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 .
Election/Restrictions
Applicant’s election of group I, corresponding claims 1-11 in the reply filed on 01/20/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 12-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/17/2024, 04/03/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second scrap ejector, the second recess, the third through hole, the second plunger in claim 2 (need to show the second die board, the second plunger…) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
…The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Therefore, the abstract of the disclosure is objected to because lines 1-3, the languages “Disclosed herein is a rotary cutting system, components for the system, including a die board and a scrap ejector, and methods of assembly of the system and components” should be deleted since it does not help a reader deciding whether there is a need for consulting the full patent text for details. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: the paragraph 64 “the first anchor point 31a and the first recess 30a may be identical, such that in another configuration (i.e., with other die boards 40 secured to the die drum 22) the first anchor point 31a may receive a plunger (e.g., the plunger 220) and the first recess 30a may receive a fastener (e.g., the fastener 208)” that is unclear. See Figure 14, the first recess 30a and the first anchor point 31a are NOT identical. Appropriate correction is required.
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 10-11 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 10, lines 3-4 “a second through hole of the die board” is unclear whether the “second through hole of the die board” refers to the second through hole of the die board of claim 1 or an additional second through hole of the die board.
The scope of Claim 11 “the first anchor point and the recess are identical in size and shape” is unclear and vague. See Applicant’s specification, para. 64 “the first anchor point 31a and the first recess 30a may be identical, … the first anchor point 31a may receive a plunger (e.g., the plunger 220) and the first recess 30a may receive a fastener (e.g., the fastener 208)”) and see Applicant’s Figure 14, both recesses 31a and 30a are NOT identical.
Also, it is unclear how a point and a recess identical in size and shape. Both the point and recess have different structures (see Applicant’s specification, para. 47 “at least some of the plurality of recesses 30 (e.g., at least some, up to all, of the anchor points 31) may be at least partially tapped so as to correspond to external threads of a fastener (e.g., bolt)”). For compact prosecution, Examiner interprets the scope of claim 11 as below.
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 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.
Claims 1-8, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over the admitted art (prior art, Figures 7-10 of this Application) in view of Castille (US 3752042).
Regarding claim 1, the admitted art teaches a method of assembling a rotary cutting system (Figures 7-10 and see details in Paras. 58-62), the method comprising:
aligning a first through hole (210, Figure 10) of a die board (202) with a first anchor point of a die drum (a point of a fastener receiving hole of the die drum 206 as discussed in Para. 58, the last line), wherein the die drum is rotatable about an axis of rotation (rotate axis of the die drum 206) in a first rotational direction (a forward direction, see Figure 1)
aligning a through hole of a scrap ejector (see a hole 212, Figure 9, a scrap ejector 204) supported by the die board with a recess of the die drum (a plunger receiving hole 218, Figure 9);
aligning a second through hole of the die board (a hole 216, Figure 9) with the recess of the die drum;
inserting a portion of a fastener (208, Figure 9) through the first through hole and into the anchor point such that the fastener is secured relative to the die drum;
inserting a plunger (220, Figure 8) through the through hole of the scrap ejector, through the second through hole of the die board, and into the recess;
However, the admitted art fails to discuss that the first through hole has an oblong shape that is elongate along the first rotational direction (please note that there are two fasteners 208, Figures 8-9, for holding the die board to the die drum).
Castille discusses a mounting means for holding a die board (a die plate 12a, Figure 3 and Col. 4, lines 19-33) to a die drum (a rotary cylinder A, Figure 3), wherein the mounting means includes oblong through holes (elongated slots 12d, 12e) of the die board and holes or recesses (14, Figure 3) of the die drum.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the through holes of the die board (for fasteners 208) of the admitted art to be oblong shapes, as taught by Castille, in order to allow the die board can be adjustable on the die drum for varying the dimensions of workpieces or cardboard boxes made from cardboard sheets (see Abstract and the first paragraph of the summary of the invention of Castille). Doing so, the die board and the scrap ejector can be rotated relative to the die drum until the through hole of the scrap ejector is out of alignment with the plunger such that the plunger's exit from the recess is blocked by the scrap ejector.
Regarding claim 2, the modified method of the admitted art teaches that the scrap ejector is a first scrap ejector, the recess is a first recess, and the plunger is a first plunger (see the limitations as stated in claim 1 above); please note that there are many die boards 202 include many of the scrap ejectors 204. Additionally, the rotary cutting system 200 may include more than one die board 202, each having a respective plurality of the scrap ejectors 204. As the number of scrap ejectors 204 increases, so does the assembly time for the rotary cutting system 200 as discussed in Applicant’s specification, Para. 62.
therefore, the method further comprising:
“aligning a through hole of a second scrap ejector supported by the die board with a second recess of the die drum;
aligning a third through hole of the die board with the second recess of the die drum; and
inserting a second plunger through the through hole of the second scrap ejector, through the third through hole of the die board, and into the second recess, wherein rotating the die board and the scrap ejector relative to the die drum and the plunger includes rotating the through hole of the second scrap ejector out of alignment with the second plunger such that second plunger's exit from the second recess is blocked by the second scrap ejector”; these steps can be repeatedly performed as stated in the modification of claim 1 above.
