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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 02/26/2026 is acknowledged.
Claims 18-30 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2026.
Response to Amendment
Applicant amendment filed 02/26/2026 has been entered and is currently under consideration. Claims 1-30 remain pending in the application.
Claim Objections
Claim 1 objected to because of the following informalities:
In claim 1, “is extending” should read --extends--.
Appropriate correction is required.
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.
Claim 17 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.
Regarding claim 17, the phrases "specifically" and “more specifically” render the claim indefinite because it is unclear whether the limitation(s) following the phrases are part of the claimed invention. See MPEP § 2173.05(d).
Furthermore, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 17 recites the broad recitation a horizontal direction, and the claim also recites specifically with the pressing direction of the pressing member arranged within 20 degrees from the horizontal direction, and more specifically with the pressing direction in parallel with the horizontal direction which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For the purpose of compact prosecution , the claim is interpreted to require the broad range.
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 4 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 4 recites wherein the cellulose blank structure is intermittently fed from the buffering module to the pressing module. However, claim 1 already requires “feeding the cellulose blank structure from the buffering module to the pressing module” and “the cellulose blank structure is… intermittently fed from the buffering module”. Therefore the claim fails to further limit the subject matter of the claim upon which it depends.
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
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.
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larsson et al. (US2019/0070819 of record) hereinafter Larsson in view of Simon et al. (US2006/0096065 of record) hereinafter Simon.
Regarding claim 1, Larsson teaches:
A method for manufacturing non-flat cellulose products from an air-formed cellulose blank structure in a product forming unit (Fig 1: cellulose product forming apparatus 18; [0019]), wherein the product forming unit comprises a buffering module and a pressing module comprising one or more forming molds (Fig 1: forming mold 3), wherein the method comprises the steps:
providing the cellulose blank structure and feeding the cellulose blank structure to the buffering module (Fig 1: feeding unit 17; [0060-0061]);
buffering the cellulose blank structure in the buffering module, and feeding the cellulose blank structure from the buffering module to the pressing module (Fig 1; [0060-0061]);
forming cellulose products from the cellulose blank structure in the one or more forming molds by heating the cellulose blank structure to a forming temperature, and pressing the cellulose blank structure with a forming pressure ([0053]);
wherein the cellulose blank structure is continuously fed to the buffering module in a first feeding direction (Fig 1; [0060-0061]), and intermittently fed from the buffering module in a second feeding direction (Fig 1; [0060-0061]).
Larsson does not teach wherein the second feeding direction differs from the first feeding direction.
In the same field of endeavor regarding manufacturing cellulose products, Simon teaches feeding a cellulose blank structure to a buffering module in a first feeding direction and feeding the cellulose blank structure from the buffering module in a second feeding direction, wherein the second feeding direction differs from the first feeding direction (Fig 1: regulating module 7; [0035-0036]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have substituted the feeding direction as taught by Larsson for the feeding direction as taught by Simon and the results would have been predictable since both references teach feeding of a cellulose blank structure to a buffering module for feeding in to a product forming unit.
Regarding claim 2, Larsson in view of Simon teaches the method of claim 1.
Simon further teaches wherein the first feeding direction is opposite to, or essentially opposite to, the second feeding direction (Fig 1, 1a).
Regarding claim 3, Larsson in view of Simon teaches the method of claim 1.
Larsson in view of Simon does not teach wherein the first feeding direction is an upwards direction and the second feeding direction is a downwards direction.
Simon teaches the opposite, wherein the first feeding direction is a downwards direction and the second feeding direction is an upwards direction. Therefore the difference between the prior art configuration and the claimed configuration would merely require a rearrangement of parts such that the first feeding direction is an upwards direction and the second feeding direction is a downwards direction. Applicant specification does not contain any disclosure of unexpected results of the claimed configuration as compared to the prior art.
It has been broadly held that rearrangement of parts is obvious. See MPEP 2144.04(VI)(C).
It would have been obvious to one of ordinary skill in the art prior to the effective to have rearranged the feeding directions as taught by Larsson in view of Simon so that the first feeding direction is an upwards direction and the second feeding direction is a downwards direction.
Regarding claim 4, Larsson in view of Simon teaches the method of claim 1.
Larsson further teaches wherein the cellulose blank structure is intermittently fed from the buffering module to the pressing module ([0060-0061]).
Regarding claim 5, Larsson in view of Simon teaches the method of claim 1.
