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
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 9-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Andersson (U.S. Pub. No. 2014/0361033).
Regarding claim 1: Andersson discloses a machine configured to produce stacks of folded pop-up wipes from material, wherein the material is threaded along a path having a direction through the machine the machine comprising:
a holder of the material (Figs. 5-7; via materials 2a & 2b held by the shown guide roller and/or inherently the materials are being held and fed from a mechanism);
a first tension unit (via first and second tension devices 20),
a perforation unit configured to generate perforations in the material in a direction orthogonal to the direction of the path (via station 31),
a folding unit configured to fold the material in a direction orthogonal to the direction of the path (via folding rollers 32),
a control unit communicatively coupled to at least the first tension unit, the perforation unit and the folding unit (via “controller” for “said perforating and interfolding of the two web materials is controlled”),
wherein the material is threaded along a path through the machine via at least the first tension unit, the perforation unit and the folding unit, see for example (Figs. 5-7; via 20, 21, and 32),
wherein the control unit is configured to control the machine to produce folded pop-up wipes by individually controlling tension of material along one or more sections of the path wherein the control unit is further configured to control the machine to increase tension of the material in a section of the path located after the perforation unit to stretch a generated perforation in the section of the path by a target distance, see for example (Figs. 2 & 5-7; and “said perforating and interfolding of the two web martials is controlled such that each perforation line of the first web material is positioned between two consecutive perforation lines of the second web material”), and
wherein the section of the path is located between the first tension unit and the folding unit (via the section between tension unit 20 and folding unit 32).
Regarding claim 2: wherein each of the produced stacks of folded pop-up wipes comprises a continuous web, see for example (Figs. 5-7; via formed final stacks 1).
Regarding claim 9: a method configured to produce stacks of folded pop-up wipes from material, the method comprising:
controlling the machine to produce folded pop-up wipes by individually controlling tension of material along one or more sections of the path, further comprising controlling the machine to increase tension of the material in a section of the path located after the perforation unit to stretch a generated perforation in the section of the path by a target distance, see for example (Figs. 5-7 & “a central control unit is provided so that the perforation lines and clear cuts or tab-bonds can be adequately provided and positioned”).
Regarding claim 10: wherein the produced stacks of folded pop-up wipes comprise a continuous web (Figs. 5-7; via final formed stacks 1).
Regarding claim 11: wherein the section of the path is located between the first tension unit and the folding unit (Figs. 5-7; via the section between tension unit 20 and folding unit 32).
Regarding claim 12: further comprising controlling the machine to increase tension of the material in the section of the path to separate the material at a generated perforation; (via by controlling roughness of the surfaces of rollers 21/22 of unit 20; “Due to the friction between the web 2a and the first tensioning device 20, the transport speed of the web 2a is brought exactly to the circumferential speed of rollers 21, 22”).
Regarding claim 13: wherein the section of the path is located between the first tension unit and the folding unit, (Figs. 5-7; via the section between tension unit 20 and folding unit 32).
Regarding claim 14: wherein the material is separated into parts when the generated perforation is located after the perforation unit (Figs. 2 & 5; via passing the web by the cutting unit 31 results in separation in part of web 2a).
Regarding claim 15: further comprising controlling the machine to adjust tension of the material in the section of the path located after the perforation unit and before the folding unit to adjust the relative location of a perforation generated by the perforation unit in a produced stack of folded pop-up wipes; (via by controlling roughness of the surfaces of rollers 21/22 of unit 20; “Due to the friction between the web 2a and the first tensioning device 20, the transport speed of the web 2a is brought exactly to the circumferential speed of rollers 21, 22” as a result location of the perforation lines and folding is adjusted).
Regarding claim 16: wherein the control unit is further configured to control the machine to adjust relative distance between perforations generated by the perforation unit to adjust the relative location of a perforation generated by the perforation unit in a produced stack of folded pop-up wipes (via “a controller for controlling the perforating of the web material” and “perforating and interfolding of the two web materials is controlled such that each perforation line of the first web material is positioned between two consecutive perforation lines of the second web material”).
Regarding claim 17: a computer program product comprising instructions which,
when the program is executed by a computer, cause the computer to carry out the method, see for example (via “A suitable distribution of the perforation lines…different distributions may be generated and evaluated by a computer program”).
Regarding claim 18: a computer-readable storage medium comprising instructions which, when executed by a computer, cause the computer to carry out the steps of the method, (inherently if there is a “computer program” as suggested via “A suitable distribution of the perforation lines…different distributions may be generated and evaluated by a computer program”; a storage medium should be disclosed and included).
Response to Arguments
Applicant's arguments filed 08/22/2025 have been fully considered but they are not persuasive.
Applicant argues that the applied art of Andersson ‘033 is configured differently than the amended claim disclosing how locating of perforations in a folded stack is adapted by adapting length of sheets between perforations. ‘033 describes an apparatus with first and second tensioning devices 20, 28 on opposites sides a perforation station 27 to tighten the web at the position at which the web runs. Applicant argues that ‘033 no way configured for the current application’s solution of adapting positions of perforations in the stack, nowhere is tension adapted or used to stretch the perforation to a target distance. Accordingly, the apparatus of ‘033 does not disclose or suggest the amended claim feature of control unit “is configured to control the machine to produce folded pop-up wipes by individually controlling tension of material along one or more sections of the path…, and where1n the section of the path is located between the first tension unit and the folding unit”.
It has been noted by the Office that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, it appears that applicant is arguing heavily on the claimed limitations related to the intended use of the claimed “control unit” configured and being able to control “perforation unit to stretch a generated perforation in the section of the path by a target distance”, which are not given much patentable weight.
Further, as set forth above the exact claimed location of the section of the path to be located between the first tension unit and the folding unit clearly is clearly suggested by ‘033 (via the section between tension unit 20 and folding unit 32).
Again, applicant argues the intended use of the applied art’s 033 vacuum station 40 as being not suitable to “stretch a generated perforation in the section of the path by a target distance” as claimed. As explained above, intended use limitations and arguments not given much patentable weight in the claimed apparatus.
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 SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731