DETAILED ACTION
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: “at least one deflection device configured to impart a deflection force” in claim 1, line 5; “a first deflection device configured to impart a first force” in claim 3, line 2; “a second deflection device configured to impart a second force” in claim 3, line 2; “at least one deflection device to offset” in claim 9, line 7; “a first piece of processing equipment configured to contact” in claims 14-16, line 3 and ; “a second piece of processing equipment configured to contact” in claims 14-16, line 6.
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.
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 § 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.
Claim(s) 1-3,9 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Franz (2,393,243). Regarding claims 1,9 and 18, Franz discloses a contactless looper (Fig. 4) and looping method comprising an entrance at roller pair (13,14) and an exit at roller pair (15,16) the contactless looper is configured to receive a metal substrate (110) moving in a processing direction (left to right; Fig. 4) from the entrance to the exit and at least one deflection device (30) between the entrance (13,14) and the exit (15,16), wherein the at least one deflection device (30) is configured to impart a deflection force in the metal substrate (page 2, col. 1, lines 29-33) without contacting the metal substrate (page 2, col. 1, lines 34-38) resulting in a deflection along the processing direction (vertically; Fig. 4) in the metal substrate (110) such that a position of the metal substrate downstream from the entrance (13,14) of the looper is vertically offset (sinuous path; dashed lines, Fig. 4) from a horizontal position of the metal substrate at the entrance of the looper.
Regarding claim 2, each deflection device (31) is staggered along the process direction (Fig. 4) and imparts a vertical force with fluid flow (page 2, col. 1, lines 26-29) so that a catenary (u-shaped sine curve) is formed in the metal substrate (110).
Regarding claim 3, in the contactless looper an upwardly directed deflection device (30) provides an upwardly directed fluid flow force to the substrate (110) that is opposite from an adjacent downwardly directed deflection device (30) which provides a downwardly directed fluid flow force that is opposite from the upwardly directed fluid flow force.
Claim(s) 1-4,7-12,17,18 and 20-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pralong et al. (2018/0092163). Regarding claims 1,9 and 18, Pralong discloses a contactless looper (Fig. 12) and looping method comprising a rotating magnet heater (1200) including multiple rotors (rolls; 1208,1210,1209) which are configured to receive a metal substrate (1202) moving in a processing direction (left to right arrow, 1224; Fig. 12) from an entrance (left side Fig. 12, strip is horizontal prior to rolls 1208,1209,1210) to an exit (right side Fig. 12, strip is horizontal following rolls 1208,1209,1210). The rotating magnet heater (1200) is a deflection device ([0151], lines 5-7) between the entrance (left side Fig. 12) and the exit (right side Fig. 12), wherein the rolls (1208,1210,1209) comprise at least one deflection device which is configured to impart a deflection force in the metal substrate ([0075],[0145], [0152], lines 6-8) without contacting the metal substrate ([0080],[0083]) resulting in a deflection along the processing direction (serpentine or sinusoidal pattern; [0151], line 7) in the metal substrate (1202) such that a position of the metal substrate downstream from the entrance of the looper is vertically offset (sinuous path; Fig. 12) from a horizontal position of the metal substrate at the entrance of the looper. Regarding claim 2, each deflection roll (1208,1209,1210) is staggered along the process direction (Fig. 12) and imparts a vertical force so that a catenary (u-shaped sine curve) is formed in the metal substrate (1202). Regarding claim 3, deflection rolls (1208,1209) act downwardly by positioning with vertical gap actuators (1216,1217) and deflection roll (1209) acts upwardly by positioning with vertical gap actuator (1218). Regarding claim 4, the force is adjustable ([0145], lines 3-5). Regarding claim 7, a vertical position of the deflection device (1208,1209,1210) is controlled by the vertical gap actuators (1216,1217,1218; Fig. 10, block 1082). Regarding claims 8 and 17, the deflection device (1208,1209,1210) comprising a plurality of magnetic rotors (Fig. 12) whose axis of rotation is perpendicular to the processing direction (1224) and parallel to a strip width (1202), the magnetic rotors levitate the strip between the rollers as they are non-contacting. Regarding claims 10 and 20, a controller (1080; Fig. 10) is communicatively coupled to the deflection device (1208,1209,1210) to control an amplitude (sinusoidal curvature) of the deflection of the metal strip (1202) by actuating (Fig. 10, control block 1082; [0139], lines 1-4) the vertical gap actuators (1216,1217,1218) to control a gap between the rolls (1208,1209,1210). Regarding claims 11 and 21, the controller (1080) actuates the vertical gap actuators (1216,1217,1218) to control a thermal expansion ([0139], lines 7-11) of the metal strip (1202). Regarding claims 12 and 22, the controller (1080) actuates the vertical gap actuators (1216,1217,1218) to control a tension ([0139], lines 12-15) of the metal strip (1202). Regarding claim 23, Pralong discloses a method of providing a magnetic rotor (1208,1209,1210) that is rotatable about an axis that is perpendicular to the processing direction (1224; Fig. 12) and parallel to a lateral width of the metal substrate (1202) and offsetting a vertical position (serpentine or sinusoidal pattern; [0151], line 7) of the passline (horizontal strip position) downstream from the entrance of the looper (left side Fig. 12, strip is horizontal prior to rolls 1208,1209,1210) relative to a vertical position of the passline at the entrance of the contactless looper by positioning the magnetic rotor by vertical gap actuators (1216,1217,1218) such that an axis of the magnetic rotor (1210) is at an offset vertical position with respect to the horizotonal passline while the magnetic rotors (1208,1209,1210) are rotating to levitate the strip between the rollers in a non-contact relationship. Regarding claim 24, tension is controlled by a line speed (Fig. 11, block 1197; [0141], lines 3-4 and [0145], lines 4-12 and [0150]).
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.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pralong et al. (2018/0092163) in view of Kotzian et al. (EP 2926918). Regarding claims 14-16, Pralong discloses that the controller (1080; Fig. 10) is communicatively coupled to the deflection device (1208,1209,1210) to control an amplitude (sinusoidal curvature) of the deflection of the metal strip (1202) by actuating (Fig. 10, control block 1082; [0139], lines 1-4) the vertical gap actuators (1216,1217,1218) to control a gap between the rolls (1208,1209,1210). The controller (1080) is configured to actuate the vertical gap actuators (1216,1217,1218) to control a thermal expansion ([0139], lines 7-11) of the metal strip (1202) and the controller (1080) is configured to actuate the vertical gap actuators (1216,1217,1218) to control a tension ([0139], lines 12-15) of the metal strip (1202). Pralong discloses developing a model (block 1196) including line speed ([0146], line 4) and a temperature or tension measurement (block 1194, [0147]) to determine a necessary vertical gap (block 1192) of the magnetic rotors (1208,1209,1210) to bring a strip tension to an adjusted level but Pralong does not specifically recited that there is an upstream processing unit and a downstream processing unit. Kotzian teaches (Fig. 1) that an actuator (8) is configured to raise a looper (7) to create curvature in a strip (1) by deflecting the strip so as to control tension between an upstream processing unit (2) and a downstream processing unit (3). A controller (11) receives signals from a sensor (10) and the controller (11) is configured to control the upstream processing unit (2) and the downstream processing unit (3). The control unit (11) is programmed with machine readable code (12) stored on a storage medium (13) and contains control instructions (14) which cause the control device to determine a strip tension ([0030],[0031]) and send control variables (δv1,δv2) to the upstream processing unit and the downstream processing unit [0038]. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to modify the controller of Pralong to control tension between an upstream processing unit and downstream processing unit as taught by Kotzian based upon a deflection of the metal substrate when it is acted upon by the looper of Pralong in order to control upstream and downstream rolling stands in order to give the strip a target tension for strip rolling.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725