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 .
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 4-14 and 25-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williamson (2005/0202115).
Regarding claim 1, Williamson discloses a horizontal compaction apparatus, including:
(a) an elongated open-ended ramming chamber (50) having a fill port opening (51), a longitudinal bore (52), a compression end (53), and an extrusion end (57),
(b) a ramming head (20) pushes material within compression end (53) of ramming chamber (50) along longitudinal bore (52),
(c) a continuous homogeneous block (40) comprised of all previously compressed material occupies the bulk of the extrusion end (57) of ramming chamber (50), and functions as an integral part of the compaction unit (100),
(d) a hydraulic cylinder (10) (part of an actuator) provides movement to ramming head (20) to compress the loose block-making material (40A) against block (40);
(e) a control panel by (CP) which can be a master control panel with start/stop switches, emergency stop switch, and may include a microprocessor (MP), which includes data storage, operating system, and input devices necessary to completely control the entire operational functions of a large complex block-ramming machine
Wherein the control device includes switches, toggles, timing device and other actuator [0067] for compacting different material such as earth, fibers which inherently including or is capable of including cellulose fibers [0003].
Regarding the newly added limitation that the toggle press further includes a pressing force indicating arrangement such as pressing force sensor such as a load cell, a strain gauge force sensor – see current specification, [0190], wherein the electronic control system is operatively connected to the pressing force indicating arrangement and configured to control operation of the pressing actuator arrangement based on pressing force indicating feedback information received from the pressing force indicating arrangement; Williamson further discloses that the control device also includes high pressure gauges to monitor compaction pressure [0102] connected to an electronic control system to automatically control and adjust the length of the compaction stroke [0107].
Regarding claim 2, Williamson further discloses a hopper 80 primarily vertically downwards into the pressing area.
Regarding claims 4-8 and 25, wherein the control system includes a plurality of different sensor devices (SD), including pressure gauges, sensory switches, temperature gauges, motion detectors, infrared devices [0047] and a plurality of electronic measuring devices (MD), such as measuring devices, laser rangefinders, physical rods with trip switches, a microprocessor with a computer connected to a network, a controller connected to a master start/stop switch, an emergency shutdown switch [0050], a physical stop [0052] that are configured to control the amount of hydraulic pressure applied to a constant amount of block-making material and to provide compaction units for a multitude of different block sizes at the optimum conditions for the formation a high-density lift, [0065]; wherein the operation of the apparatus can be fully controlled and automated based on a combination of physical stops (PS) and measuring devices (MD) to control overall stroke length and the molding cavity [0095].
Regarding claim 9, wherein the apparatus further comprises a shearing chamber 60 for cutting the extruded block 40 to any desired length [0069], wherein the chamber 60 is held rigidly in place by a sliding mechanism that allows chamber 60 to move only in one plane or axis. Providing movement is a low-profile hydraulic cylinder 10 (part of an actuator), which activates a lever 68 over a fulcrum 64 to cause chamber 60 to move and cleanly fracture or split block 40 along the point of contact between the two chambers [0069].
Regarding claims 10 and 26, Williamson further discloses that the compression is controlled based on temperatures of the local environment saving on heating and cooling costs [0123] and a compression force of 300-400 PCI, and that the hydraulic pressure is changed depending on the desired compression factors, the size of the compression blocks and the time of the compression [0088]-[0089].
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 1-2, 4-14 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Larsson et al. (2021/0069942) in view of Williamson (2005/0202115).
Regarding claims 1, 4-10, and 25-26, Larsson et al. disclose an apparatus for producing a cellulose product, comprising a pair of pressure feed rollers 10 arranged so that the rollers are pushed against each other with a force F1, and when layers of cellulose blanks 3, 4 are passing between the pair of pressure feed rollers 10, the layers are compacted and forming the multi-layer cellulose blank structure 2 – see Fig. 1, [0047] is heated to a forming temperature in the range of 100°C to 300°C and then pressed in a forming mould 5 with an isostatic forming pressure of 4-20 MPa [0054], wherein the mold 5 comprises a lower mould part 19a, an upper mould part 19b that are pressed together with a compression force Fc [0064].
However, Larsson et al. fails to disclose a toggle mechanism connected to an electronic controller for controlling the toggle mechanism and the opening/closing of the mold.
