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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 12/09/2022. It is noted, however, that applicant has not filed a certified copy of the CN202223325797.1 application as required by 37 CFR 1.55.
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:
Claim 1: “heating member… the heating member is accommodated in the heating cavity, and is configured to heat the powder attached to the substrate after the substrate is conveyed to the heating cavity”
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.
With regards to the heating member, the corresponding structure described later in claim 7 is that of a heating pipe (“wherein the number of the heating member is two or more; each of two or more heating members is a heating pipe”).
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 § 103
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 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(s) 1 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN111674154A), referring to the English translation dated 01/23/2026, in view of Speck (US6129020A).
Regarding claim 1, Dong teaches
a heating device for heating a powder attached to a substrate (fig. 1; “the present application provides a dusting dryer with clear patterns (including graphics and text), no curling, and even heating”) [006], comprising:
a housing (outer walls of fig. 1);
a heating member (thermostatic control mechanism 62);
a cover (cover plate 64);
wherein the housing is provided with a heating cavity (between rear conveyor belt 6 and cover plate 64, fig. 3);
the heating member is accommodated in the heating cavity (fig. 3), and is configured to heat the powder attached to the substrate (configured to heat plastic film B comprising powder applied by upper powder brush 31) after the substrate is conveyed to the heating cavity (via rear conveyor belt 6);
the cover is mounted on the housing, and is configured to cover the heating cavity (cover plate 64, fig. 3);
Dong does not teach
a fan; and
a filter;
the fan is mounted on the housing;
a pipe is arranged between the fan and the heating; and
an interior of the pipe is configured as an air extraction channel to enable the fan to extract air from the heating cavity; and
the filter is provided in the air extraction channel
Speck teaches
a fan (booster fan 50, fig. 8); and
a filter (filter cassette 26, fig. 8);
the fan is mounted on the housing (within exhaust device 6 on top of housing, fig. 8);
a pipe is arranged between the fan and the heating cavity (pipe connection 15, air duct 48, fig. 8); and
an interior of the pipe is configured as an air extraction channel to enable the fan to extract air from the heating cavity (as shown by flow arrows on fig. 8, air chamber 17, pipe connection 15 and air duct 48 form an air extraction channel); and
the filter is provided in the air extraction channel (filter cassette 26 provided in air chamber 17, fig. 8)
Dong teaches the claimed heating device for heating a powder attached to a substrate. However, while Dong appears to show an exhaust connection on the downstream side of the top housing (shown n annotated fig.3 of Dong below), Dong does not teach the exhaust system as described. Speck teaches an exhaust system for a printing process including a conveyor system similar to Dong (fig. 1 and 8 of Speck). Thus, the printing exhaust system of fig. 8 (including the filter cassette 26, suction box 7, and air exhaust device 6) of Speck can be applied to the downstream side of the top housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification in order to remove harmful chemicals from the air in the system of Dong, thus protecting an operator from incidental inhalation.
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Annotated fig. 3 of Dong
Regarding claim 7, Dong, as modified, teaches the heating device of claim 1,
wherein the number of the heating member is two or more (as shown on fig. 6 of Dong, constant temperature control mechanism 62 comprises a plurality of heating tubes 621);
each of two or more heating members is a heating pipe (heating tubes 621); and
the two or more heating members are mounted on the cover (constant temperature control mechanism 62 mounted on cover plate 64, fig. 3)
Regarding claim 8, Dong, as modified, teaches the heating device of claim 1, further comprising:
a powder-spreading member (upper powder brush 31);
wherein the powder-spreading member is provided behind the heating cavity (as viewed wherein lead-out roller 7 on fig. 3 is located in “front” of the heating cavity, upper powder brush 31 is located “behind” the heating cavity), and is configured to spread the powder to an upper surface of the substrate (upper surface of plastic film B)
Claim(s) 2 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN111674154A), referring to the English translation dated 01/23/2026, in view of Speck (US6129020A), in further view of Kaneko (US20210001324A1).