Regarding claim 3, the modified method of the admitted art teaches that the oblong shape is elongate along a central axis (an elongated axis of the slots, Castille’s Figure 3), and the oblong shape is symmetrical about the central axis (see slots 12d, 12e, Castille’s Figure 3), the method further comprising:
during rotation of the die board and the scrap ejector relative to the die drum and the plunger (see the modification in claim 1 above), moving the die board relative to the fastener such that the fastener follows a path that is coincident with the central axis (see the discussion in claim 1 above for adjusting the die board on the die drum before tightening fasteners).
Regarding claim 4, the modified method of the admitted art teaches that securing the die board and the scrap ejector relative to the die drum and the plunger when the through hole of the scrap ejector is out of alignment with the plunger (this is inherently step because after adjusting the die board is on the die drum, the fasteners are tightened to fixedly secure the die board on the die drum).
Regarding claim 5, the modified method of the admitted art teaches that after securing the die board and the scrap ejector relative to the die drum and the plunger, rotating the die drum about the axis of rotation in the first rotational direction (after mounting the die board to the die drum, all parts on the die drum together can be rotated in the first rotational direction or this can be done during the die board is adjusted on the die drum).
Regarding claim 6, the modified method of the admitted art teaches that the die drum includes an adjacent anchor point (a point of the right hole of the cylinder as seen Figure 9 of the admitted art, please note that there are 2 holes for the fasteners 208) that is adjacent to the first anchor point with respect to the first rotational direction (the point of the left hole of the cylinder is adjacent to the point of the right hole, Figure 9 of the admitted art), the adjacent anchor point is distanced from the first anchor point by a first length measured along the first rotational direction (see Figure 9 of the admitted art, it is about a quadrant distance), the oblong shape has a second length measured along the central axis in the first rotational direction (see the modification, the oblong shape is one of the hole 210, Figure 9 of the admitted art), and the first length is greater than the second length (Figure 9 of the admitted art).
Regarding claims 7-8, the modified method of the admitted art teaches that the axis of rotation is a first axis of rotation (the rotation axis of the die drum, Figure 7 of the admitted art), further comprising: securing the scrap ejector to the die board such that the scrap ejector is rotatable relative to the die board about a second axis of rotation (see Figures 8-9 of the admitted art, the scrap ejector 204 is pivoted on the die board about a second axis or the fastener 217), wherein the first axis of rotation is parallel to the second axis of rotation (see Figures 7-10 of the admitted art).
Regarding claim 10, the modified method of the admitted art teaches that the fastener is a first fastener (the left bolt 208 as seen in Figures 8 of the admitted art), the method further comprising:
prior to rotating the die board and the scrap ejector, aligning a second through hole of the die board with a second anchor point of the die drum, wherein the second through hole has an oblong shape that is elongate along the first rotational direction (see the modification in claim 1 above for both holes “for the bolts 208 of the admitted art” to be oblong shapes); and inserting a portion of a second fastener through the second through hole and into the second anchor point such that the second fastener is secured relative to the die drum (see both the admitted art’s Figures 7-10 and Castille’s Figure 3; there are two bolts for tightening and securing the die board on the die drum after the adjusting).
Regarding claim 11, as best understood, the modified method of the admitted art teaches that the first anchor point and the recess are “identical in size and shape” same recess (not a through hole).
Allowable Subject Matter
Claim 9 is 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: claim 9 is free of prior art because the prior art does NOT teach or suggest to have the second through hole of the die board has an oblong shape that is elongate along the first rotational direction (for the plunger 220).
There are many closest art (beside the admitted art) teach plunger types of ejectors, for examples Shinya (WO 2011016374 A 1) and Matthew (WO 201900578 A1) show ejectors for drum dies which including plungers (diameters of the plungers) smaller than holes (diameters) of die boards. However, none of the holes are oblong or oval shapes. There appears to be no justification to modify the above mentioned art, in any combination to meet the requirements of the claimed invention.
Also, there is NOT an obvious matter of design choice to make the holes of whatever form or shape was desired or expedient including oblong shapes since Applicant discusses the holes to be oblong shapes for rotating the die board in the first direction (forward direction) during assembling the plunger to the die drum in Applicant’s specification, para. 63.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 2/6/2026