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 .
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) 6,8,10,11, 12, and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP3671147 (English machine translation provided herewith).
It should be noted that apparatus claims are examined for its structure rather than the material worked upon. See MPEP 2115.
Applicant is reminded that apparatus claims are examined for its recited structure rather than how the apparatus is used or what the apparatus does. MPEP 2114.
Regarding claim 6: An arrangement (JP3671147 : fig 1) for manufacturing a patterned cellulose-based film comprising:
a first surface (JP3671147: roller 6.2; paras. 0020-0022 and 0029-0030; figs 1-2) for supporting a cellulose-based film to be modified with a pattern provided by a mold (JP3671147: roller 6.2 has protrusions to form a three-dimensional pattern on the film ; figs 1-2);
a second surface (JP3671147: roller 6.1; paras. 0020-0022 and 0029-0030 and 0032; figs 1-2) for supporting the mold, said second surface being arranged at a distance from the first surface, for accommodating an increased volume of the cellulose-based film due to water absorption, and the mold on top of each other between the first surface and the second surface (JP3671147: roller 6.1 is spaced from roller 6.2 to accommodate for the film that was humidified by humidifier 5 before entering the space between rollers ; paras. 0020-0022 and 0029-0030 and 0032-0033; figs 1-2); and
a humidifier device (JP3671147: humidifying device 5; fig 1) for causing absorption of water into the cellulose-based film while the cellulose-based film is being positioned between the first surface and the second surface such that when the cellulose-based film and the mold are positioned on top of each other between the first surface and the second surface, the cellulose-based film is pressed against the mold in response to the increased volume of the cellulose-based film caused by the absorbed water (JP3671147: paras. 0029-0030 and 0032; humidifying device 5 is positioned to inflate of the film while the film is being positioned between rollers 61./6.2 ; figs 1-2).
Regarding claim 8: The arrangement according to claim 6, wherein the cellulose-based film is a polymeric cellulose-based, fibrillated cellulose-based, or fiber cellulose-based film, cellulose nanofibril, CNF, or a TEMPO-oxidized cellulose nanofibril, TEMPO-CNF, film (JP3671147: the film is cellulose fiber layer; paras. 0008-0009; 0029-0036; figs 1-2).
Regarding claim 10: The arrangement according to claim 6, wherein the pattern is replicated to the cellulose-based film by nanoimprint lithography, NIL, or by embossing (JP3671147: rollers 6.1/6.2 with protrusions emboss the film; figs 1-2).
Regarding claim 11: The arrangement according to claim 6, wherein the first surface and second surface are rotatable for receiving a continuous feed of cellulose-based film and producing a continuous patterned cellulose-based film (JP3671147: fig 1).
Regarding claim 12: The arrangement according to claim 6, wherein the arrangement is a calender machine (JP3671147: rollers 6.1, 6.2 constitute a calender machine; figs 1-2).
Regarding claim 14: The arrangement of claim 6, wherein the arrangement comprises a first roll on which the first surface is provided and a second oll on which the second surface is provided (JP3671147: rollers 6.1,6.2 have surfaces constitute a calender machine; figs 1-2), and the first roll and the second roll are configured to position the cellulose- based film and the mold at a distance from each other (JP3671147: roller 6.1 with the mold thereon and roller 6.2 are structurally configured to allow a film to pass between them and be patterned by the mold; figs 1-2), where the cellulose-based film and the mold are brought into contact or at least almost to contact with each other for conforming the cellulose-based film to the pattern of the mold in response to the increased volume of the cellulose-based film caused by the absorbed water (JP3671147: roller 6.1 with the mold thereon and roller 6.2 are structurally configured to pattern the film that is passed therebetween; figs 1-2; it should be note that the limitation concerning the increased volume of the film has not been given patentable weight since it is not a structural limitation of the claimed apparatus.
Regarding claim 15: The arrangement of claim 6, wherein the first surface and second surface are flat support surfaces that are configured to position the cellulose-based film and the mold at a distance from each other (JP3671147: rollers 6.1,6.2 have surfaces constitute a calender machine; figs 1-2), where the cellulose-based film and the mold are brought into contact or at least almost to contact with each other for conforming the cellulose-based film to the pattern of the mold in response to the increased volume of the cellulose-based film caused by the absorbed water (JP3671147: roller 6.1 with the mold thereon and roller 6.2 are structurally configured to allow a film to pass between them and be patterned by the mold; figs 1-2; it should be note that the limitation concerning the increased volume of the film has not been given patentable weight since it is not a structural limitation of the claimed apparatus).
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.
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP3671147 as applied to claim 6 above.
