able to gain a finacial foot in the door with the largest japanese camera and electronic groups but this failed in court.

                    These sort of largely spurious and speculative patent operations were essentially held back by UK patent legislation pre EU because UK law insisted on a degree of innovation in every patent….But American business was able to essentially change this in US patent law.

                    #235928
                    JasonB
                    Moderator
                      @jasonb

                      It also says in the same sentence that the software is used specifically to "design and fabrication of molds for custom plastic parts" which is not what we do.

                      #235930
                      John Munroe
                      Participant
                        @johnmunroe13164

                        Posted by JasonB on 24/04/2016 08:13:02:

                        It also says in the same sentence that the software is used specifically to "design and fabrication of molds for custom plastic parts" which is not what we do.

                        But if you were an injection moulder machining moulds, I'd guess you'd use CAD to generate CNC instructions.

                        Or do you?

                        #235931
                        JasonB
                        Moderator
                          @jasonb
                          Posted by John Munroe on 24/04/2016 08:18:52:

                          Posted by JasonB on 24/04/2016 08:13:02:

                          It also says in the same sentence that the software is used specifically to "design and fabrication of molds for custom plastic parts" which is not what we do.

                          But if you were an injection moulder machining moulds, I'd guess you'd use CAD to generate CNC instructions.

                          Or do you?

                          Title says "We" which I take as the model engineering hobbists. I did say above that very few of us are likely to cut the mould but generally its not a common ME practice

                          #235934
                          Fatgadgi
                          Participant
                            @fatgadgi

                            Nah, don't think we should sell our equipment just yet

                            The key bits that they were clever about, reading the patent, was having a set of standard (injection) tool designs that the software can select from data sent by customer ….. along with all of the other steps. We (I) don't do that.

                            I'm surprised they could get a patent for that, but they must have been ahead of their time. Actually they built a great business from the concept and still offer fast tooling and CNC parts from a STEP file over the internet. I have used them many times for work.

                            Cheers Will

                            .

                            #235935
                            JA
                            Participant
                              @ja

                              You might be infringing their patent but you won't know until they have successfully taken you to court.

                              Other than on a company balance sheet patents are worth nothing unless they are enforced.

                              I seem to remember a past thread on patents.

                              JA

                              #235936
                              John Munroe
                              Participant
                                @johnmunroe13164

                                @Will They don't have standard tool designs, right? Isn't it that their software just picks one from their set of endmills so that they could start machining automatically without an engineer setting things up manually?

                                Edited By John Munroe on 24/04/2016 09:03:02

                                #235938
                                Chris Evans 6
                                Participant
                                  @chrisevans6

                                  Having spent my 50 years as a mould toolmaker from copy milling patterns to embracing CAD from the late 70s. I am possibly guilty, but did we not pay handsomely for the licence to use the software ? In the last 30 years companies I worked for ran many differing systems all correctly licenced.

                                  #235939
                                  Emgee
                                  Participant
                                    @emgee

                                    The practise of mould making by cnc machines was being done way before this patent was lodged, it also states "receiving a file from a customer" so any all in house method would not infringe the patent.

                                    It is everyday practise now to make moulds for laminated fuselages and wings to produce highly stressed model aircraft, these are cut by cnc machines. This is not ME as understood on this forum, we seem to draw a line between aeromodelling and model engineering.

                                    I agree with Bob that the patent is no doubt lodged in the hope that one day it can be used to sue some wealthy company, I fail to understand why the patent was accepted when such practises had been used for years prior to the lodge date.

                                    Emgee

                                    #235941
                                    Ajohnw
                                    Participant
                                      @ajohnw51620

                                      In the past that would have been thrown out by many countries as it's obvious from a prior art point of view but probably not by the country of origin.

                                      John

                                      #235943
                                      John Munroe
                                      Participant
                                        @johnmunroe13164

                                        @Emgee Don't you mean in-house methods would infringe rather than wouldn't infringe the patent?

                                        #235944
                                        Fatgadgi
                                        Participant
                                          @fatgadgi

                                          Hi John

                                          Yes, actually you are right (thanks)

                                          But we would have to do all the other things as well for the patent to worry us.

                                          Cheers Will

                                          :

                                          #235950
                                          KWIL
                                          Participant
                                            @kwil

                                            No infringements here, as Jason says the patent covers the software which accesses the CAD design as submitted and then generates an optimum machine path to make the desired mold. I do not think anyone here is doing that step by way of software.

                                            #235956
                                            John Munroe
                                            Participant
                                              @johnmunroe13164

                                              @KWIL Doesn't the patent cover any method that uses software to design and fabricate a mould? Does using CAD to load up the design and using CAM to generate the tool path fall under it? Don't most people here use CAM?

                                              #235963
                                              Mike Poole
                                              Participant
                                                @mikepoole82104

                                                I thought patents applied to the commercial use of an idea, making one offs for our own use we are free to do what we like.

                                                Mike

                                                #235965
                                                KWIL
                                                Participant
                                                  @kwil

                                                  It is a patent for the software as set out, subparas 3 & 4 are the nub of the argument, they are IMHO quite express.

                                                  #235967
                                                  Russell Eberhardt
                                                  Participant
                                                    @russelleberhardt48058

                                                    That patent is certainly invalid. If I search my old files I can find evidence that I was sending CAD files to a mould maker in Malaysia who were doing just that in the mid to late 1990s.

                                                    Even if it were valid we would not be infringing it as patents only apply to commercial use, not individual use.

                                                    Russell.

                                                    #235973
                                                    Muzzer
                                                    Participant
                                                      @muzzer

                                                      I've often joked that in America you could patent a glass of water. If you've got nothing better to do with your money, it's a free world but doesn't make it worth anything. It's also a US patent and last time we looked, the UK wasn't part of that. As Mike says, patents cover commercial exploitation only. I think that rules most of us out.

                                                      The claim seems to be describing a simple 2-part die ("two-piece, straight-pull mold&quot and automatic generation of a 2D CNC toolpath (ie G code) to make it directly from the CAD file. Currently I'm not aware of any CAM software that actually does that. Instead you have to create a series of operations (face, pocket, slot, adaptive clearing etc) and use experience or wizards to determine the correct feeds and speeds. It'll happen at some point but I doubt these boys have managed it themselves.

                                                      You can be certain that the major outfits are working on more automation of toolpath generation and this may simply be speculative fishing for future revenue. However, you can be sure that the big players won't be investing without already having secured patents in their fields.

                                                      Murray

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