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 .
Response to Amendment
Applicant's 5-26-2026 Amendment was received. New Claim 19 was presented. Claims 1-19 are pending. Claims 3, 5-9, 11-15, and 17-18 are withdrawn. Claims 1-2, 4, 10, 16, and 19 are examined in this action.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: a securing mechanism in Claim 1; a gripping mechanism in Claim 1; a turning mechanism in Claim 1; and a separating mechanism in Claim 1; a feeding mechanism in Claim 2; a separating piece insertion mechanism in Claim 4; a transferring mechanism in Claim 10.
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 § 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,209,149 to Mohr.
In re Claim 1, Mohr teaches a workpiece cutting device that cuts a sheet-shaped or thin plate-shaped workpiece (see Figs. 1-2, sheet workpiece #8) formed into a sheet shape by partially coupling a plurality of small pieces of CFRP or GFRP to each other along seams into a first-side workpiece and a second-side workpiece (the Examiner notes that the claims are apparatus claims directed to the structure of the cutting device and do not require a particular workpiece – further, the Examiner notes that the structure of Mohr is capable of cutting a CFRP or GFRP sheet), the device comprising:
a securing mechanism that secures the first-side workpiece (see Fig. 1, #6);
a gripping mechanism that grips the second-side workpiece (see Fig. 1, #26b) ;
a turning mechanism that turns the second-side workpiece gripped by the gripping mechanism about a boundary with the first-side workpiece as an axis (see Figs. 1-2, #20/11/12/17, 50/40/4; see also Col 6, ll. 21-48); and
a separating mechanism that separates the first-side workpiece and the second-side workpiece at a vulnerable portion formed at the boundary through a turning operation of the second-side workpiece performed by the turning mechanism (see Figs 1-2, cutting knife #5 – see also Col. 6, ll. 15-20).
In re Claim 4, Mohr teaches wherein the separating mechanism is a separating piece insertion mechanism that inserts a thin plate-shaped separating piece into the vulnerable portion to separate the first-side workpiece and the second-side workpiece (see Figs. 1-3, knife #5 is a thin plate-shaped separating piece the is inserted into the workpiece – the Examiner notes that the claims are directed to the structure of the ‘workpiece cutting device” and do not affirmatively claim the workpiece – the structure of is capable of cutting the workpiece having a vulnerable portion to separate the workpiece into a first-side workpiece and a second side workpiece) .
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,209,149 to Mohr in view of US 6,601,490 to Gross.
In re Claim 2, Mohr is silent as to a feeding mechanism that moves the first-side workpiece in a state where securing by the securing mechanism has been released toward the turning mechanism by a predetermined amount.
However, Gross teaches that it is known in the art of moving web-type structure to provide a feeding mechanism (see Gross, Fig. 2, and 5, #15) that moves the first-side workpiece in a state where securing by the securing mechanism has been released toward the turning mechanism by a predetermined amount.
In the same field of invention, cutting devices for web-type materials, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to add the feed cradle #15 of Gross to the device of Mohr. Doing so positions the workpiece in the cutting device without requiring manual movement by the user.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,209,149 to Mohr in view of US 1,489,166 to Spiess.
In re Claim 10, Mohr teaches a transferring mechanism (see Figs. 1-2, the position of Fig. 9 vs. Fig. 3, the position of #9; see also Col 6, ll. 53-59) that transfers the second-side workpiece.
Mohr is silent as to the work pieces being transferred to a stacking jig for stacking the second-side workpiece separated from the workpiece and stacks the second-side workpiece.
However, Spiess teaches that it is known in the web cutting art to stack the cut workpieces on a jig (see Spiess showing a stack of workpieces #5 on table/jig #4). In the same field of invention, cutting webs, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date to stack the cut workpieces on a jig/table, as taught by Spiess. Doing so collects all the cut workpieces in one location thereby organizing the work products and preventing them from being lost or moved in a different location.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,209,149 to Mohr in view of DE 19625800 B4.
In re Claim 16, Mohr teaches A workpiece cutting method comprising, when a sheet-shaped or thin plate-shaped workpiece (see Mohr, Fig. 1-3, #8) formed into a sheet shape (see Mohr, Figs. 1-3, #8) is cut into a first-side workpiece and a second-side workpiece by the workpiece cutting device according to claim 4:
a securing step of securing the first-side workpiece by the securing mechanism (see Figs. 1-2, #6; see also Col. 6, ll. 1-48);
a gripping step of gripping the second-side workpiece by the gripping mechanism (see Figs. 1-3, #26b; see also Col. 6, ll. 1-48 );
a folding step of turning the second-side workpiece gripped by the gripping mechanism about a boundary with the first-side workpiece as an axis by the turning mechanism (see Fig. 2; see also Col. 3, ll. 12-32 teaching that the piston is moved, or initiated movement during the cutting); and
a separating step of separating the first-side workpiece and the second-side workpiece by the separating mechanism at a vulnerable portion formed at the boundary in the folding step (see Fig. 1-3, #5; see also Col. 6, ll. 1-48).
Mohr is silent as a sheet shape by partially coupling a plurality of small pieces of CFRP or GFRP to each other along seams. However, DE 19625800 B4 teaches that it is known to use a cutting device to cut a fiber blank (see DE 19625800 B4, Figs. 1-2, and the specification which states: To cut out the blank means are provided from the semifinished product, for example a cutting device). In the same field of invention, cutting devices it would have been obvious to one of ordinary skill in the art, at the earliest effective filling date, to use the cutting device of Mohr to cut any sheet, including a fiber sheet. Doing so is the substation of one known cutting device for another known cutting device to cut a web or sheet (see MPEP 2143, I B).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,209,149 to Mohr.
In re Claim 19, Mohr teaches wherein the securing mechanism includes an upper pressurizing portion (see Figs. 1-3, #6), and wherein the gripping mechanism includes a second air cylinder disposed downstream of the first air cylinder (see Fig. 1. #26a/b and #27), a receiving portion secured to the second air cylinder (see Fig. 1, #26a, and an upper pressurizing portion provided at a distal end of a cylinder rod of the second air cylinder and configuring a clamp along with the receiving portion (see Fig. 1, #26b).
Mohr is silent as to the structure that moves #6 up and down and as such does not teach a first air cylinder, and the upper pressure portion that is provided at a distal end of a cylinder rod. However, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date to utilize an air cylinder as taught by Mohr to move the other structures. Doing so would not require a different system, such as a hydraulic cylinder or a linear actuator, which would require either hydraulic systems or electrical systems. In other words, using the pneumatic system to move the blade up and down would have been a simple salutation as the pneumatic system was already taught by Mohr.
Response to Arguments
Applicant’s arguments, see Pgs. 10-11, filed 5-26-2026, with respect to the rejection(s) of claim(s) 1 and 4 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 5,209,149 to Mohr.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN RILEY whose telephone number is (571)270-7786. The examiner can normally be reached Monday - Friday, 8:30 AM - 5:00 PM.
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/JONATHAN G RILEY/Primary Examiner, Art Unit 3724
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