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 .
DETAILED ACTION
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 “ball jack screw” of claims 3 and 13 must be shown or the feature(s) canceled from the claim(s). A ball jack screw has a special meaning and specific structure known in the mechanical art. (see further explanation in the 112a section below). No such structure is shown in the present figures. 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.
Claim Objections
Claim 3 is objected to because of the following informalities: The limitation reading “the displacement actuator comprise a ball jack screw” should read: “the displacement actuator comprises a ball jack screw””.
Claim 13 is objected to because of the following informalities: The limitation reading “the displacement actuator comprise a ball jack screw” should read: “the displacement actuator comprises a ball jack screw””.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation of Claim 3 reading: “the displacement actuator comprise a ball jack screw attached to an end portion of the pivot arm” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention. It is not clear from the record, which, if any of the structures shown or described, comprise a ball jack screw. The only instances in the specification where a ball jack screw are mentioned, as highlighted and copied in relevant part, below. In each of these instance the ball jack crew is only described generally. No structure is designated as comprising the ball jack screw. See, par 0040-0041, 0054, 0059 excerpt(s) copied below:
[0040] According to embodiments, a system, apparatus, and method are provided that increase the stability of the anvil drum by mounting the anvil drum on a pivotal support, such as a set of pivot arms (also referred to herein as pivot plates). In an exemplary embodiment, pivotal support(s), e.g., set of pivot arms, straddle each machine frame and area actuated by a pressure adjuster, which in certain exemplary embodiments includes (large) ball screw jack. The ball screw jack adjusts the cutting pressure between the two drums (i.e., the anvil drum and the die drum) or rolls. In an embodiment, a load cell, hydraulic gauge, or motor torque feedback from the linear ball screw jack motor(s) can monitor pressure.
[0041] In certain embodiments, the diameter of the die cylinder or drum is not changed (relative to conventional die cylinders) due to the machine repeat and surface speed required. In certain embodiments, the diameter of the anvil cylinder (or anvil drum) is increased relative to conventional anvil cylinders due to it having no relationship to the machine repeat as long as the surface speed matched the die drum. In embodiments, increasing the diameter of the anvil drum significantly reduced its deflection and flexibility when cutting. In exemplary embodiments, to further increase stability of the anvil drum, the die drum is mounted to a set of pivot arms. In exemplary embodiments, the pivot arms straddle each machine frame and are actuated by a large ball-screw jack. The ball-screw jack adjusts the cutting pressure between the two rolls, i.e., the die cylinder and the anvil cylinder. In embodiments, a load cell, hydraulic pressure gauge, or motor torque feedback from the linear ball screw jack motors can monitor pressure.
[0054] In an exemplary embodiment, the first and second displacement actuators 140 and 142 each comprise a ball jack screw. In other embodiments, the first displacement actuator 140 and/or the second displacement actuator 142 are a hydraulic actuator, a
pneumatic actuator, a machine screw, a telescope jack, a rack and pinion, or other mechanism.
[0059] In an embodiment, the first and second displacement actuators 140 and 142 (e.g., large ball screw jacks) adjust cutting pressure between the die cylinder 102 and the anvil cylinder 104 by moving the connecting elements 145 and 147 to shift the anvil cylinder 104 towards or away from the die cylinder 102. (emphasis added).
A ball jack screw is known in the art to comprise “a ball screw and nut made from hardened alloy steel with hardened bearing balls carrying the load between the nut and screw. This rolling action reduces friction between the nut and the screw, permitting smooth and efficient movement of the load. Because of the greater efficiency and rolling action, the ball screw can operate at higher speeds and increased duty cycle when compared with the Machine Screw Jack.” (see Thompson Brand article, attached, found online at: https://www.thomsonlinear.com/en/products/screw-jacks/ball-screw-jack?srsltid=AfmBOoqc_XpsQ4ZArgqAbHaS0nBJ4BkUDwzPXmq6gJnXgqVposvKc3Ot, for instance>). None of the figures appear to show any bearing balls carrying a load between a nut and a screw. Thus, no ball jack screw appears to be shown nor disclosed / describe with enough detail nor sufficiently to comply with the written description requirement as set forth above.
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 3 and 13 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 pre-AIA the applicant regards as the invention.
The limitation of Claims 3 and 13, reading: “the displacement actuator comprise a ball jack screw attached to an end portion of the pivot arm” are indefinite. As noted above, in the 112a rejection, it is not clear which structure if any comprises the claimed ball jack screw structure. A ball jack screw, as known in the art, includes a ball screw and nut made from hardened alloy steel with hardened bearing balls carrying the load between the nut and screw.” (see Thompson Brand article cited). None of the figures appear to show such structures. Also, the specification does not disclose what structure corresponds to a ball jack screw, except that “the first and second displacement actuators 140 and 142 each comprise a ball jack screw”. (par 0054). However, these figures simply show movable actuators generally. Thus, it is not clear what the metes and bounds of a ball jack screw are.