Regarding claim 7, JP3671147 does not teach a drying device after the film has been modified. Since drying ovens or blowers are well-known in cellulose film processing to remove any excess water, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a dryer after the patterning of the film of JP3671147 in order to remove any excess water.
Regarding claim 9, JP3671147 does not teach the claimed relative humidity of the humidifier device. Since humidifying devices are inherently configured to have a relative humidity and the claimed relative humidity is well-known in the cellulose film art for inflating cellulose films, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the humidifying device of JP3671147 to have the claimed relative humidity in order to form ensure proper modification of the inflated film during calendaring.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP3671147 in view of Johansson et al (USPN 4252279).
It should be noted that apparatus claims are examined for its structure rather than the material worked upon. See MPEP 2115.
Applicant is reminded that apparatus claims are examined for its recited structure rather than how the apparatus is used or what the apparatus does. MPEP 2114.
Regarding claim 13, JP3671147 teaches:
A device (JP3671147 : fig 1) comprising an output roll and an arrangement for manufacturing a patterned cellulose-based film, the arrangement comprising:
a first surface (JP3671147: roller 6.2; paras. 0020-0022 and 0029-0030 and 0032; figs 1-2) for supporting a cellulose-based film to be modified with a pattern provided by a mold (JP3671147: roller 6.2 has protrusions to form a three-dimensional pattern on the film ; figs 1-2);
a second surface (JP3671147: roller 6.1; paras. 0020-0022 and 0029-0030 and 0032; figs 1-2) for supporting the mold, said second surface being arranged at a distance from the first surface, for accommodating an increased volume of the cellulose-based film due to water absorption, and the mold on top of each other between the first surface and the second surface (JP3671147: roller 6.1 is spaced from roller 6.2 to accommodate for the film that was humidified by humidifier 5 before entering the space between rollers; paras. 0020-0022 and 0029-0030 and 0032; figs 1-2); and
a humidifier device(JP3671147: humidifying device 5; fig 1) for causing absorption of water into the cellulose-based film while the cellulose-based film is being positioned between the first surface and the second surface such that when the cellulose-based film and the mold are positioned on top of each other between the first surface and the second surface, the cellulose-based film is pressed against the mold in response to the increased volume of the cellulose-based film caused by the absorbed water (JP3671147: paras. 0029-0030 and 0032; humidifying device 5 is positioned to inflate of the film while the film is being positioned between rollers 61./6.2; figs 1-2).
However, JP3671147 does not teach an input roll of cellulose-based film; and the roll-to-roll device is configured to feed the cellulose-based film from the input roll to the output roll through the arrangement.
Johansson et al teach the conventional delivery of dry pulp (fluff pulp) as a roll consisting of a continuous fiber pulp web, wherein the roll pulp is used extensively throughout the entire world (col 1:30-33; col 2:53-63). Since JP3671147 and Johansson et al teach are analogous with respect to fluff pulp as a starting material, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the fluff pulp of JP3671147 as an inlet roll as taught by Johansson et al since rolls are readily available and easy to transport.
Applicant's arguments filed 10/13/25 have been fully considered but they are not persuasive.
Applicant argues JP3671147 does not accommodate the increased volume of the film cause by the humidifier device because there is no disclosure of the volume or even thickness of the film of JP3671147 before humidifying and the thickness of the fiber web of JP3671147 after the roller is clearly smaller than the initial thickness received between the rollers. Applicant is reminded that apparatus claims like the invention claimed here are examined for its structure rather than its manner of operation or function. See MPEP 2114(II) and (III). Here, as stated before but more explicitly now, the claimed phrases “for accommodating an increased volume of the cellulose based film due to water absorption” and “the cellulose based film conforms to the mold in response to the increased volume of the cellulose based film caused by the absorbed water” relate to how the first and second surfaces are used or the function of the first and second surfaces. Thus, it is immaterial to the structure of the second surface or the first surface. Nonetheless and for the sake of replying to applicant’s primary argument, JP3671147 teaches the accommodating function/operation and conforming function/operation since the rollers of JP3671147 and its surfaces are gapped or sufficiently spaced for accepting a swollen film. Though the film of JP3671147 exiting from between the rollers is less thick than its initial thickness before entry between the rollers, it does not negate the fact that the entry space, or even the narrowest space, between the rollers is sufficient to accept or accommodate the swollen film. It should be noted that the term accommodate does not exclude compressing or reshaping. It merely and broadly means “sufficient space for” (Google definition of accommodate). In fact, if the term accommodating did exclude compressing or reshaping, there would be a conflict with the instant specification since the instant specification recites, upon exiting from between the first and second surfaces, the swollen film has a pattern thereon created by the swollen film passing between the first and second surfaces. Hence, JP3671147 teaches the structure of the claimed first and second surfaces, and the accommodating function/operation of the second surface.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744