Larsson further teaches wherein the buffering module is configured for alternatingly operating in a buffering mode and a feeding mode ([0060-0061]), wherein the method further comprises the steps of: feeding the cellulose blank structure to the buffering module in the buffering mode and the feeding mode with a continuous input speed ([0060-0061]); and feeding the cellulose blank structure from the buffering module in the buffering mode with an output speed lower than the output speed of the cellulose blank structure from the buffering module in the feeding mode ([0060-0061]; output speed is zero when buffering phase of intermittent feeding. furthermore, output speed must necessarily be less than feed speed for buffering to occur).
Regarding claim 6, Larsson in view of Simon teaches the method of claim 5.
Larsson further teaches wherein the output speed in the buffering mode is zero, or wherein the output speed in the buffering mode is essentially zero ([0060-0061]; output speed is zero when buffering phase of intermittent feeding).
Regarding claim 7, Larsson in view of Simon teaches the method of claim 5.
Larsson further teaches wherein the buffering module comprises an inlet portion, an outlet portion, and a buffering portion between the inlet portion and the outlet portion (Fig 1, Annotated Larsson Fig 1), wherein the cellulose blank structure has a buffering extension in the buffering portion between the inlet portion and the outlet portion (Fig 1, Annotated Larsson Fig 1), wherein the method further comprises the steps of: gradually increasing the buffering extension of the cellulose blank structure in the buffering portion during the buffering mode, and gradually decreasing the buffering extension of the cellulose blank structure in the buffering portion during the feeding mode (Fig 1, Annotated Larsson Fig 1 ; [0060-0061]).
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Regarding claim 8, Larsson in view of Simon teaches the method of claim 7.
Simon further teaches the buffering portion comprises a guide member (Fig 9: rod 10, crank 12), wherein the guide member comprises a first arm section and a second arm section, wherein the method further comprises the steps of: varying an angular relationship between the first arm section and the second arm section for varying the buffering extension (Fig 9; [0036]).
Larsson further teaches intermittently varying the buffering extension in the buffering mode and the feeding mode and varying the buffering extension in the buffering mode and the feeding mode ([0060-0061]).
Regarding claim 9, Larsson in view of Simon teaches the method of claim 8.
Larsson further teaches continuously feeding the cellulose blank structure to the inlet portion and intermittently feeding the cellulose blank structure from the outlet portion through activation of the guide member, wherein during activation of the guide member in the buffering mode a buffer of the cellulose blank structure is built in the buffering portion, and wherein during activation of the guide member in the feeding mode a buffer of the cellulose blank structure is released from the buffering portion (Fig 1; [0060-0061]).
Regarding claim 10, Larsson in view of Simon teaches the method of claim 1.
Larsson further teaches wherein the product forming unit comprises a blank dry-forming module configured for providing the cellulose blank structure (Fig 1: dry forming unit 11), wherein the method further comprises the steps of: providing a cellulose raw material and feeding the cellulose raw material to the blank dry-forming module (Fig 1: roll 21; [0054]); dry-forming the cellulose blank structure from the cellulose raw material in the blank dry-forming module (Fig 1: cellulose blank 1a; [0053-0056]); and feeding the cellulose blank structure from the blank dry-forming module to the buffering module (Fig 1; [0060-0061]).
Regarding claim 11, Larsson in view of Simon teaches the method of claim 10.
Larsson further teaches wherein the blank dry-forming module comprises a mill (Fig 1: separating unit 13; [0054]), a forming chamber (Fig 1: forming box 23), and a forming wire arranged in connection to the forming chamber (Fig 1: forming wire 14), wherein the method further comprises the steps: separating fibers from the cellulose raw material in the mill and distributing the separated fibers into the forming chamber onto the forming wire for forming the cellulose blank structure ([0054-0055]).
Regarding claim 12, Larsson in view of Simon teaches the method of claim 11.
Larsson further teaches wherein the forming wire comprises a forming section arranged in connection to a forming chamber opening of the forming chamber, wherein the method further comprises the step of: forming the cellulose blank structure onto the forming section (Fig 1; [0054-0055]).
Regarding claim 13, Larsson in view of Simon teaches the method of claim 12.
Larsson further wherein the forming section extends in a blank forming direction, wherein the method further comprises the steps of: forming the cellulose blank structure onto the forming section, and transporting the formed cellulose blank structure from the forming section in the blank forming direction towards the buffering module (Fig 1; [0054-0055, 0060-0061]).
Larsson in view of Simon does not teach the forming section extends in an upwards blank forming direction.
Larsson teaches the blank forming direction is horizontal (Fig 1). Therefore the difference between the prior art configuration and the claimed configuration would merely require a rearrangement of parts such that the forming section extends in an upwards blank forming direction. Applicant specification does not contain any disclosure of unexpected results of the claimed configuration as compared to the prior art.