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.
Claims 1-2, 4, 6-8, 10-12, 14, and 16-18, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 9524298 A1, to Paulson.
Regarding Claim 1, Paulson discloses a rotary die cutting apparatus (see abstract), comprising:
a rotatable first cylinder 23;
a rotatable second cylinder (slotted roller assembly 34) positioned in proximity to the first cylinder (fig. 4) to compress and permit cutting (page 12, 30-40) of a corrugated article (pg 1, 1-20 and page 12, 30-40) when the corrugated article passes between the first and second cylinders (pg 7, 10-30);
a pivot arm (52) on which the second cylinder is mounted (fig 4) and configured for pivotal movement to thereby move the second cylinder mounted thereon relative to the first cylinder (page 14, line 15-40); and
a displacement actuator (combination of parts 60 and 61) operatively connected to the pivot arm to control the pivotal movement of the pivot arm (page 14, line 20-40).
Regarding Claim 2, in Paulson the first cylinder comprises a rotatable die cylinder including at least one cutting die 24; and the second cylinder comprises an anvil cylinder (since the slotted portion of cylinder 34 receives the cutting die/blade 24, fig. 3) including at least one cover (35, since the part 35 covers at least the interior of the cylinder).
Regarding Claim 4, in Paulson the displacement actuator (61 and 60) is pivotably mounted on a base (57).
Regarding Claim 6, in Paulson the device comprises first and second stanchions (beams 10 and 11) on opposite ends of the first and second cylinders (fig 1).
Regarding Claim 7, in Paulson the pivot arm 52 has a first end region pivotally connected to the displacement actuator (via cam link 57); the pivot arm has a second end region (at 53) connected to and pivotal relative to the first stanchion (operatively connected to the beam 10 via cutter head 31, fig. 4); and the second cylinder 33 is mounted to the pivot arm between the first end and the second end (See-fig 4).
Regarding Claim 8, in Paulson the first cylinder 23 has opposite ends rotatably supported by the first and second stations (tool holders 16, see second par under “Detailed Description of the Preferred Embodiments” section), respectively, and wherein the second cylinder 34 has a first end rotatably supported by the pivot arm (pivot arm 52 on the left in fig 4), and a second end rotatable supported by a second pivot arm (pivot arm 52 on the right in fig 4, and as described in 6th par. under “Detailed Description of the Preferred Embodiments” section, where it is stated that “Each roller 35 is rotatably mounted on its stub shaft 51 which is, in turn, rotatably supported in the free end of one of a pair of spaced support arms 52. The opposite ends of the support arms 52 are attached to a common support arm pivot 53”).
Regarding Claim 10, Paulson discloses a method of operating a rotary die cutting apparatus, (Abstract) comprising: providing the rotary die cutting apparatus (abstract), the rotary die cutting apparatus comprising: a rotatable first cylinder 23;
a rotatable second cylinder (slotted roller assembly 34) positioned in proximity to the first cylinder (fig 3) to compress and permit cutting and/or creasing of a corrugated article when the corrugated article passes between the first and second cylinders (pg 1, 1-20 and page 12, 30-40));
a pivot arm 52 on which the second cylinder is mounted and configured for pivotal movement to thereby move the second cylinder mounted thereon (fig 304) relative to the first cylinder (page 14, line 15-40); and
a displacement actuator (combination of parts 60 and 61) operatively connected to the pivot arm to control the pivotal movement of the pivot arm (page 14, line 20-40); and passing an article between the first and second cylinders to cause the first cylinder and/or the second cylinder to cut and/or crease the article (page 14, line 20-40).
Regarding Claim 11, in Paulson the article comprises a corrugated board (second paragraph under “Background of the Invention” section of Paulson.
Regarding Claim 12, in Paulson the first cylinder comprises a rotatable die cylinder including at least one cutting die 24; and the second cylinder comprises an anvil cylinder (since the slotted portion of cylinder 34 receives the cutting die/blade 24, fig. 3) including at least one cover (35, since the part 35 covers at least the interior of the cylinder).
Regarding Claim 14, in Paulson the displacement actuator (61 and 60) is pivotably mounted on a base (57).
Regarding Claim 16, in Paulson the device comprises first and second stanchions (beams 10 and 11) on opposite ends of the first and second cylinders (fig 1).
Regarding Claim 17, in Paulson the pivot arm 52 has a first end region pivotally connected to the displacement actuator (via cam link 57); the pivot arm has a second end region (at 53) connected to and pivotal relative to the first stanchion (operatively connected to the beam 10 via cutter head 31, fig. 4); and the second cylinder 33 is mounted to the pivot arm between the first end and the second end (See-fig 4).
