DETAILED ACTION
The Preliminary Amendment has been entered.
This application currently includes independent claims 11, 26 and 27 and dependent claims 12-25.
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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
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.
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 13-24 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 claims recite conditions precedent which don’t necessarily have to occur and it is not clear how the claims are limited if the condition precedent does not occur. The claims recite “if either of the reference marks on the film materials is misaligned in the film materials’” feed or width direction, “the control unit shifts . . .” What is the scope of these claims if the marks are not misaligned? If the condition precedent does not occur, how do the dependent claims further limit the parent claim(s). Additionally, claim 21 recites many limitations (“a pouch”, “a pair of film materials”, “a reference mark”, “a pair of driven rollers”, etc.) previously recited in claim 11 from which claim 21 depends. How many of these limitations is the applicant claiming?
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.
(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.
Claim(s) 11-14, 21-22, and 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Colla (US 7,022,057).
Regarding independent claim 11, Colla discloses a controller for a pouch-making machine for manufacturing a pouch (see title) while feeding a pair of film materials (3, 4) each provided with a reference mark ( 12, 13) that indicates a reference position for layering the film materials together, the controller for the pouch-making machine comprising: a driven roller shift unit (see at least col. 3, line 35 – col. 4, line 10) for independently shifting each shaft of a pair of driven rollers (8) that rotate being driven by the pair of film materials being fed; and a control unit (10) for controlling the driven roller shift unit based on a result of an image- shooting unit (14, 15) shooting images of the reference marks, so that positions of the reference marks provided on the pair of film materials coincide.
Regarding independent claim 26, Colla discloses a control method for a pouch-making machine for manufacturing a pouch (see title) while feeding a pair of film materials(3, 4) each provided with a reference mark (12, 13) that indicates a reference position for layering the film materials together, the control method for the pouch-making machine having: a first step of an image-shooting unit (14, 15) shooting images of the reference marks provided on the pair of film materials (see at least col. 3, line 35 – col. 4, line 10); and a second step of, based on a result of the image-shooting unit shooting images of the reference marks, controlling independent shifting of each shaft of a pair of driven rollers (8) that rotate being driven by the pair of film materials being fed, so that positions of the reference marks provided on the pair of film materials coincide (see at least col. 3, line 35 – col. 4, line 10).
Regarding independent claim 27, Colla discloses a control program for a pouch-making machine for manufacturing a pouch (see title) while feeding a pair of film materials (3, 4) each provided with a reference mark (12, 13) that indicates a reference position for layering the film materials together, the control program for the pouch-making machine causing a computer to execute: a first step of an image-shooting unit (14, 15) shooting images of the reference marks provided on the pair of film materials; and a second step of, based on a result of the image-shooting unit shooting images of the reference marks, controlling independent shifting of each shaft of a pair of driven rollers (8) that rotate being driven by the pair of film materials being fed, so that positions of the reference marks provided on the pair of film materials coincide (see at least col. 3, line 35 – col. 4, line 10).
Regarding dependent claims 12, 13, 14, 21, 22, and 25 Colla discloses that the driven roller shift unit independently shifts each shaft of the pair of driven rollers at each end (see Fig. 1 and at least col. 4, lines 5-10). If either of the reference marks on the film materials is misaligned in the film materials' feed direction the control unit shifts both ends of the shaft of the driven roller corresponding to the film material where the misalignment is occurring depending on the misalignment (see Fig. 1 and at least col. 4, lines 5-10). The pair of driven rollers are installed upstream of and adjacent to a feed roller (21 or 22) that layers together and feeds the pair of film materials.
Claim(s) 11-14, 21, 23, and 25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ohnishi et al. (US 12,180,022).
Regarding independent claim 11, Ohnishi discloses a controller for a pouch-making machine for manufacturing a pouch (see col. 1, lines 5-10) while feeding a pair of film materials (1, 2) each provided with a reference mark (41) that indicates a reference position for layering the film materials together, the controller for the pouch-making machine comprising: a driven roller shift unit (19, 46) for independently shifting each shaft of a pair of driven rollers (18, 44) that rotate being driven by the pair of film materials being fed; and a control unit (15) for controlling the driven roller shift unit based on a result of an image- shooting unit (33) shooting images of the reference marks, so that positions of the reference marks provided on the pair of film materials coincide.
