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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: .
Claim Rejections - 35 USC § 112
Claims 1-20 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 1 recites the limitation "the portion of the substrate" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the portion of the substrate" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the portion of the substrate" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claims 1-9, 12-17, and 19 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Rocha (US 2010/0180407 A1).
Regarding claim 1, Rocha discloses a method of altering a portion of a substrate 11 comprising:
providing a first device 15 comprising an outer surface;
providing a second device 13 comprising a source of vibration energy;
forming a nip between the source of vibration energy and the outer surface;
conveying the substrate through the nip; and
intermittently altering the portion of the substrate in the nip to create a pattern of altered areas forming a shape (FIG. 1, 11, 20A-24; ¶¶ 49+, 82+).
The process of Rocha implicitly results in a pattern balance (FIG. 11, 20A-24; ¶¶ 82, 85+) and wherein the pattern balance comprises at least one of:
an average area of the substrate, altered in the nip being within a threshold range across the portion of the substrate; and
a simple area of integral areas within the altered areas being within a threshold range across the portion of the substrate.
Regarding claim 2, Rocha discloses the shape comprises a non-symmetrical shape with respect to one of a cross-machine direction or a machine direction (FIG. 20A-24).
Regarding claim 3, Rocha’s process implicitly results in the pattern balance further comprises at least one of:
a rate of change of the average area of the substrate, altered in the nip being less than a threshold value across the portion of the substrate; and
a rate of change of the simple area of integral areas within the altered area being less than a threshold value across the portion of the substrate (FIG. 11, 20A-24; ¶¶ 82, 85+).
Regarding claim 4, Rocha discloses the altered areas are registered on the substrate, in a machine direction and a cross-machine direction (FIG. 11, 20A-24; ¶¶ 82, 85+).
Regarding claim 5, Rocha discloses cooling the source of vibrational energy or the first device (¶ 63).
Regarding claim 6, Rocha discloses the second device is a rotary sonotrode 20 or 22, and wherein the vibration energy is ultrasonic energy (FIG. 4-5; ¶¶ 71-72).
Regarding claim 7, Rocha discloses the second device is a blade sonotrode 13 or 54 and wherein the vibration energy is ultrasonic energy (FIG. 1, 14A-B; ¶¶ 49+, 96+).
Regarding claim 8, Rocha discloses a plurality of recesses in the outer surface of the first device, wherein the recesses have a shape configured to produce projections in the altered areas suitable for use in a touch fastener (FIG. 1; abstract, ¶¶ 3+).
Regarding claim 9, Rocha discloses the substrate, comprises more than one layer or more than one material (¶¶ 90-92).
Regarding claim 12, Rocha discloses the altered areas comprise unaltered portions to contribute to the pattern balance (FIG. 1, 11, 20A-24; ¶¶ 49+, 82+).
Regarding claim 13, Rocha discloses the altered areas comprise hooks for a touch fastener (abstract; FIG. 1+).
Regarding claim 14, Rocha discloses a method of altering a portion of a substrate 11 comprising:
providing a first device 15 comprising an outer surface;
providing a second device 13 comprising a source of vibration energy;
forming a nip between the source of vibration energy and the outer surface;
conveying the substrate through the nip; and
intermittently altering the portion of the substrate in the nip to create a pattern of altered areas forming a shape (FIG. 1, 11, 20A-24; ¶¶ 49+, 82+).
The process of Rocha implicitly results in a pattern balance (FIG. 11, 20A-24; ¶¶ 82, 85+) and wherein the pattern balance comprises at least one of:
a rate of change of an average area of the substrate, altered in the nip being less than a threshold value across the portion of the substrate; and
a rate of change of a simple area of integral areas within the altered area being within a threshold range across the portion of the substrate.
Regarding claim 15, Rocha discloses the shape comprises a non-symmetrical shape with respect to one of a cross-machine direction or a machine direction (FIG. 20A-24).
Regarding claim 16, Rocha’s process implicitly results in the pattern balance further comprises at least one of:
the average area of the substrate, altered in the nip being within a threshold range across the portion of the substrate; and
the simple area of integral areas within the altered area being within a threshold range across the portion of the substrate (FIG. 11, 20A-24; ¶¶ 82, 85+).
Regarding claim 17, Rocha discloses the altered areas comprise unaltered portions to contribute to the pattern balance (FIG. 1, 11, 20A-24; ¶¶ 49+, 82+).
Regarding claim 19, Rocha discloses a method of altering a portion of a substrate 11 comprising:
providing a first device 15 comprising an outer surface;
providing a second device 13 comprising a source of vibration energy;
forming a nip between the source of vibration energy and the outer surface;
conveying the substrate through the nip;
continuously creating the protrusions in the portion of the substrate in the nip to create a continuous area of the protrusions; and
flattening a portion of the continuous area of the protrusions to create intermittent areas of the protrusions in the substrate intermediate flattened portions (FIG. 1, 11, 20A-24; ¶¶ 49+, 82+).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 10, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rocha (US 2010/0180407 A1) as applied to claims 1, 14, or 19 above, further in view of Rocha (US 10,953,592 B2).
Rocha (US 2010/0180407 A1) does not appear to expressly disclose pre-heating upstream of the nip.
However, Rocha (US 10,953,592 B2) discloses a similar method for forming touch fasteners (title/abstract; FIG. 4) which includes a pre-heater 25 upstream of the nip for heating the substrate just below its melting point (FIG. 4; 17:35+).
At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the process of Rocha (US 2010/0180407 A1) to include the preheater of Rocha (US 10,953,592 B2), in order to improve the ultrasonic molding process with a known means.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Rocha (US 2010/0180407 A1) as applied to claim 1 above, further in view of Fischer (US 4,794,028 A).
Rocha does not appear to explicitly disclose the width of the substrate, but does suggest that the substrate is a fastening tab portion of diaper (¶¶ 49, 79, 83).
However, Fischer discloses a prior method of forming touch fasteners (title/abstract) wherein the overall width of the fastener member is approximately 1 inch (25 mm) which overlaps the claimed range (MPEP § 2144.05).
At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the process of Rocha to include the widths of Fischer, because such widths are common in the prior art for similar touch fasteners and would be sized similar to a fastening tab portion of diaper.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LENSER; Todd Douglas et al.
US 20240216183 A1
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin A Schiffman whose telephone number is (571)270-7626. The examiner can normally be reached M-F 9a-530p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached at (571)272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN A SCHIFFMAN/Primary Examiner, Art Unit 1742