Regarding Claim 18, in Paulson the first cylinder 23 has opposite ends rotatably supported by the first and second stations (tool holders 16, see second par under “Detailed Description of the Preferred Embodiments” section), respectively, and wherein the second cylinder 34 has a first end rotatably supported by the pivot arm (pivot arm 52 on the left in fig 4), and a second end rotatable supported by a second pivot arm (pivot arm 52 on the right in fig 4, and as described in 6th par. under “Detailed Description of the Preferred Embodiments” section, where it is stated that “Each roller 35 is rotatably mounted on its stub shaft 51 which is, in turn, rotatably supported in the free end of one of a pair of spaced support arms 52. The opposite ends of the support arms 52 are attached to a common support arm pivot 53”).
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 of this title, 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.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Paulson, as applied to claims 1 and 10 above, and further in view of USPGPUB 20200078976, Schwamberger.
Regarding Claims 3 and 13, Paulson lacks the displacement actuator comprises/ing a ball jack screw attached to an end portion of the pivot arm.
Schwamberger discloses a height adjustable rotary cutter assembly, in the same field of endeavor as the height adjustable rotary cutter assembly of the present invention and discloses that such a system includes a pivot arm 256 which is attached to a rotary cutter 212 and which pivot arm acts to raise and lower the cutter via a displacement actuator 220, in a similar manner as the rotary arm of Paulson raises and lowers the rotary cutting part; also Schwamberger discloses that in such an assembly it is known to include the displacement actuator 220 comprising a ball jack screw (“jacking screw”, which includes bearing-parts 226) attached to an end portion of the pivot arm 256 the in order to “reduce the force required to rotate the support member 212 when adjusting the circumferential position of the first cutting surface 202.” (See: pars. 0047-0048).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Paulson by having the displacement actuator comprise a ball jack screw attached to an end portion of the pivot arm in order to reduce the force required to rotate the support member when adjusting the circumferential position of the first cutting surface, as taught in Schwamberger.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Paulson, as applied to claims 1 and 10 above, and further in view of USPN 8500121, Paulson, hereafter “Paulson 121”.
Regarding Claims 5 and 15, Paulson lacks the device comprising the pivot arm having first and second pivot plates on opposites sides of and pivotally connected to a connecting portion of the displacement actuator.
Paulson 121 discloses a height adjustable rotary cutter assembly, in the same field of endeavor as the height adjustable rotary cutter assembly of the present invention and discloses that such a system includes a pivot arm assembly (pair of arms 35) comprises first and second pivot plates 35 on opposites sides of and pivotally connected to a connecting portion of a displacement actuator 31, in order to adjust the nip force applied to the shingled sheets pulled through the nip (col. 2, 40-50) while preventing back slip under heavy drive conditions associated with cutting corrugated boards (col 1, 25-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Paulson by having the displacement actuator comprise the pivot arm having first and second pivot plates on opposites sides of and pivotally connected to a connecting portion of the displacement actuator, in order to adjust the nip force applied to the shingled sheets pulled through the nip while prevents back slip under heavy drive conditions associated with cutting corrugated boards, as taught by Paulson 121.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Paulson, as applied to claims 1 and 10 above, and further in view of US 5685213, Gorl.
Regarding Claims 9 and 19, Paulson lacks the rotary die cutting apparatus of claim 1, further comprising a feedback loop for monitoring motor torque and controlling the displacement actuator to maintain relatively uniform spacing between the die cylinder and the anvil cylinder during operation.
Paulson 121 discloses a height adjustable rotary cutter assembly, in the same field of endeavor as the height adjustable rotary cutter assembly of the present invention and discloses that such a system includes a feedback loop (torque sensor or transmitter 27, which cooperates with the drive motor 7 and feeds pulses therefrom to the latter, thus forming a feedback loop) for monitoring motor torque and controlling the displacement actuator to maintain relatively uniform spacing between the die cylinder and the anvil cylinder during operation (col 4, 1-10), in order to optimize precise perforation positioning of the cylinders, col 1, 35-40.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Paulson by having the device comprising a feedback loop for monitoring motor torque and controlling the displacement actuator to maintain relatively uniform spacing between the die cylinder and the anvil cylinder during operation in order to optimize precise perforation positioning of the cylinders as taught by Gorl.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20110036220 20220258372 5778782 5673603 20060048616 20220297328 20130042771 20060243111 and 8500121; and EP3053716 A1 disclose state of the art adjustable die assemblies for cutting sheet materials, and, thus, each disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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, Boyer Ashley can be reached on 571-272-4502. 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.
/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724