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 .
Drawings
The drawings were received on April 1, 2026. These drawings are acceptable.
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 13-14 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 13 is indefinite because it is dependent upon itself. The Examiner suggests making claim 13 dependent upon claim 7.
Claim 14 is rejected as being dependent upon a rejected claim.
For purposes of further examination, the scope of the claims are read in light of the suggested Examiner amendments.
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.
Claims 20-21 are 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 20 is redundant to claim 13, upon which claim 20 depends. The Examiner suggests making claim 20 dependent upon claim 15.
Claim 21 is rejected as being dependent upon a rejected claim.
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.
For purposes of further examination, the scope of the claims are read in light of the suggested Examiner amendments.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 3, 7-8, 11, 15-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by JP 62-246714.
(Claim 1) JP 62-246714 discloses an apparatus for cooling (figs. 1-3; see entire English
translation), the apparatus comprising:
an air ring plenum 7, 12, 13 comprising an interior circumferential plenum opening (figs. 1-3)
and an inlet 8 located on an exterior surface of the air ring plenum (figs. 1-3), the inlet comprising a
hollow passageway 8 fluidly connected to an interior volume of the air ring plenum (figs. 1-3), the air
ring plenum including at least one divider plate 14, the at least one divider plate 14 and an upper
interior surface (i.e., the lower surface of element 12) defining a first upper channel circumscribed
around the plenum opening (figs. 1-3), the at least one divider plate 14 and a lower interior surface (i.e.,
the upper surface of element 13) defining a second lower channel circumscribed around the plenum
opening (figs. 1-3), wherein the first upper channel and the second lower channel are fluidly connected
to the inlet 8 (figs. 1-3);
wherein the inlet 8 is operable to receive cooling gas and allow the cooling gas to flow through the inlet to the first upper channel in a first annular direction circumscribing around the plenum opening and the second lower channel in a second annular direction circumscribing around the plenum opening, wherein the first annular direction is opposite the second annular direction (as shown in figs 1-3, air is supplied into the annular hollow body 7 from pipes 8; at startup, the air flow from a pipe 8 will go in opposite circumferential (annular) directions in the annular hollow body 7, these opposite circumferential direction air flows in the annular hollow body will also continue into the first upper channel and the second lower channel circumscribing around the plenum opening until steady state air flow is achieved);
(Claim 3) the air ring plenum comprising a first flow director (figs. 1-3 show the upper edge
surface of element 14, adjacent the inlet 8, directs air to the upper channel) located on the first upper
channel adjacent the inlet 8, and a second flow director (figs. 1-3 show the lower edge surface of element 14, adjacent the inlet 8, directs air to the lower channel) located on the second lower channel
adjacent the inlet 8.
(Claim 7) JP 62-246714 discloses an apparatus (figs. 1-3; see entire English translation)
comprising:
a blown film die 1 operable for producing a molten film tube 2;
an air ring plenum 7, 12, 13 comprising an inlet 8 fluidly connected to an interior circumferential
plenum opening (figs. 1-3), the air ring plenum comprising at least one divider plate 14 circumscribing
the plenum opening (figs. 1-3), a top interior surface (i.e., the lower surface of element 12) of the air ring
plenum and the divider plate 14 defining a first upper channel that circumscribes the plenum opening
(figs. 1-3), a bottom interior surface (i.e., the upper surface of element 13) of the air ring plenum and the
divider plate 14 defining a second lower channel that circumscribes the plenum opening (figs. 1-3), the
first channel and the second channel are fluidly connected to the inlet 8 to receive cooling gas (figs. 1-3);
wherein the inlet 8 is operable to receive cooling gas and allow the cooling gas to flow through the inlet to the first upper channel in a first annular direction circumscribing around the plenum opening and the second lower channel in a second annular direction circumscribing around the plenum opening, wherein the first annular direction is opposite the second annular direction (as shown in figs 1-3, air is supplied into the annular hollow body 7 from pipes 8; at startup, the air flow from a pipe 8 will go in opposite circumferential (annular) directions in the annular hollow body 7, these opposite circumferential direction air flows in the annular hollow body will also continue into the first upper channel and the second lower channel circumscribing around the plenum opening until steady state air flow is achieved);
and a cooling element 14A for cooling the molten film tube fluidly connected to air ring plenum, the cooling element 14A operable for receiving cooling gas from the first upper channel and the second lower channel through the plenum opening (figs. 1-3);
(Claim 8) the apparatus further comprising a straightening and adjusting section 16, 17 (as
shown in figs. 1-3, the slits 16, 17 straighten and adjust the air flow to flow along the molten film tube 2)
fluidly connected to the plenum opening (figs. 1-3), the straightening and adjusting section 16, 17 located such that it is operable to receive cooling gas from the plenum opening and guide the received
cooling gas to the cooling element 14A (figs. 1-3);
(Claim 11) the air ring plenum comprising a first flow director (figs. 1-3 show the upper edge
surface of element 14, adjacent the inlet 8, directs air to the upper channel) located on the first upper
channel adjacent the inlet 8, and a second flow director (figs. 1-3 show the lower edge surface of
element 14, adjacent the inlet 8, directs air to the lower channel) located on the second lower channel
adjacent the inlet 8.
