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 disclosure is objected to because of the following informalities: Para. 0014, line 17 should be corrected as follows, “to occur at both end [[partis]] parts in the longitudinal direction.”
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 1-15 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, lines 1-2 recite, “a cutting apparatus that is provided on a conveyor for conveying a plate body and cuts the plate body being conveyed by the conveyor, the cutting apparatus comprising: a cutting blade that cuts the plate body in a direction parallel to a direction of conveying of the plate body…” As currently written, the recitation of “a cutting apparatus that is provided on a conveyor” [emphasis added] can be interpreted as a cutting device is mounted on [i.e., provided on] the conveyor so as to be movable therewith “in a direction parallel to a direction of conveying of the plate body.” Alternatively, the aforementioned recitation can be interpreted as a cutting apparatus for cutting a plate body includes a conveyor for conveying the plate body along a conveying path relative to the cutting device. It is unclear if Applicant intends for the cutting blade of the cutting apparatus to move along the conveying direction with the conveyed plate body or if Applicant intends for the conveyor to convey the plate body past the cutting blade of the cutting apparatus. For purposes of examination, this limitation will be interpreted as the conveyor moving the plate body relative to the cutting apparatus.
Claim 4 recites, “when the end part of the plate body is conveyed to a predetermined position below the pressing plate, the pressing unit drives the air cylinder downward to move the pressing plate to the pressing position to press the plate body with the pressing plate.” As currently written, there is insufficient antecedent basis in the claims for “the end part.” The recitation of “the end part” does not refer to a previously defined feature of the plate body. It is unclear what can or cannot be included within the scope of “the end part.” It is unclear which part of the plate body is specifically being referred to by “the end part.” Claim 6 recites, “wherein the pressing unit is configured to be capable of making force for pressing the plate body with the pressing plate constant.” The recitation of “to be capable of” suggests the function of “making force for pressing the plate body with the pressing plate constant” may be optional. It is unclear if claim 6 does or does not positively require the pressing unit [to be] configured to make the force for pressing the plate body with the pressing plate constant. Claim 7 recites, “wherein the pressing unit is configured to be capable of adjusting the force for pressing the plate body with the pressing plate in accordance with at least one state of a thickness and a warp of the plate body.” The recitation of “to be capable of” suggests the function of “adjusting the force for pressing the plate body with the pressing plate in accordance with at least one state of a thickness and a warp of the plate body” may be optional. It is unclear if claim 7 does or does not positively require the pressing unit [to be] configured to adjust the force for pressing the plate body with the pressing plate in accordance with at least one state of a thickness and a warp of the plate body. Claim 13 recites, “the plate body has a long belt shape, and the long belt-like plate body is conveyed in a direction parallel to a width direction thereof and is cut.” This limitation has the following issues: It is unclear what can or cannot be included within the scope of “a long belt shape” and “the long belt-like plate body.” Does Applicant intend for “a long belt shape” to be a continuous loop of material? For purposes of examination, “long belt shape” will be interpreted as an elongated workpiece. It is unclear which dimension corresponds to “a width direction thereof” of the long belt-like plate body.” For example, the length of the long belt-like plate body would be measured along the longer extent of the long belt-like plate body. Conversely, the width of the long belt-like plate body could be measured along the narrower portion of the long belt-like plate body, i.e., orthogonal to the longer extent of the long belt-like plate body. Claim 14 recites, “wherein the end part including the side surface along the width direction of the long belt-like plate body is cut and separated with the cutting blade while being pressed by the pressing plate.” As currently written, there is insufficient antecedent basis in the claims for “the end part.” The recitation of “the end part” does not refer to a previously defined feature of the plate body. It is unclear what can or cannot be included within the scope of “the end part.”
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.
