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)(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, and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SEI (US 2020/0130320).
Regarding claims 1 and 9, the allowance of these claims is withdrawn. Upon further consideration the first substrate, second substrate, the protective tape and release tape do not limit the apparatus. As clearly outlined in MPEP 2115 a material or article worked upon does not limit an apparatus claim (see in particular In re Casey 152 USPQ 235). Claims 1 and 9 are thus teaching a hot plate or stamp which comprises a protrusion between a first end of a first side and a second end of the first side. SEI teaches a hot plate 26B which has protrusions between a first end of a first side and a second end of a first side (fig. 3; para. 80), thereby anticipating the claims. Regarding claim 2, SEI teaches plural protrusions (fig. 3).
Regarding claim 3, SEI teaches a sawtooth wave shape (fig. 4).
Regarding claim 7, SEI teaches a second side shape that curves in the releasing direction and in a direction opposite the releasing direction (fig. 1).
Regarding claim 10, SEI teaches a bottom surface with a saw-tooth shape, which has a third surface between a first and second that protrudes less in the releasing direction than adjacent first and second surfaces (fig. 1).
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.
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.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over SEI.
Regarding claim 5, SEI does not teach an equal bottom surface width in a direction intersecting the release direction, but it would have been obvious to utilize a rectangular or square stamp, which would have an equal width in a direction intersecting the release direction, as a commonly used stamp shape. Additionally, changing shape and dimensions has been held per se obvious (MPEP 2144.04).
Regarding claim 6, SEI teaches a width of 1.6 mm (para. 116).
Allowable Subject Matter
Claims 4, 8, and 11-20 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach or fairly suggest a heat stamp as claimed having a first, second, and third protrusion, the third between the first and second, where the first and second protrude toward the releasing direction more than the third protrusion; wherein a shape of the first side is curved in a direction opposite to the releasing direction; or a method of using a heat stamp having each step claimed wherein releasing the release tape is performed by moving a roller from above the third end of the second substrate by moving a roller from above the third end of the second substrate surface, so as to maintain a constant distance between the roller and the substrate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nickolas R Harm whose telephone number is (571)270-7605. The examiner can normally be reached 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICKOLAS R HARM/ Examiner, Art Unit 1745
/PHILIP C TUCKER/ Supervisory Patent Examiner, Art Unit 1745
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