(Claim 15) JP 62-246714 discloses a method for cooling (figs. 1-3; see entire English translation),
the method comprising:
(a) providing a molten film tube 2 from a blown film die 1; and
(b) cooling the molten film tube 2 by at least one cooling element 14A, the at least one cooling
element 14A operable to receive cooling gas from an air ring plenum 7, 12, 13 comprising an interior
circumferential plenum opening (figs. 1-3) and an inlet 8 located on an exterior surface of the air ring
plenum (figs. 1-3), the inlet 8 comprising a hollow passageway fluidly connected to an interior
volume of the air ring plenum (figs. 1-3), the air ring plenum including at least one divider plate 14, the
at least one divider plate 14 and an upper interior surface (i.e., the lower surface of element 12) defining
a first upper channel circumscribed around the plenum opening (figs. 1-3), the at least one divider plate
14 and a lower interior surface (i.e., the upper surface of element 13) defining a second lower channel circumscribed around the plenum opening (figs. 1-3), wherein the first upper channel and the second
lower channel are fluidly connected to the inlet 8 (figs. 1-3);
wherein the inlet 8 is operable to receive cooling gas and allow the cooling gas to flow through the inlet to the first upper channel in a first annular direction circumscribing around the plenum opening and the second lower channel in a second annular direction circumscribing around the plenum opening, wherein the first annular direction is opposite the second annular direction (as shown in figs 1-3, air is supplied into the annular hollow body 7 from pipes 8; at startup, the air flow from a pipe 8 will go in opposite circumferential (annular) directions in the annular hollow body 7, these opposite circumferential direction air flows in the annular hollow body will also continue into the first upper channel and the second lower channel circumscribing around the plenum opening until steady state air flow is achieved);
(Claim 16) wherein the plenum opening of the air ring plenum is fluidly connected to a
straightening and adjusting section 16, 17 (as shown in figs. 1-3, the slits 16, 17 straighten and adjust the
air flow to flow along the molten film tube 2), the straightening and adjusting section 16, 17 located
such that it is operable to receive cooling gas from the plenum opening and guide the received cooling
gas to the cooling element 14A (figs. 1-3);
(Claim 18) wherein the air ring plenum comprises a first flow director (figs. 1-3 show the upper
edge surface of element 14, adjacent the inlet 8, directs air to the upper channel) located on the first
upper channel adjacent the inlet 8, and a second flow director (figs. 1-3 show the lower edge surface of
element 14, adjacent the inlet 8, directs air to the lower channel) located on the second lower channel
adjacent the inlet 8.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 62-246714.
JP 62-246714 discloses the apparatus substantially as claimed, as mentioned above, except for
all the limitations of claims 2 and 10.
JP 62-246714 further discloses that the divider plate is located in the plenum opening (figs. 1-2) and that the air ring plenum further comprises a second inlet 8 (fig. 1 shows two inlets 8). As shown in fig. 1, the divider plate 14 is an annular plate that surrounds the tube 2. It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the annular plate of JP 62-246714 to be made from two semi-annular plates because the mere fact that a given structure is integral does not preclude its consisting of various elements, Howard et al. V. Detroit Stove Works, 150 U.S. 164. See Making Separable in MPEP 2144.04. In view of the modification, in fig. 1 of JP 62-246714, if the two semi-annular plates are placed respectively to the left side and the right side of the tube 2 to define a first left side divider plate and a second right side divider plate, the first upper channel and the second lower channel would be defined by the first left side divider plate, and the second right side divider plate would define a third upper channel and a fourth lower channel.
Claim(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 62-246714
in view of Konermann JS 5,281,375).
JP 62-246714 discloses the apparatus substantially as claimed, as mentioned above, except for
all the limitations of claims 9 and 17.
