Detailed Office Action
Applicant’s amendments and arguments dated 5/6/2026 have been entered and fully considered. Claims 1-2, 7, 13, and 19 are amended. Claims 14-18 are withdrawn from examination. Claims 1-20 remain pending.
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 .
Response to amendments and Arguments
Applicant's amendment has overcome the 35 USC 112(b) rejection previously set forth in the non-final office action of 2/6/2026. This rejection is withdrawn.
The other amendments are acknowledged and are addressed below in the 35 USC 103 rejection section.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 9-10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over TOTANI (US-2022/0332057), hereinafter TOTANI, in view of LENSER (US-2023/0405943), hereinafter LENSER ,and BERNSTEIN (DE-102007036872-A1 and its English translation), hereinafter BERNSTEIN, as evidenced by GONZALEZ (US-2017/0170348), hereinafter GONZALEZ. Note that the italicized text below are the instant claims.
Regarding claims 1 and 13, TOTANI discloses A dual edge binder machine {[abstract] note that welding device is the binding machine, [FIG. 1B] note both edges of the two sheets 1 are bonded, thus dual edge} comprising:
a heat device configured to generate heat {[0048] note laser device and that it provides heat};
an upper roller and a lower roller positioned to form an interface therebetween {[0042] note pair of pressure rollers 3, [FIG. 1B] note one of 3 is the upper roller and the other one is the lower roller and there is an interface therebetween};
wherein the heat device simultaneously delivers heat to an upper side and a lower side of a material assembly {[FIG. 1B] note the two heat device 5 is located adjacent to the interface of the two pressure rollers 3 and provide heat simultaneously to the material assembly 1/2. Also, the Examiner notes that the material assembly is not part of the binding machine and material acted upon by apparatus does not limit the apparatus (see MPEP 2115), however, and in the interest of compact prosecution, the Examiner has mapped this limitation};
and a sidewall spool configured to have a roll of sidewall material mounted thereto {[FIG. 1A] note 2 is the side wall material since it is attached to a side of 1, also note that sidewall material is not part of the apparatus and material acted upon by apparatus does not limit the apparatus (see MPEP 2115)}.
Regarding a spool for side wall material, TOTANI is explicitly silent on this limitation. However, TOTANI discloses that the web material is supplied from a roll or a spool {[0045]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have modified the machine of TOTANI and have also provided a spool for the sidewall material of TOTANI, since TOTANI generally discloses how this types of materials are provided and it is well within the skill of an artisan to have used the same approach for the sidewall material in addition to the webs.
Regarding the next limitation of claim 1, modified TOTANI discloses wherein the heat device, the upper roller, and the lower roller are configured to weld an upper piece and a lower piece to a sidewall in the material assembly {[FIG. 1B] note 2 is welded to the upper 1 and the lower 1}.
Modified TOTANI, however, is silent on the heat device including an electric heating element and delivers heated air via an upper nozzle and a lower nozzle and wherein the upper nozzle and the lower nozzle are positioned directly adjacent to the interface.
In the same field of endeavor that is related to pressure roller with a nip for plastic shaping, LENSER discloses including an electric heating element and delivers heated air via an upper nozzle and a lower nozzle and wherein the upper nozzle and the lower nozzle are positioned directly adjacent to the interface {[0084] note heated air nozzles that use resistive heater or electric heater, [FIG. 1] note heated air nozzles 500 and 600 are adjacent to the interface of the two pressure roller}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have substituted the two laser heating devices 5 of TOTANI {[FIG. 1B]} with the two hot air nozzle of LENSER. It has been held that a simple substitution of one known element for another to obtain predictable results is well within the skill of one of ordinary skill in the art {see MPEP 2143 (I)(B)}. Predictable results are achieved because both TOTANI and LENSER use these heating devices to implement the connection between two plastic webs as described above.
Regarding the next limitation of claim 1 “wherein the heat device is configured to simultaneously deliver heated air to the upper nozzle and the lower nozzle via air piping that includes a dual outlet joint that splits a flow of heated air from the heat device”, as discussed above, both LENSER and TOTANI use two separate heating devices and are silent on a single heating device that splits the flow of hot air.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have integrated the two separate hot air heating devices of LENSER into one heating device with a split flow structure supplying hot air to the tow nozzles, since it has been held making in one piece an article which has formerly been formed in multiple pieces involves only routine skill in the art {see MPEP 2144.04 (V)(B)}.
