DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 30, 2025 has been entered.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 12 is objected to because of the following informalities: “further comprising” in line 6 is not used appropriately, since there is no recitation of any limitations for the device beforehand to require the term “further comprising”. Furthermore more, reciting “further comprising” in line 6 before reciting “said …device comprising” in line 9 is grammatically incorrect. Additionally, the limitation of the position member appears to be inappropriately placed in the claim, as it is currently recited in the preamble of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 12 recites the urging members are arranged below and inside the positioning member. It does not appear the specification offers support for urging members arranged inside the positioning members. The figures disclose the urging members are arranged below the positioning member, but not inside. Also, paragraph [0054] suggests the positioning member has a frame shape and has, in its inside, a storage space 26a, for storing the laminate and paragraph [0042] recites the plungers are arranged below the positioning member.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the position" and “the laminate” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Arakawa (WO 2018/220909, as provided by applicant) in view of Yamaguichi (WO 02056352 machine translation provided). Arakawa discloses a manufacturing device for bonding a body comprising a jig main body (9) having a storage part, and a pressing transparent member (7) that is to be placed in the storage part, wherein the storage part having a bottom in which plural urging members (12) are arranged. The storage part is configured to store a laminate so as to be sandwiched and pressed between the transparent member and the urging members ([0027]-[0032],[0048]-[0053], figures 4-6). Arakawa further teaches a positioning member placed in the storage part (i.e. 9c/9d in figure 6a), the positioning member defining a position that the laminate is placed (figures 3-6). As can be seen in figures 5-6, the pressing transparent member (7) is place on a second surface of a laminate, opposite of a first surface that faces the urging members, and the pressing transparent member is configured to press the second surface to cause the first surface to be pressed by urging forces of the plural urging members ([0032]). The bonded body including a plurality of packages partitioned by the bonding part is considered a material to be worked upon and does not contribute to the structural limitations of the claimed apparatus. Since the pressing transparent member and the urging members are configured to press a laminate therebetween, it can produce the bonded body. Also seen in figure 6, the urging members are arranged below and inside the positioning member.
Arakawa teaches forming a plurality of bonded bodies and using a plurality of urging members to accommodate variations in the laminates to ensure proper sealing for each of the laminates ([0022]). Thus, Arakawa doesn’t specify a single urging plate placed between the plural urging members and the laminate. Like Arakawa, Yamaguichi also teaches a manufacturing device for bonding a body, the device comprising a jig main body (24) having a storage part (S), the storage part configured to store a laminate and having a bottom in which plural urging members (58/59) are arranged, and a single urging plate (44) being placed between the plural urging members and a laminate, wherein the laminate is pressed by urging forces of the plural urging members via the single urging plate (1st passage on page 5, last passage on page 5, 6th passage on page 6, figures 1-2). Yamaguichi teaches making one bonded body and employs plural urging members to ensure proper sealing of the laminate while preventing air entrapment in the bonded body. More specifically, Yamaguichi teaches coordinating the plural urging members such that the urging plate a pressing force in an arching manner to allow air to escape while sealing the laminate (bottom half of page 6). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to have alternatively provided for the arrangement of a plurality of urging members and a single urging plate for providing a pressing force in forming a bonded body, especially when used for making a larger single bonded body, as it allow for proper sealing while preventing air entrapment in the bonded body, as taught by Yamaguichi.
Response to Arguments
Applicant's arguments filed October 30, 2025 have been fully considered but they are not persuasive. Applicant argues the combination of Arakawa and Yamaguichi would render Arakawa inoperable, as adding a single plate would not allow for proper bonding of containers having various thicknesses and shapes. This is not found persuasive because as demonstrated by Yamaguichi, the plurality of urging members can be operated in conjunction with a single plate so that subsequential urging members are moved in a gradual manner to ensure no air gets trapped in the bonding. Because the claim is directed to an apparatus, it would be obvious to one skilled in the art to provide for the combination of the features of a plurality of urging members and a single urging plate as Yamaguichi teaches such a combination can be used to provide bonding of a single container in a gradual manner, while ensuring no air gets trapped.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUEENIE S DEHGHAN whose telephone number is (571)272-8209. The examiner can normally be reached Monday-Friday 8:00-4:30.
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/QUEENIE S DEHGHAN/Primary Examiner, Art Unit 1741