Konermann (US 5,281,375) disclose a method and apparatus for cooling blown film (figs. 1-3 and
5-14; col. 6, line 16, to col. 13, line 9) including a straightening and adjusting section 118, 318 (as shown
in figs. 10 and 13, the slit/gap 118, 318 straightens and adjusts the air flow to flow along the molten film
tube 110, 310);
(Claim 9) wherein the straightening and adjusting section is circumferentially adjustable by a
controller 12 to increase or decrease a flow of cooling gas in response to circumferential thickness
profiler measurements (from sensors 11) of the molten film tube (the cooling gas flow along the
circumference of the slit/gap 118, 318 is adjusted to increase or decrease by controller 12 in response to
the thickness measurements);
(Claim 17) wherein the straightening and adjusting section is connected to a controller 12
operable to adjust a flow of cooling gas through the straightening and adjusting section 118, 318 in
response to a circumferential thickness profile measurement (from sensors 11) of the molten film tube
(the cooling gas flow along the circumference of the slit/gap 118, 318 is adjusted by controller 12 in
response to the thickness measurements).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the apparatus of JP 62-246714 wherein the straightening and adjusting section is
circumferentially adjustable by a controller to increase or decrease a flow of cooling gas in response to
circumferential thickness profiler measurements of the molten film tube, as disclosed by Konermann (US
5,281,375), because such a modification is known in the art and would provide an alternative
configuration for the apparatus capable of tube thickness control; OR to modify the method of JP 62-
246714 wherein the straightening and adjusting section is connected to a controller operable to adjust a
flow of cooling gas through the straightening and adjusting section in response to a circumferential thickness profile measurement of the molten film tube, as disclosed by Konermann (US 5,281,375),
because such a modification is known in the art and would provide an alternative configuration for the
method capable of tube thickness control.
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be
allowable if rewritten in independent form including all of the limitations of the base claim and any
intervening claims.
Claims 13-14 and 20-21 would be allowable if rewritten 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 and to include all
of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior
art of record does not teach or reasonably suggest:
the apparatus, as recited by claims 5-6, particularly the air ring plenum comprising a first upper
termination wall located on an outer radial edge of a portion of the divider plate, the first termination
wall operable to prevent cooling gas from directly entering a terminal end of the first upper channel
from the inlet, and a second lower termination wall located on the outer radial edge of a portion of the
divider plate, the second lower termination wall operable to prevent cooling gas from directly entering a
terminal end of the second lower channel from the inlet;
the apparatus, as recited by claims 13-14, particularly the air ring plenum comprising a first
upper termination wall operable to prevent cooling gas from directly entering a terminal end of the first
upper channel from the inlet, and a second lower termination wall operable to prevent cooling gas from
directly entering a terminal end of the second lower channel from the inlet; OR
the method, as recited by claims 20-21, particularly wherein the air ring plenum comprising a
first upper termination wall operable to prevent cooling gas from directly entering a terminal end of the first upper channel from the inlet, and a second lower termination wall operable to prevent cooling gas from directly entering a terminal end of the second lower channel from the inlet.
Response to Arguments
Applicant's arguments filed April 1, 2026 have been fully considered but they are not persuasive.
Applicant argues that the Office Action assert that Figs. 1-3 of JP62 show that air flow vertically upward and through the inlet 8 and then flows in opposite circumferential directions in the annular hollow body 7 from the inlet 8. (Office Action at page 5).
Applicant respectfully asserts that JP62 fails to disclose that the air flows in opposite circumferential directions in the annular hollow body 7 around the resin. Rather, JP62 teaches the following (emphasis added): That is, the air passing between the partition plate 14 and the upper material 12 is released from the resin through the upward slit 16 as a second discharge slit formed by the inner circumferential edge of the upper material 12 and the protruding edge 14A. It is discharged in the extrusion direction. On the other hand, the air passing between the partition plate 14 and the lower material 13 is discharged through the downward slit 17 as a first discharge slit formed by the inner peripheral edge of the lower material 13 and the protruding edge 14A. It is discharged in the direction. Applicant respectfully asserts that JP62 merely discloses that air can be discharged to the resin in opposite directions through discharge slits 16 or 17. This is different from the language of amended claim 1. Indeed, there is no teaching in JP62 of an inlet that directs cooling gas to two different channels such that the cooling gas flows around the channels in different annular directions. Expelling the cooling as upward and downward as is the case in JP62 is different from the language of amended claim 1.
The Examiner respectfully disagrees. While JP62 discloses opposite air flows through slits 16, 17, the air flow which starts from the pipes 8 changed directions while flowing in the air ring plenum. As mentioned above, as shown in figs 1-3, air is supplied into the annular hollow body 7 from pipes 8. At startup, the air flow from a pipe 8 will go in opposite circumferential (annular) directions in the annular hollow body 7, these opposite circumferential direction air flows in the annular hollow body will also continue into the first upper channel and the second lower channel circumscribing around the plenum opening until steady state air flow is achieved.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 5712705343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.L/Examiner, Art Unit 1744 /XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744