Regarding claim 2, Dong, as modified, teaches the heating device of claim 1,
wherein a first end of the pipe is connected to the cover, and is communicated with the heating cavity (air duct 48 connected to hood 21, fig. 8 of Speck; applied to cover plate 64 of Dong); and
a second end of the pipe is connected to the housing (pipe connection 15 connected to top wall 8, figs. 1 and 8 of Speck; applied to top housing of Dong (annotated fig. 3))
Dong, as modified, does not teach
a second end of the pipe is opposite to the fan
Kaneko teaches a housing 101 wherein air is exhausted via an exhaust side fan filter unit (FFU) 110 comprising a fan and HEPA filter 110A, wherein the filter is downstream of the fan. Speck, as applied to Dong, teaches suction box 7 comprising filter cassette 26 and wherein booster fan 50 is located in pipe connection 15, but does not teach the filter as downstream of the fan. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the fan filter unit 110 of Kaneko to the filter cassette 26 of Speck, as applied to Dong (thus replacing the booster fan 50), in order to effectively provide the fan and filter as a single unit below the hood 21 of Speck, thus allowing for easier access to both the filter and fan for maintenance of the system, instead of easy access to only the filter.
Therefore, the combination teaches
a second end of the pipe is opposite to the fan (wherein fan filter unit 110 of Kaneko as applied to Speck, the end of pipe connection 15 located on the opposite side of the filter from the fan unit; modification of fan filter unit 110 of Kaneko as applied to Speck shown below)
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Fig. 8 of Speck, as modified by Kaneko
Regarding claim 9, Dong teaches
a heating device for heating a powder attached to a substrate (fig. 1; “the present application provides a dusting dryer with clear patterns (including graphics and text), no curling, and even heating”) [006], comprising:
a housing (outer walls of fig. 1);
a heating member (thermostatic control mechanism 62);
a cover (cover plate 64);
wherein the housing is provided with a heating cavity (between rear conveyor belt 6 and cover plate 64, fig. 3); and
the heating member is accommodated in the heating cavity (fig. 3), and is configured to heat the powder attached to the substrate (configured to heat plastic film B comprising powder applied by upper powder brush 31) after the substrate is conveyed to the heating cavity (via rear conveyor belt 6);
the cover is mounted on the housing, and is configured to cover the heating cavity (cover plate 64, fig. 3);
Dong does not teach
a fan;
a filter;
wherein the housing is provided with an air extraction channel;
a first end of the air extraction channel is connected to the heating cavity;
the fan is mounted on the housing, and is opposite to a second end of the air extraction channel; and
the filter is provided in the air extraction channel
Speck teaches
a fan (booster fan 50, fig. 8); and
a filter (filter cassette 26, fig. 8);
wherein the housing is provided with an air extraction channel (as shown by flow arrows on fig. 8, air chamber 17, pipe connection 15 and air duct 48 form an air extraction channel);
a first end of the air extraction channel is connected to the heating cavity (air chamber 17 connected to area within side walls 2 and 3);
the fan is mounted on the housing (within exhaust device 6 on top of housing, fig. 8), and is opposite to a second end of the air extraction channel; and
the filter is provided in the air extraction channel (filter cassette 26 provided in air chamber 17, fig. 8)
Dong teaches the claimed heating device for heating a powder attached to a substrate. However, while Dong appears to show an exhaust connection on the downstream side of the top housing (shown n annotated fig.3 of Dong below), Dong does not teach the exhaust system as described. Speck teaches an exhaust system for a printing process including a conveyor system similar to Dong (fig. 1 and 8 of Speck). Thus, the printing exhaust system of fig. 8 (including the filter cassette 26, suction box 7, and air exhaust device 6) of Speck can be applied to the downstream side of the top housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification in order to remove harmful chemicals from the air in the system of Dong, thus protecting an operator from incidental inhalation.
Kaneko teaches a housing 101 wherein air is exhausted via an exhaust side fan filter unit (FFU) 110 comprising a fan and HEPA filter 110A, wherein the filter is downstream of the fan. Speck, as applied to Dong, teaches suction box 7 comprising filter cassette 26 and wherein booster fan 50 is located in pipe connection 15, but does not teach the filter as downstream of the fan. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the fan filter unit 110 of Kaneko to the filter cassette 26 of Speck, as applied to Dong (thus replacing the booster fan 50), in order to effectively provide the fan and filter as a single unit below the hood 21 of Speck, thus allowing for easier access to both the filter and fan for maintenance of the system, instead of easy access to only the filter.