Regarding claims 1, 4-8 and 25, Williamson discloses a horizontal compaction apparatus, including:
(a) an elongated open-ended ramming chamber (50) having a fill port opening (51), a longitudinal bore (52), a compression end (53), and an extrusion end (57),
(b) a ramming head (20) pushes material within compression end (53) of ramming chamber (50) along longitudinal bore (52),
(c) a continuous homogeneous block (40) comprised of all previously compressed material occupies the bulk of the extrusion end (57) of ramming chamber (50), and functions as an integral part of the compaction unit (100),
(d) a hydraulic cylinder (10) (part of an actuator) provides movement to ramming head (20) to compress the loose block-making material (40A) against block (40);
(e) a control panel by (CP) which can be a master control panel with start/stop switches, emergency stop switch, and may include a microprocessor (MP), which includes data storage, operating system, and input devices necessary to completely control the entire operational functions of a large complex block-ramming machine
Wherein the control device includes switches, toggles, timing device and other actuator [0067] and that the control device also includes high pressure gauges to monitor compaction pressure [0102] connected to an electronic control system to automatically control and adjust the length of the compaction stroke [0107].
Williamson further discloses that the control system includes a plurality of different sensor devices (SD), including pressure gauges, sensory switches, temperature gauges, motion detectors, infrared devices [0047] and a plurality of electronic measuring devices (MD), such as measuring devices, laser rangefinders, physical rods with trip switches, a microprocessor with a computer connected to a network, a controller connected to a master start/stop switch, an emergency shutdown switch [0050], a physical stop [0052] that are configured to control the amount of hydraulic pressure applied to a constant amount of block-making material and to provide compaction units for a multitude of different block sizes at the optimum conditions for the formation a high-density lift, [0065]; wherein the operation of the apparatus can be fully controlled and automated based on a combination of physical stops (PS) and measuring devices (MD) to control overall stroke length and the molding cavity [0095].
It would have been obvious to one of ordinary skill in the art to provide Larsson’s forming mold unit 12 with a controller connected to a toggle mechanism as taught by Williamson in order to electrically connected a plurality of sensors to the controller to actively control the toggle mechanism, the clamping of the molds and the operation of the press based in the information received from the sensors.
Regarding claim 2, Larsson et al discloses a hopper 13, Williamson discloses a hopper 80 primarily vertically downwards into the pressing area.
Regarding claim 9, Larsson et al. discloses a cutting device [0073]. Williamson further discloses that the apparatus comprises a shearing chamber 60 for cutting the extruded block 40 to any desired length [0069].
Regarding claims 11-12, Larsson et al. further discloses that a feeding unit for intermittently fed the cellulose blank to the forming mold in the form of a buffer zone arrangement, where a pivot roller arm with a lift roller lifts and bends the multi-layer cellulose blank structure in a gentle arc with a synchronized servo-controlled movement so that a suitable length of the multi-layer cellulose blank structure is buffered to enable on-demand incremental feeding of the multi-layer cellulose blank structure into the forming mould. When the pivot roller arm is lowered, the buffered multi-layer cellulose blank structure can be fed intermittently to the forming mould. The pivot roller arm is thus lifted and lowered in a repeated manner to accomplish the buffering of the multi-layer cellulose blank structure, so that the multi-layer cellulose blank structure is intermittently fed to the forming mould, via for example feeding rollers arranged after the pivot roller arm [0051].
Regarding claims 13-14, Larsson further discloses a plurality of feeding rolls 8, 9, 11, 18, 20 and a hopper for different materials forming the multi-layer cellulose blank structure 2.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 12,515,393. Although the claims at issue are not identical, they are not patentably distinct from each other because they are essentially overlapping.
Response to Arguments
Applicant's arguments filed 01/29/2026 have been fully considered but they are not persuasive. The applicants argued that Williamson fails to disclose limitations of previously recited claim 3. However, upon further review, the current specification discloses that the pressing force indicating arrangement can be a load cell, a strain gauge force sensor – see current specification, [0190]; Williamson also discloses that the control device also includes high pressure gauges to monitor compaction pressure [0102] connected to an electronic control system to automatically control and adjust the length of the compaction stroke [0107]. Thus, Williamson discloses claims 1-2, and 4-10 as described above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thu-Khanh T. Nguyen whose telephone number is (571)272-1136. The examiner can normally be reached 7:30-4:30.
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/Thu Khanh T. Nguyen/Primary Examiner, Art Unit 1743