It has been broadly held that rearrangement of parts is obvious. See MPEP 2144.04(VI)(C).
It would have been obvious to one of ordinary skill in the art prior to the effective to have rearranged the forming section as taught by Larsson in view of Simon so that the forming section extends in an upwards blank forming direction.
Regarding claim 14, Larsson in view of Simon teaches the method of claim 10.
Larsson further teaches a blank recycling module and wherein the method further comprises the steps of: feeding residual parts of the cellulose blank structure from the pressing module to the blank dry-forming module (separating unit 13; [0092]).
Regarding claim 15, Larsson in view of Simon teaches the method of claim 1.
Larsson further teaches wherein the product forming unit comprises a barrier application module arranged upstream the buffering module, and wherein the method further comprises the step of: applying a barrier composition onto the cellulose blank structure in the barrier application module ([0081]; the barrier is pre-applied when the blank is produced, i.e., in dry forming unit 11).
Regarding claim 16, Larsson in view of Simon teaches the method of claim 1.
Larsson in view of Simon does not explicitly recite forming the cellulose products from the cellulose blank structure in the one or more forming molds by heating the cellulose blank structure to a forming temperature in the range of 100-300 °C, and pressing the cellulose blank structure with a forming pressure in the range of 1-100 MPa.
However, Larsson teaches a range of values for the forming temperature and pressure that overlaps with the claimed ranges ([0018]).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP 2144.05.
Since overlapping ranges are evidence of prima facie obviousness, it would have been obvious to one of ordinary skill prior to the effective filing date of the claimed invention to have chosen the portion of the forming temperature and pressure as taught by Larsson that overlaps with the claimed range.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larsson in view of Simon as applied to claim 1 above, and further in view of Kobayashi et al. (US2008/0211126) hereinafter Kobayashi.
Regarding claim 17, Larsson in view of Simon teaches the method of claim 1.
Larsson further teaches forming the non-flat cellulose products from the cellulose blank structure ([0021]), a pressing actuator arrangement and wherein the one or more forming molds each includes a moveable first mold part attached to the pressing member and a stationary second mold part, feeding the cellulose blank structure into a pressing area defined by the first and second, spaced apart, mold parts, and forming the cellulose products from the cellulose blank structure by pressing each first forming mold part against the stationary second forming mold part (Fig 1, 6a-c: unlabeled cylinder actuator, mould parts 2a, 2b; [0105-0106]).
Larsson in view of Simon does not teach wherein the pressing module is a cellulose product toggle pressing module for forming the non-flat cellulose products from the cellulose blank structure, wherein the method further comprises the steps of:
providing the cellulose product toggle pressing module having a toggle press and the one or more forming molds, wherein the toggle press includes a pressing member movably arranged in a pressing direction, a toggle-mechanism connected to the pressing member, a pressing actuator arrangement connected to the toggle-mechanism, and an electronic control system operatively connected to the pressing actuator arrangement, and,
installing the toggle press with the pressing direction of the pressing member arranged primarily in a horizontal direction,
controlling operation of the pressing actuator arrangement by means of the electronic control system for driving the pressing member using the toggle-mechanism in the pressing direction.
In the same field of endeavor regarding molding, Kobayashi teaches wherein the pressing module is a toggle pressing module (Fig 1: mold clamping apparatus 10), wherein the method further comprises the steps of:
providing the toggle pressing module having a toggle press and one or more forming molds (Fig 1: toggle mechanism 20, platen 13, movable mold 11b, stationary mold 11a), wherein the toggle press includes a pressing member movably arranged in a pressing direction (Fig 1: platen 13), a toggle-mechanism connected to the pressing member (Fig 1: toggle mechanism 20), a pressing actuator arrangement connected to the toggle-mechanism (Fig 1: motor 26), and an electronic control system operatively connected to the pressing actuator arrangement (Fig 1: control apparatus 19), and,
installing the toggle press with the pressing direction of the pressing member arranged primarily in a horizontal direction (Fig 1),
controlling operation of the pressing actuator arrangement by means of the electronic control system for driving the pressing member using the toggle-mechanism in the pressing direction ([0054]) for the motivation of correcting a molding condition position such as a mold protection position when adjusting a mold-clamping force ([0012]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the pressing module as taught by Larsson in view of Simon with the toggle mechanism and control apparatus as taught by Kobayashi in order to correct a molding condition position such as a mold protection position when adjusting a mold-clamping force.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER A WANG whose telephone number is (571)272-5361. The examiner can normally be reached M-Th 8 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER A WANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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