As best understood, claims 1-3, 8-10 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Payzant et al (US Patent 1,977,971), herein referred to as Payzant. Regarding claim 1, Payzant discloses a cutting apparatus (fig. 1; see, e.g., figs. 9 and 10 for more detail) that is provided on a conveyor (31) for conveying a plate body (e.g., lumber 10) and cuts the plate body being conveyed by the conveyor (page 2, lines 46-49), the cutting apparatus comprising:
a cutting blade (12, 13) that cuts the plate body in a direction parallel to a direction of conveying the plate body (page 2, lines 112-118); and
a pressing unit (page 3, lines 18-25) comprising, at a side position (fig. 9) of the cutting blade (12), a pressing plate (67) provided to be movable between a pressing position (fig. 10) where the pressing plate presses the plate body and a retracted position (page 3, lines 29-33) where the pressing plate is retracted from the pressing position (Id.), wherein
the cutting apparatus cuts the plate body (10) with the cutting blade (12, 13) while pressing the plate body (10) with the pressing plate (67). Regarding claim 2, Payzant discloses the pressing unit further comprises an air cylinder (i.e., pneumatic cylinder 56) that moves the pressing plate between the pressing position and the retracted position (via piston 54 and crank 71; page 3, lines 18-33). Regarding claim 3, Payzant discloses the pressing unit drives the air cylinder (56) in accordance with a position of the plate body (10). Regarding claim 8, Payzant discloses the pressing plate (67) comprises a pressing surface part (lower surface of plate 67) parallel to a surface of the plate body (10) being conveyed by the conveyor (31), and an inclined surface part (upwardly curved surface at righthand side of fig. 13) having an upstream end part in the conveying direction rising and having a predetermined angle (i.e., a tangent to curved surface has an angle) with respect to the surface of the plate body. Regarding claim 9, Payzant discloses the cutting blade is a disc-shaped rotary blade (i.e., circular saw blades 12, 13). Regarding claim 10, Payzant discloses the cutting apparatus is capable of performing a cutting operation on a plate body (i.e., a wood plank or other flat building material) that is a semi-finished product for a gypsum board. Regarding claim 12, Payzant discloses a cutting method using the cutting apparatus according to claim 1 (e.g., page 2, lines 45-49). Regarding claim 13, Payzant discloses the plate body has a long belt shape elongated piece of lumber 10), and the long belt-like plate body (elongated lumber with a length measured along the longer side and width measured along the shorter side) is conveyed in a direction parallel (via lugs 11; see fig. 10) to a width direction thereof (fig. 4) and is cut (page 2, lines 45-49). Regarding claim 14, Payzant discloses [an] end part (portion of plate body between conveyor and right-hand edge depicted in fig. 9), including [a] side surface along the width direction of the long belt-like plate body (10), is cut and separated with the cutting blade (12, 13) while being pressed by the pressing plate (figs 9 and 10).
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.
As best understood, claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 205219454), herein referred to as Li, in view of Kimmel et al (US Patent 6,968,766), herein referred to as Kimmel. Regarding claim 1, Li discloses a cutting apparatus (fig. 1) that is provided on a conveyor (annotated fig. 2) for conveying a plate body (gypsum board 9) and cuts the plate body being conveyed by the conveyor (fig. 2), the cutting apparatus comprising:
a cutting blade (annotated fig. 2) that cuts the plate body in a direction parallel to a direction of conveying the plate body (i.e., rotation axis of cutting blade is perpendicular to conveying direction of gypsum board 9); and
a pressing unit (10) comprising, at a side position of the cutting blade (fig. 1), the pressing unit (10) is provided to be movable between a pressing position (fig. 1) where the pressing device (10) presses the plate body (9) and a retracted position where the pressing plate is retracted from the pressing position (described as “capable of lifting” in translation, page 3, line 26) and claim 1 states, “the pressing device (10) is set on one side of the gypsum board conveying device, when the gypsum board conveying to the lower cutting device (7), the pressing device (10) presses the gypsum board”), wherein
the cutting apparatus cuts the plate body with the cutting blade while pressing the plate body with the pressing plate (fig. 1).
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Li fails to disclose the pressing unit includes a pressing plate. However, Kimmel (US Patent 6,968,766) teaches it is known in the art of cutting board-like workpieces to provide a compliant workholder for machinery including a vertical workholder (190) provided with a pressing plate (featherboard 108) movable between a pressing position in which pressing plate (108) contacts the workpiece (col. 2, lines 31-34) and a retracted position where pressing plate (108) is retracted from the pressing position (col. 5, lines 14-17). Kimmel teaches in col. 9, lines 25-29, “[w]hile feature boards offer certain advantages in adjusting to small variations in the workpiece, it is not essential to the present invention. It could be replaced as a workpiece contact by one or more rollers; a leaf spring arrangement; a low drag skid (such as UHDPE plastic) optionally back by a resilient layer such as high density foam rubber; or any other of a variety of contact means. These contact elements could be made interchangeable to allow the operator to adapt the workholder to the specific type of workpiece being handled” [emphasis added]. While Examiner interprets featherboard (108) as corresponding to the claimed “pressing plate,” the teaching of Kimmel specifically suggests “one or more rollers” (such as those disclosed by Li) and “a low drag skid” (another kind of pressing plate) are known alternatives to those having an ordinary skill in the art. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the cutting apparatus of Li with the teaching of Kimmel such that the pressing wheels of Li are replaced with the pressing plate of Kimmel in order to increase the surface area of the pressing unit for improving the hold-down effect thereof. Additionally, this modification would have been obvious to one having an ordinary skill in the art before the effective filing of the invention because the substitution of one known element for another would have yielded predictable results and all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results. Regarding claim 2, Li fails to disclose the pressing unit further comprises an air cylinder that moves the pressing plate between the pressing position and the retracted position. However, Kimmel teaches it is known in the art of pressing units to provide an air cylinder (double acting piston 120 and actuating rod 124) that moves the pressing plate between the pressing position and the retracted position (col. 5, lines 14-17). Kimmel describes “double acting piston” (120) as being part of an air powered actuating system (col. 5, lines 43-56). Kimmel discloses separate air cylinders are provided for actuating horizontal and vertical pressing plates (fig. 12). The aforementioned description relates to the horizontal pressing plate, but the teaching is applicable to vertical pressing unit (190) as well. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the cutting apparatus of Li with the teaching of Kimmel such that the pressing unit further comprises an air cylinder that moves the pressing plate between the pressing position and the retracted position in order to maintain sufficient control over the position of the workpiece despite variations in the size of the workpiece (Kimmel, col. 4, lines ⁓28-33). Regarding claim 3, the modified cutting apparatus of Li substantially disclosed above includes the pressing unit drives the air cylinder in accordance with a position of the plate body (Kimmel, col. 8, lines 31-46). Regarding claim 4, the modified cutting apparatus of Li substantially disclosed above includes when the end part of the plate body is conveyed to a predetermined position below the pressing plate (Kimmel, figs. 6-7), the pressing unit drives the air cylinder downward to move the pressing plate to the pressing position to press the plate body with the pressing plate (as taught by Kimmel). Kimmel teaches the bleed valves in the pneumatic system can be adjusted such that actuation of the pressing plate into the pressing position occurs either immediately upon releasing control button (152) or after a delay of up to a minute, depending upon the intended mode of operation (col. 8, lines 31-46).
Regarding claim 5, the modified cutting apparatus of Li substantially disclosed above includes discloses the pressing unit drives the air cylinder upward to move the pressing plate to the retracted position (Kimmel, col. 5, line 66 – col. 6, line 4) immediately before cutting of the plate body is finished [emphasis added]. Kimmel teaches extension rod (124) of air cylinder (120) is configured to retract when button (152) is depressed (col. 5, line 66 – col. 6, line 4). As such, the operator can choose to press button (152) at any reasonable time to retract the pressing plate, including at a time immediately before cutting of the plate body is finished.
Regarding claim 6, the modified cutting apparatus of Li substantially disclosed above includes the pressing unit is configured to be capable of making force for pressing the plate body with the pressing plate constant (Kimmel, col. 2, lines 31-34).
Regarding claim 7, the modified cutting apparatus of Li substantially disclosed above includes the pressing unit is configured to be capable of adjusting the force for pressing the plate body with the pressing plate (Kimmel, col. 5, lines 44-46) in accordance with at least one state of a thickness and a warp of the plate body (Kimmel, col. 4, lines 23-26).
Regarding claim 8, the modified cutting apparatus of Li substantially disclosed above includes wherein the pressing plate (Kimmel, featherboard) comprises a pressing surface part (i.e., the flat surface at the distal tips of the individual “feathers”) parallel to a surface of the plate body being conveyed by the conveyor (Kimmel, fig. 7), and an inclined surface part (the broad leading face of the first “feather”) having an upstream end part in the conveying direction rising and having a predetermined angle with respect to the surface of the plate body (Kimmel, fig. 7).
Regarding claim 9, the modified cutting apparatus of Li substantially disclosed above includes wherein the cutting blade (Li, annotated fig. 2) is a disc-shaped rotary blade (i.e., circular saw blade). Regarding claim 10, the modified cutting apparatus of Li substantially disclosed above includes wherein the plate body is a semi-finished product for a gypsum board (as described in translation, “Background technology”). Regarding claim 11, the modified cutting apparatus of Li substantially disclosed above includes an apparatus for manufacturing a gypsum board (i.e., “gypsum board production line equipment,” translation, page 1, line 16), comprising the cutting apparatus according to claim 1. Regarding claim 12, the modified cutting apparatus of Li substantially disclosed above includes a cutting method (Li, translation, page 2, lines 5-7) using the cutting apparatus according to claim 1. Regarding claim 13, the modified cutting apparatus of Li substantially disclosed above includes the plate body has a long belt shape (i.e., a length of processed gypsum board), and the long belt-like plate body is conveyed in a direction parallel to a width direction thereof and is cut (Li, fig. 1).
Regarding claim 14, the modified cutting apparatus of Li substantially disclosed above includes the end part including the side surface along the width direction of the long belt-like plate body is cut (Li, fig. 1) and separated with the cutting blade while being pressed by the pressing plate (Id.).
