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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/8/26 has been entered.
Response to Arguments
Applicant's arguments filed 7/8/26 have been fully considered but they are not persuasive to the extent they apply to the current rejection. Applicant argues against Akiyama noting that the Arrangement in the instant invention provides desired turbulence. The examiner reiterates, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Furthermore, having the deflector be vertically arranged as opposed to horizontally is a mere rearrangement of part, generally recognized to be obvious, see MPEP 2144.04 VI C. The examiner has provided figures from Akiyama and the instant invention below with the respective portion of Akiyama rotated 90 degrees. As can be readily seen, from this perspective the deflector has the same orientation as that of the instant invention and in both cases the deflector is arranged such that it extends perpendicularly to the inlet of the air. One of ordinary skill in the art would certainly be cognizant that the important feature is the relationship between the deflector and the inlet and preserving this characteristic would result in the turbulence features that applicant argues. Thus, looking at the invention of Akiyama, on of ordinary skill in the art would be able to surmise the arrangement of the deflector of instant invention as a mere rearrangement in part.
PNG
media_image1.png
208
200
media_image1.png
Greyscale
PNG
media_image2.png
120
208
media_image2.png
Greyscale
Similarly, placing the rectification chamber horizontally to the air chamber is a mere rearrangement of part and Anderson once viewed from the direction of the air inlet actually does place the rectification chamber horizontally to the air chamber. Hence, applicant’s arguments are once again a bodily incorporation. The examiner provides a rotated figure of Anderson and that of the instant invention below. Additionally, the 2 rectification chambers both arranged horizontally is just a duplication of part of the chamber in Anderson.
PNG
media_image3.png
356
188
media_image3.png
Greyscale
PNG
media_image4.png
222
414
media_image4.png
Greyscale
Applicant provides further arguments about Pendlebury and how the rectification chambers are not horizontally arranged, but traversing a horizontal line would move from one chamber to the other so the chambers are horizontal relative to one another. Furthermore, the phrase “third position corresponding to the second position of the rectification chamber” is so broad and vague as to encompass virtually any geometric configuration as long as air from one position eventually reaches the other.
[AltContent: arrow]
PNG
media_image5.png
412
320
media_image5.png
Greyscale
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 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.
Unclear which rectification chamber claim 3 refers to because there are 2 required by claim 1.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 requires that the device only have one rectification chamber, but claim 1 requires two. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1, 3 are rejected under 35 U.S.C. 103 as being unpatentable over by Akiyama (US 4064605) in view of Anderson (US 5219582).
As to claim 1, Akiyama teaches a device for drawing filaments to form a nonwoven fabric [Abstract], having a nozzle carrier [Fig 1], the nozzle carrier having an elongated drawing channel, wherein the drawing channel comprises a filament inlet and a filament outlet (6), wherein the drawing channel has on its opposite sides an air nozzle generating a downward air flow, wherein the air nozzle communicates with an air chamber (11, 12) on both sides of the nozzle carrier through an air channel (5),The air channel is inclined downwardly such that the air leaves the air nozzle in a downwardly inclined orientation as depicted by the curved downward arrows [Fig 1, 2]. Akiyama teaches a web forming belt arranged below the nozzle carrier [Fig 1]. Akiyama teaches e the air chamber is provided with a deflector (the middle wall) between an inlet port and an outlet port and the deflector has its first end fixed to a first side wall of the air chamber near the rectification chamber and extends in a horizontal direction, a second end of the deflector is spaced from a second side wall of the air chamber opposite to the first side wall [Fig 2]. Furthermore, having the deflector be vertically arranged as opposed to horizontally is a mere rearrangement of part, generally recognized to be obvious, see MPEP 2144.04 VI C.
Akiyama does not explicitly state that the rectification wall of the at least one rectification chamber is provided to be partially ventilated.
Anderson teaches a method of producing melt spun fibers [Abstract] wherein a rectification device (16, 15) is provided between the air channel (30) and the air chamber (18); air flow passes from the air chamber (18) through the rectification device (16, 15) and enters the air channel through the air channel inlet (surface of 30 next to 15); the rectification device has at least one rectification chamber (17); a rectification wall (16 or 15) of the at least one rectification chamber is provided to be partially ventilated [Fig 2, col 3 line 1-30]. The rectification wall (16 or 15) of the at least one rectification chamber is provided to be partially ventilated as this distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. The rectification chamber is placed horizontally relative to the air chamber when viewed from the direction of the air inlet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and included a rectification chamber have ventilated rectification walls and place it horizontally relative to the air chamber, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
Furthermore, the additional rectification chamber with an air inlet
Akiyama does not teach the ventilated area of at least one of the rectification walls is provided staggered from the ventilated area of the other rectification wall.
