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 .
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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Fixing device in claim 1, disclosed in Fig. 5 and paragraph 50 as support structure 40 with a support/working surface 44
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Claims 1-12 are 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 1 recites in lines 19-20, “wherein the absorption chambers”. It is unclear as to whether this further limits the previously recited “at least one absorption chamber” in lines 4-5. For purposes of examination it is presumed that Applicant meant to recite “the at least one absorption chamber” in lines 19-20.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 recites a method for introducing openings into a decorative material which is laminated onto a carrier with existing openings, comprising the following steps: providing a fixing device with at least two indicator pins and at least one absorption chamber, providing a carrier with holes for receiving the indicator pins and the existing openings, and providing a decorative material with holes for receiving the indicator pins, pushing the carrier onto the indicator pins of the fixing device and then pushing the decorative material onto the indicator pins of the fixing device, wherein the indicator pins extend through the holes in the carrier and the decorative material and visible parts of the indicator pins protrude above the decorative material, and the decorative material is positioned on the carrier and laminated onto the carrier and new openings are introduced into the decorative material above the existing openings in the carrier by means of a laser, wherein the positioning and lamination of the decorative material onto the carrier and the introduction of the new openings into the decorative material by means of the laser are effected by detecting the positions of the indicator pins and the heights of the visible parts of the indicator pins, and wherein the absorption chambers for absorbing the laser radiation are located below the existing openings in the carrier in the fixing device.
None of the prior art teaches or discloses the recited method of introducing openings into a decorative material which is laminated onto a carrier with existing openings wherein the carrier is placed upon indicator pins, wherein said openings in the decorative layer are created via laser according to the detected positions of indicator pins which extend through holes (separate from the openings) in the carrier layer. The closest prior art of Schlemmer discloses a method of making a backlit decorative layer in which openings are made into the carrier 110 and decorative layer 114 via laser 107 over an absorption chamber 106 (Fig. 8).
The following prior art is considered pertinent, but does not make up for the deficiencies of Schlemmer above: Jeong et al. (US 20200021780) discloses a vision system which uses a camera and reference pins to coordinate the actions of a processing machine (Abstract); Horn et al. (US 20070228025) discloses a laser cutting machine which performs laser cuts upon a material that resides over an absorption chamber (Fig. 1); Yasuda et al. (US 7168731) discloses a method of making an airbag apparatus wherein laser machined holes are formed in a carrier and decorative layer (Fig. 5A-5C).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER C CAILLOUET whose telephone number is (571)270-3968. The examiner can normally be reached M-F 9AM-5PM EST.
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/CHRISTOPHER C CAILLOUET/Examiner, Art Unit 1745
/GEORGE R KOCH/Primary Examiner, Art Unit 1745