Regarding independent claim 26, Ohnishi discloses a control method for a pouch-making machine for manufacturing a pouch (see col. 1, lines 5-10) while feeding a pair of film materials (1, 2) each provided with a reference mark (47) that indicates a reference position for layering the film materials together, the control method for the pouch-making machine having: a first step of an image-shooting unit (33, 31) shooting images of the reference marks provided on the pair of film materials; and a second step of, based on a result of the image-shooting unit shooting images of the reference marks, controlling independent shifting of each shaft of a pair of driven rollers (18, 44) that rotate being driven by the pair of film materials being fed, so that positions of the reference marks provided on the pair of film materials coincide.
Regarding independent claim 27, Ohnishi discloses a control program for a pouch-making machine for manufacturing a pouch (see col. 1, lines 5-10) while feeding a pair of film materials (1, 2) each provided with a reference mark (47) that indicates a reference position for layering the film materials together, the control program for the pouch-making machine causing a computer to execute: a first step of an image-shooting unit (33, 31) shooting images of the reference marks provided on the pair of film materials; and a second step of, based on a result of the image-shooting unit shooting images of the reference marks, controlling independent shifting of each shaft of a pair of driven rollers (18, 44) that rotate being driven by the pair of film materials being fed, so that positions of the reference marks provided on the pair of film materials coincide.
Regarding dependent claims 12, 13, 14, 22, 23, and 25 Ohnishi discloses that the driven roller shift unit independently shifts each shaft of the pair of driven rollers at each end (see at least col. 7, lines 20-55). If either of the reference marks on the film materials is misaligned in the film materials' feed direction the control unit shifts both ends of the shaft of the driven roller corresponding to the film material where the misalignment is occurring depending on the misalignment (see at least col. 7, lines 20-55). The pair of driven rollers are installed upstream of and adjacent to a feed roller (22) that layers together and feeds the pair of film materials (see Fig. 5B). The image-shooting unit is installed in the film materials’ path downstream of a feed roller that layers together and feeds the pair of film materials and forward of where the pair of film materials are sealed (see Fig. 5B).
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) 15-20 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colla (US 7,022,057) in view of French (US 3,339,817). Colla discloses a controller for a pouch-making machine for manufacturing a pouch (see title) while feeding a pair of film materials (3, 4) each provided with a reference mark ( 12, 13) that indicates a reference position for layering the film materials together, the controller for the pouch-making machine comprising: a driven roller shift unit (see at least col. 3, line 35 – col. 4, line 10) for independently shifting each shaft of a pair of driven rollers (8) that rotate being driven by the pair of film materials being fed; and a control unit (10) for controlling the driven roller shift unit based on a result of an image- shooting unit (14, 15) shooting images of the reference marks, so that positions of the reference marks provided on the pair of film materials coincide. Colla further discloses that the driven roller shift unit independently shifts each shaft of the pair of driven rollers at each end (see Fig. 1 and at least col. 4, lines 5-10); and if either of the reference marks on the film materials is misaligned in the film materials' feed direction the control unit shifts both ends of the shaft of the driven roller corresponding to the film material where the misalignment is occurring depending on the misalignment (see Fig. 1 and at least col. 4, lines 5-10). Colla discloses all the limitations of the claims, but it does not disclose that if either of the reference marks on the film materials is misaligned in the film materials' width direction, the control unit shifts one end of the shaft of the driven roller corresponding to the film material where the misalignment is occurring depending on the misalignment. However, French discloses a similar control unit in which if either reference marks on one of two film materials is misaligned in the film materials' width direction, the control unit shifts one end of the shaft of a driven roller corresponding to the film material where the misalignment is occurring depending on the misalignment (see col. 3, lines 40-55) for the purpose of controlling the alignment of webs to be superimposed in both the feed direction and the width direction. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Colla by having the control unit shifts one end of the shaft of the driven roller corresponding to the film material where the misalignment is occurring depending on the misalignment, as disclosed by French, for the purpose of controlling the alignment of webs to be superimposed in both the feed direction and the width direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Birkenfeld et al. (EP 2028144 A2) and Treff (US 3,556,510) disclose pouch making machines with image-shooting units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK H MACKEY/Primary Examiner, Art Unit 3653