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 .
The communications received on 09/13/2023 is considered by the Examiner. Claims 1-6 are rejected as noted hereinafter.
Examiner’s Note
The Examiner notes two relevant citations of the MPEP below:
"[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) [see e.g. MPEP 2114(II)]
Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) [see MPEP 2115].
Therefore, as long as the apparatus structural limitations are disclosed/taught by the prior art, it is understood to be capable of handling the material worked upon or of performing the claimed function.
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.
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: an accumulation section, a humidification section, a pressurization section, and the first roller has a heating mechanism in claims 1-6.
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 § 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 1-6 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.
The language of claims 1-6 is vague, unclear, and indefinite for failing to particularly point out and distinctly claim the subject matter of the invention. For example, the phrase “an accumulation section, a humidification section, a pressurization section, and the first roller has a heating mechanism” are unclear in the context of the respective claims and thus the metes and bounds of patent protection desired cannot be ascertained, so appropriate correction is required.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuma MIYAZAWA, et al. US 20210206019 A1 in view of Yinjian ZHU, et al. CN106320024 A.
Regarding claim 1, MIYAZAWA discloses: A sheet manufacturing apparatus (Title) comprising: an accumulation section that accumulates a material containing fibers by an air flow to form a web (Figs. 1, 4-9, para [0063-0090] and in particular Fig. 6, para [0124-0129]. For example, Fig. 1 illustrates an accumulation section 60 that accumulates a material comprising fibers by a gas stream to form a web W.); a humidification section that applies moisture from one surface side of the web (Figs. 1, 4-9, para [0063-0090]. Again, Fig. 1 depicts a humidification section 78 that imparts moisture from one face side of the web W.); and a pressurization section that pressurizes the humidified web at a pressurization location to form a sheet, wherein the pressurization section includes a first roller that comes into contact with one surface of the web at the pressurization location and a second roller that comes into contact with the other surface of the web at the pressurization location, the web is transported such that the one surface of the web comes into contact with a surface of the first roller over a predetermined length starting from the pressurization location (For example, referring to Fig. 1 and para [0087], a pressing portion 82 that presses the humidified web to be formed into a thin sheet at a pressing site, the pressing portion 82 having one calendering roller 85 (i.e., a first roller) in contact with one face of the web at the pressing site, and another calendering roller 85 (i.e., a second roller) in contact with the other face of the web at the pressing site. Referring to FIG. 6, the heated roller 86 is located on the lower right side of the calendering rollers 85 (i.e., the web is conveyed with one face of the web contacting the surface of the first roller across a predetermined length with a pressure site as a starting point.),
Although MIYAZAWA discloses on various part of its disclosure such para [0087] “As the heating portion 84, for example, a heating roller, a hot press molding machine, a hot plate, a hot air blower, an infrared heater, and a flash fixing device are used. In the illustrated example, the heating portion 84 is provided with a pair of heating rollers 86. By configuring the heat…”, nonetheless, does not expressly teach the first roller has a heating mechanism, and the first roller heats the web while the one surface of the web is in contact with the surface of the first roller.
In the same field of art, ZHU is directed to a finishing technique of water-repellent, oil-repellent and stain-repellent fabric, comprising the following steps: 1), dyeing, 2), primary water washing, 3), secondary water washing, 4), water washing for three times, 5) water washing for four times; 6) hot rolling; 7), filming; 8) napping the fabric top surface. That being said, ZHU discloses: the first roller has a heating mechanism, and the first roller heats the web while the one surface of the web is in contact with the surface of the first roller (Referring to para [069-070] and Fig. 1, a hard heat roller 2 (i.e., first roller) has an electric heater (i.e., heating mechanism) that applies heat to the fabric (i.e., web) during the time when one face of the fabric is in contact with the surface of the hard heat roller 2. Specifically, para [069] discloses “Referring to FIG. 1, the embodiment used in the calender comprises parallel set on the cloth roller 1. roller 2, the soft roller 3 and the cloth outlet roller 4. roller 2 is made of metal material, and the roller 2 is internally equipped with an electric heater, the soft roller 3 is made of plastic or rubber, a cloth feeding roller (1) and cloth outlet roller 4 are respectively located at two sides of the roller 2, the soft roller 3 to the roller 2 above or biased to the inclined upside of one side of the cloth outlet roller 4.”).
Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the sheet manufacturing apparatus of MIYAZAWA by using a roller having a heating mechanism such as electric heater as taught by ZHU so as to heat the web while the one surface of the web is in contact with the surface of the first roller. Similarly, one of ordinary skill in the art, upon reading ZHU disclosure, would also have been motivated to apply its teaching of using a roller having internally equipped with an electric heater for the benefit of the claimed invention.
Regarding claim 2, MIYAZAWA in view of ZHU discloses all of the limitations of its base claim 1. ZHU further discloses: wherein the first roller is made of metal (Para [069] discloses “Referring to FIG. 1, the embodiment used in the calender comprises parallel set on the cloth roller 1. roller 2, the soft roller 3 and the cloth outlet roller 4. roller 2 is made of metal material, and the roller 2 is internally equipped with an electric heater, the soft roller 3 is made of plastic or rubber, a cloth feeding roller (1) and cloth outlet roller 4 are respectively located at two sides of the roller 2, the soft roller 3 to the roller 2 above or biased to the inclined upside of one side of the cloth outlet roller 4.”).
Regarding claim 3, MIYAZAWA in view of ZHU discloses all of the limitations of its base claim 1. ZHU further discloses: wherein a diameter of the first roller is larger than a diameter of the second roller (Fig. 1 illustrates respective rollers 2 and 3 having different diameters.).
Regarding claim 4, MIYAZAWA in view of ZHU discloses all of the limitations of its base claim 1. ZHU further discloses: further comprising: a third roller provided at a position facing the first roller and downstream of the pressurization location in a transport direction of the web, wherein the web peeled off from the first roller comes into contact with the third roller (The cloth outlet roller 4 (i.e., a third roller) disposed on a position opposite to the hard hot roller 2 and downstream compared to the pressing site in the conveying direction of the fabric, the fabric is stripped from the hard heat roller 2 being brought into contact with the cloth outlet roller 4. The configuration depicted in Fig. 1 is fundamentally function the same and therefore, variation of this configuration does not impart patentability since the structure is the same.).
Regarding claim 5, MIYAZAWA in view of ZHU discloses all of the limitations of its base claim 1. ZHU further discloses: wherein the surface of the first roller has irregularities (The surface of the first roller must have unevenness or irregularities so as to facilities the moving web during the operation since without friction between the web and first roller the movement is seriously impaired and therefore, does not impart patentability.).
Regarding claim 6, MIYAZAWA in view of ZHU discloses all of the limitations of its base claim 1. MIYAZAWA further discloses: further comprising: a starch supply section that supplies starch for bonding the fibers; and a mixing section that mixes the starch and the fiber (Referring to Figs. 1-9 and various part of disclosure such as para [0072] discloses “The mixing portion 50 has an additive supply portion 52 for supplying the additive, a pipe 54 for transporting the first sorted material and the additive, and a blower 56. In the illustrated example, the additive is supplied to the pipe 54 from the additive supply portion 52 via a shooter 9. The pipe 54 is continuous with the pipe 7.” It is well known that starch is very common additive used for binding fibers.).
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW M ESLAMI whose telephone number is (571)272-8710. The examiner can normally be reached on M-F 7:30 to 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached on (571)270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M ESLAMI/Examiner, Art Unit 1748
/DENNIS R CORDRAY/Primary Examiner, Art Unit 1748
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