Therefore, the combination teaches
the fan is mounted on the housing, and is opposite to a second end of the air extraction channel (wherein fan filter unit 110 of Kaneko as applied to Speck, the fan unit is mounted on the housing, and the end of pipe connection 15 located on the opposite side of the filter from the fan unit; modification of fan filter unit 110 of Kaneko as applied to Speck shown above); and
the filter is provided in the air extraction channel (as shown in modification of fan filter unit 110 of Kaneko as applied to Speck shown above, the filter is located in suction box 7)
Regarding claim 10, Dong, as modified, teaches the heating device of claim 9,
wherein the air extraction channel is filled with the filter (as shown on fig. 8 o Speck, filter cassette 26 fills entire cross section of flow path of air chamber 17; thus, modification of fan filter unit 110 of Kaneko as applied to Speck is also filled in air chamber 17)
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN111674154A), referring to the English translation dated 01/23/2026, in view of Speck (US6129020A), and Kaneko (US20210001324A1), in further view of Collins (US20210046520A1).
Regarding claim 3, Dong, as modified, does not teach the heating device of claim 2,
wherein the cover is rotatably arranged on the housing to open or close the heating cavity;
the pipe is a flexible pipe;
the first end of the pipe is removably mounted to a first flange from an outside of the housing;
the second end of the pipe is removably mounted to a second flange;
the first flange is provided on the cover; and
the second flange is provided on the housing
Speck teaches
wherein the cover is rotatably arranged on the housing to open or close the heating cavity (“it is indicated that the hood 21 is divided, in which connection the two halves of the hood can be swung around the parting line. Thus a corresponding axis of rotation is formed, with the result that one of the two hood halves can be swung up in each case so that in this way access to the rolls 4 is made possible”) [col. 4 lines 52-57];
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the cover of Dong rotatably arranged on the housing, as taught in Speck, in order to provide an operator with access to the heating cavity to easily perform maintenance functions.
Collins teaches a flexible pipe removably mounted to a flange from an outside of the housing for purposes of exhausting fumes (“Flexible duct 832 (corresponding to duct 20 of FIG. 1) is shown in FIG. 31 as positionable sealingly by an end fitting 833 enterable into port 821” [0209]. While Dong, as modified, by Speck, teaches a pipe having ends connected to the cover and housing respectively (pipe connection 15 and air duct 48 connected to top wall 8 and hood 21 respectively, figs. 1 and 8), it does not explicitly teach the pipe as flexible or the pipe ends connecting by a flange. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pipe connection 15 and air duct 48 of Speck, as applied to Dong, as flexible in order to allow easier movement of the pipe when opening and closing hood 21. It also would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the end fitting 833 structure of Collins to the pipe ends of Speck as applied to Dong, in order to ensure a fitted seal between the pipe ends and the housing and cover, thus reducing the possibility of leakage.
Therefore, the combination teaches
the pipe is a flexible pipe (flexible duct 832 of Collins applied to Dong, as modified);
the first end of the pipe is removably mounted to a first flange from an outside of the housing; the second end of the pipe is removably mounted to a second flange (pipe ends of Speck providing with via end fitting 833 of Collins (fig. 31));
the first flange is provided on the cover; and the second flange is provided on the housing (figs. 1 and 8 of Speck, flange of Collins applied to pipe ends of Speck at top wall 8 and hood 21 respectively)
Regarding claim 4, Dong, as modified, teaches the heating device of claim 3,
wherein the fan and the filter are provided in the housing (as modified by Kaneko, fan and filter unit provided within housing of fig. 8 of Speck at location of filter cassette 26); and
the filter is arranged between the second flange and the fan (as shown by fig. 8 of Speck modified by Kaneko above, filter is arranged between the pipe connection 15 and the fan)
Regarding claim 5, Dong, as modified, does not teach the heating device of claim 4,
wherein the filter is removably mounted between the second flange and the fan
The modification of the filter system of Speck in view of Kaneko teaches the filter mounted between the second flange and the fan, however does not explicitly disclose the fan filter unit as removable. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the fan filter unit as separable from the housing, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)).
Regarding claim 6, Dong, as modified, teaches the heating device of claim 5,
wherein the fan is arranged in the housing through a mounting support, and the mounting support is configured to press the filter to fit the housing (fan filter unit 110 of Kaneko as applied to fig. 8 of Speck, wherein fan filter unit 110 comprises a single housing for the fan and filter, mounted to the housing within suction box 7)
Conclusion
The prior art of record not relied upon includes:
Yang (CN111068428A), which teaches a smoke dust purifying device comprising a flexible pipe suction arm similar to that claimed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRETT P. MALLON whose telephone number is (571)272-4749. The examiner can normally be reached Monday-Thursday from 8am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL HOANG can be reached at (571)272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762