Anderson teaches a method of producing melt spun fibers [Abstract]. Anderson teaches the ventilated area of at least one of the rectification walls (15) is provided staggered from the ventilated area of the other rectification wall (16) as this distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and had the ventilated area of at least one of the rectification walls is provided staggered from the ventilated area of the other rectification wall, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
Akiyama does not explicitly state the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber.
Anderson teaches a method of producing melt spun fibers [Abstract].Anderson teaches the rectification device has one rectification chamber (17); the rectification chamber is provided with a ventilated area in a first position (the entirety of porous portion of 15) of the rectification wall (15) thereof away from the air chamber corresponding to an air channel inlet (30); the rectification chamber has an air inlet (channels through 16) at a position staggered from the first position of the rectification wall near the air chamber [Fig 2]. This distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and had the rectification device has one rectification chamber; the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
Additionally, the 2 rectification chambers both arranged horizontally is just a duplication of part of the chamber ending in a rectification wall in Anderson. As the rectification wall is ventilated across its entire height, the duplication would provide an air inlet at a third position corresponding to a second position of the rectification wall.
As to claim 3, Akiyama does not explicitly state Anderson teaches the rectification device has one rectification chamber; the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber.
Anderson teaches a method of producing melt spun fibers [Abstract].Anderson teaches the rectification device has one rectification chamber (17); the rectification chamber is provided with a ventilated area in a first position (the entirety of porous portion of 15) of the rectification wall (15) thereof away from the air chamber corresponding to an air channel inlet (30); the rectification chamber has an air inlet (channels through 16) at a position staggered from the first position of the rectification wall near the air chamber [Fig 2]. This distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and had the rectification device has one rectification chamber; the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being over by Akiyama (US 4064605) in view of Anderson (US 5219582), as applied to claims 1, 3 above, and in further view of Pendlebury (US 3999910)
As to claim 5, Akiyama does not explicitly state the rectification chamber is further provided with a honeycomb plate between the rectification chamber and the air channel.
Pendlebury teaches an apparatus for quenching melt spun fibers [Abstract] wherein the rectifying wall phrased as a perforated plate (28) is placed adjacent to a honeycomb plate (32) in order to allow for better distribution of the gas and control of gas velocity [Fig 1B, 2, col 5 line 18- col 6 line 60]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and included a honeycomb plate after the rectification wall before the air channel, as suggested by Pendlebury, in order to allow for better distribution of the gas and control of gas velocity.
As to claim 7, Akiyama teaches the air chambers are plural (11, 12) and are placed side by side, each of the air chambers is connected to an air duct (9) through a connecting tube (10) [Fig 2].
Claims 1, 3, 5 and 7 are rejected under 35 U.S.C. 103 as being over by Akiyama (US 4064605) in view of Anderson (US 5219582) and Pendlebury (US 3999910).
As to claim 1, Akiyama teaches a device for drawing filaments to form a nonwoven fabric [Abstract], having a nozzle carrier [Fig 1], the nozzle carrier having an elongated drawing channel, wherein the drawing channel comprises a filament inlet and a filament outlet (6), wherein the drawing channel has on its opposite sides an air nozzle generating a downward air flow, wherein the air nozzle communicates with an air chamber (11, 12) on both sides of the nozzle carrier through an air channel (5),The air channel is inclined downwardly such that the air leaves the air nozzle in a downwardly inclined orientation as depicted by the curved downward arrows [Fig 1, 2]. Akiyama teaches a web forming belt arranged below the nozzle carrier [Fig 1]. Akiyama teaches e the air chamber is provided with a deflector (the middle wall) between an inlet port and an outlet port and the deflector has its first end fixed to a first side wall of the air chamber near the rectification chamber and extends in a horizontal direction, a second end of the deflector is spaced from a second side wall of the air chamber opposite to the first side wall [Fig 2]. Furthermore, having the deflector be vertically arranged as opposed to horizontally is a mere rearrangement of part, generally recognized to be obvious, see MPEP 2144.04 VI C.
Akiyama does not explicitly state that the rectification wall of the at least one rectification chamber is provided to be partially ventilated.
Anderson teaches a method of producing melt spun fibers [Abstract] wherein a rectification device (16, 15) is provided between the air channel (30) and the air chamber (18); air flow passes from the air chamber (18) through the rectification device (16, 15) and enters the air channel through the air channel inlet (surface of 30 next to 15); the rectification device has at least one rectification chamber (17); a rectification wall (16 or 15) of the at least one rectification chamber is provided to be partially ventilated [Fig 2, col 3 line 1-30]. The rectification wall (16 or 15) of the at least one rectification chamber is provided to be partially ventilated as this distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. The rectification chamber is placed horizontally relative to the air chamber when viewed from the direction of the air inlet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and included a rectification chamber have ventilated rectification walls and place it horizontally relative to the air chamber, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
Furthermore, the additional rectification chamber with an air inlet
Akiyama does not teach the ventilated area of at least one of the rectification walls is provided staggered from the ventilated area of the other rectification wall.