As best understood, claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Payzant (US Patent 1,977,971) in view of Jenkner (US Patent 5,205,705). Regarding claim 15, Payzant fails to specifically disclose cutting with the cutting blade is performed in a state where two long belt-like plate bodies are stacked. However, Jenkner teaches it is known in the art of cutting plate shaped workpieces to create partial stacks (57) of a workpiece for cutting. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the cutting method of Payzant substantially disclosed above with the teaching of Jenkner such that cutting with the cutting blade is performed in a state where two long belt-like plate bodies are stacked in order to processing more material in a shorter period of time.
As best understood, claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 205219454) and Kimmel (US Patent 6,968,766) in view of Jenkner (US Patent 5,205,705). Regarding claim 15, the modified cutting method of Li substantially disclosed above fails to specifically disclose cutting with the cutting blade is performed in a state where two long belt-like plate bodies are stacked. However, Jenkner teaches it is known in the art of cutting plate shaped workpieces to create partial stacks (57) of a workpiece for cutting. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the cutting method of Li substantially disclosed above with the teaching of Jenkner such that cutting with the cutting blade is performed in a state where two long belt-like plate bodies are stacked in order to processing more material in a shorter period of time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hay et al (US Patent 273,072) discloses delivery rollers for a circular saw mill that press on the workpiece as it comes into contact with the saw blade. Gabriel (US Patent 1,288,868) discloses a cutting device with a hold-down member. Voss et al (US Patent 1,368,773) discloses a sawing machine guard. Walrath (US Patent 1,773,557) discloses a saw with a hold down member (50). Lethenstrom (US Patent 2,347,918) discloses a hold-down shoe for a reciprocating saw. Schwantes (US Patent 2,609,014) discloses a traveling saw with a clamping bar (62). Evans (US Patent 2,657,680) discloses a sawing machine for stone material. Payne (US Patent 2,686,350) discloses a power operated saw. Hammond (US Patent 2,913,926) discloses a saw with a brush-type guard. Klein (US Patent 3,298,157) discloses a hold-down clamp assembly for a saw. Hill (US Patent 3,353,818) discloses a hold-down device with a plurality of fingers. Wilson (US Patent 3,990,568) discloses a wood board sawing machine with press roll positioning controlled by workpiece thickness sensors (col. 7, lines 27-56). Foster (US Patent 4,205,568) discloses a cutting apparatus with a plurality of hold down shoes (34). Volk (US Patent 4,363,252) discloses a cutting apparatus (fig. 1) that is provided on a conveyor (“conveyor chain,” col. 3, line 38) for conveying a plate body (17) and cuts the plate body being conveyed by the conveyor (col. 3, lines 33-39), the cutting apparatus comprising:
a cutting blade (2, 3) that cuts the plate body in a direction parallel to a direction of conveying the plate body (indicated by arrow 18); and a pressing unit (9, 13) comprising, at a side position of the cutting blade (i.e., on either side thereof), a pressing plate (9, 13) provided in a pressing position (fig. 1) where the pressing plate presses the plate body via pressing wheels (11, 15), wherein the cutting apparatus cuts the plate body (17) with the cutting blade (2, 3) while pressing the plate body with the pressing plate (col. 1, lines 57-61). McGeeHee (US Patent 4,468,992) discloses a wood saw device with a hold-down shoe (90) positioned to the side of saw blades. Benuzzi (US Patent 4,819,532) discloses a sawing machine with a hold-down device. Hewitt (US Patent 5,181,447) discloses an adjustable protecting guard for a saw. Scott (US Patent 5,287,782) discloses a gang saw apparatus with an elongated pressure shoe (96) with a bottom slide face (96a) moved into a pressing position (fig. 3) by pneumatic cylinder (124). O’Grady (US Patent 5,595,102) discloses a clamping device for stacked items to be cut. St-Pierre et al (US Patent 5,680,888) discloses a saw trimmer for lumber with a pressing unit (50, 52). Sartori (US Patent 5,918,521) disclose a bifurcated hold-down shoe for a saw. Perrot (US Patent 5,934,834) discloses a skid-type or continuous chain-type saw support. Brodmann et al (US Patent 6,732,620) discloses a cutting machine with a pneumatic pressure-cylinder system (11) for actuating a hold-down during cutting (col. 3, liners 64-67) Voigt et al (US Patent 10,562,817) discloses a method of producing gypsum board. Bettini (US Publication 2005/0132664) discloses a cross-cutting knife 13 and pneumatic holder (21). Franze (US Publication 2013/0186246) discloses a shearing apparatus with a clamp. Chen Feng (US Publication 2015/0328699) discloses a cutting device on a conveying mechanism and a clamping device proximate to where the cutting device cuts a workpiece.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 March 29, 2026
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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