Anderson teaches a method of producing melt spun fibers [Abstract]. Anderson teaches the ventilated area of at least one of the rectification walls (15) is provided staggered from the ventilated area of the other rectification wall (16) as this distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and had the ventilated area of at least one of the rectification walls is provided staggered from the ventilated area of the other rectification wall, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
Akiyama does not explicitly state the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber.
Anderson teaches a method of producing melt spun fibers [Abstract].Anderson teaches the rectification device has one rectification chamber (17); the rectification chamber is provided with a ventilated area in a first position (the entirety of porous portion of 15) of the rectification wall (15) thereof away from the air chamber corresponding to an air channel inlet (30); the rectification chamber has an air inlet (channels through 16) at a position staggered from the first position of the rectification wall near the air chamber [Fig 2]. This distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and had the rectification device has one rectification chamber; the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
the combination of Akiyama and Anderson teaches in the rectification chamber away from the air chamber, its rectification wall (15) close to the air channel has an ventilated area in a first position corresponding to the air channel inlet and the other the rectification wall (16) is provided with a ventilated area at a second position staggered from the first position[Fig 2] as explained above.
Akiyama does not explicitly state the rectification device has two rectification chambers; in the rectification chamber away from the air chamber, in the rectification chamber closest to the air chamber, its rectification wall close to the air chamber has an air inlet at a third position corresponding to the second position of the rectification wall.
Pendlebury teaches an apparatus for quenching melt spun fibers [Abstract] wherein there are 2 rectifying chambers (19 and either of 12A, 12B) rectifying wall phrased as a perforated plate (28) is placed adjacent to a honeycomb plate (32) in order to allow for better distribution of the gas and control of gas velocity and the ventilating portion of 28 (is entire surface corresponds to the inlet (21) [Fig 1B, 2, col 5 line 18- col 6 line 60]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and included the rectification device has two rectification chambers; in the rectification chamber away from the air chamber, in the rectification chamber closest to the air chamber, its rectification wall close to the air chamber has an air inlet at a third position corresponding to the second position of the rectification wall, as suggested by Pendlebury, in order to allow for better distribution of the gas and control of gas velocity.
Additionally, the 2 rectification chambers both arranged horizontally is just a duplication of part of the chamber ending in a rectification wall in Anderson. As the rectification wall is ventilated across its entire height, the duplication would provide an air inlet at a third position corresponding to a second position of the rectification wall.
As to claim 3, Akiyama does not explicitly state Anderson teaches the rectification device has one rectification chamber; the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber.
Anderson teaches a method of producing melt spun fibers [Abstract].Anderson teaches the rectification device has one rectification chamber (17); the rectification chamber is provided with a ventilated area in a first position (the entirety of porous portion of 15) of the rectification wall (15) thereof away from the air chamber corresponding to an air channel inlet (30); the rectification chamber has an air inlet (channels through 16) at a position staggered from the first position of the rectification wall near the air chamber [Fig 2]. This distributes the air uniformly and controls the air velocity [Fig 2, col 3 line 1-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and had the rectification device has one rectification chamber; the rectification chamber is provided with a ventilated area in a first position of the rectification wall thereof away from the air chamber corresponding to an air channel inlet; the rectification chamber has an air inlet at a position staggered from the first position of the rectification wall near the air chamber, as suggested by Anderson, in order to uniformly distribute the air and control its velocity.
As to claim 5, Akiyama does not explicitly state the rectification chamber is further provided with a honeycomb plate between the rectification chamber and the air channel.
Pendlebury teaches an apparatus for quenching melt spun fibers [Abstract] wherein the rectifying wall phrased as a perforated plate (28) is placed adjacent to a honeycomb plate (32) in order to allow for better distribution of the gas and control of gas velocity [Fig 1B, 2, col 5 line 18- col 6 line 60]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Akiyama and included a honeycomb plate after the rectification wall before the air channel, as suggested by Pendlebury, in order to allow for better distribution of the gas and control of gas velocity.
As to claim 7, Akiyama teaches the air chambers are plural (11, 12) and are placed side by side, each of the air chambers is connected to an air duct (9) through a connecting tube (10) [Fig 2].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMAND MELENDEZ whose telephone number is (571)270-0342. The examiner can normally be reached 9 AM- 6 PM Monday-Friday.
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 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, Curtis Mayes can be reached on 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ARMAND MELENDEZ/Primary Examiner, Art Unit 1759
Prosecution Insights