One would have been motivated to have integrated these two heating devices into one so that similar hot air temperature can be delivered to the material assembly. The Examiner also notes that as evidenced by GONZALEZ, split air nozzles in air heaters are known {[0039]}.
Combination of TOTANI and LENSER, however, is silent on one or more motors that are rotationally coupled to the upper and lower rollers (claim 1) and that the motors are stepped motors (claim 13).
In the same filed of endeavor that is related to plastic welding by pressure rollers, BERNSTEIN discloses one or more motors rotationally coupled to the upper roller and the lower roller respectively (claim 1), wherein the one or more motors include a first stepper motor and a second stepper motor (claim 13) {[0007], [0013], [0029]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of BERNSTEIN in the combination machine of TOTANO and LENSER and have connected two stepped motors to the pressure rollers of TOTANI. As disclosed by TOTANI, its pressure rollers 3 rotationally operate {[0052]}, and thus one would have been motivated to have incorporated the motors of BERNSTEIN to affect this rotation. Additionally, and as disclosed by BERNSTEIN, the advantage of these stepped motors are their cost effectiveness {[0013]}.
Regarding claim 5, TOTANI discloses wherein the heat device is configured to generate radiant heat {[abstract] note irradiation, note that hot air nozzle also irradiate heat due to temperature difference}.
Regarding claim 9, TOTANI discloses further comprising: an arm coupled to the heat device; and a swivel coupled to the arm and configured to pivot the arm {[0087], [FIG. 13A] note arm 85 and pivoting of heat device 5}.
Regarding claim 10, TOTANI discloses wherein the dual edge binder machine is configured to maneuver around a perimeter of the material assembly {[0053] note movement device 6 and that pressure rollers can move around material assembly}.
Claims 2-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of TOTANI, LENSER and BERNSTEIN as applied to claim 1 above, and further in view of AUSNIT (US 4,601,694), hereinafter AUSNIT.
Regarding claims 2 and 7, combination of TOTANI, LENSER, and BERNSTEIN discloses all the limitations of claim 1 as discussed above. This combination, however, is silent on detailed structure of a folder as recited in claims 2 and 7. The Examiner notes that TOTANI generally talks about guiding and folding by the guide body 43 {[0094]}, however, is silent on the detailed structure of this guide/fold body. Therefore, an artisan would have been motivated to look to prior art to determine an appropriate structure.
In the same filed of endeavor that is related to connecting past sheets by rollers, AUSNIT discloses further comprising a folder that includes at least one of a lip and a bridge that is configured to guide sidewall material that is included in the roll of sidewall material into the interface (claim 2), further comprising a folder assembly positioned adjacent to the upper roller and the lower roller, wherein the folder includes an angled extension that is configured to feed sidewall material included in the roll of sidewall material into the interface (claim 7) {[C5, L5-10], [FIG. 3] 23 is the folding/guiding assembly with lips that are extended outwardly with an angle and a U-shape bridge that connects the two flat horizontal lips}.
At the effective filing date of the instant invention, it would have been obvious to have incorporated the teaching of AUSNIT in the combination apparatus of TOTANI, LENSER, and BERNSTEIN and have constructed the generic guiding assembly of TOTANI according to the folder/guiding assembly of AUSNIT.
As disclosed by AUSNIT, this structure allows uninterrupted and continuous operation of the apparatus {[C2, L48-49], [C5, L5-10]}.
Regarding claims 3-4, LENSER discloses further comprising a heat shield positioned between the upper nozzle and the lower nozzle (claim 3), wherein the heat shield includes an anti-friction coating (claim 4) {[0086] note that an additional function of the heat shield is to smoothen the web, thus it has to have minimal friction that is achieved by application of anti-friction coating}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have included the smooth heat shield of LENSER in the combination machine of TOTANI, LENSER, and BERNSTEIN and have placed this heat shield between the hot air nozzles.
As disclosed by LENSER, this heat shield can block heat to the parts that are not supposed to be heated and thus avoid accidental burn through and holes, and prevent localized heating {[0086]}. Additionally, the anti-friction nature of heat shield assists in removing thermal distortion in the substrate {[0086]}.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of TOTANI, LENSER, and BERNSTEIN as applied to claim 1 above, and further in view of ENSERINK (US-2023/0211563), hereinafter ENSERINK.
Regarding claim 6, combination of TOTANI, LENSER, and BERNSTEIN discloses all the limitations of claim 1 as discussed above. This combination, however, is silent on the material assembly being a drop stitch fabric assembly.
The Examiner notes that as discussed above, the material assembly is not part of the claimed apparatus and does not limit this apparatus (see MPEP 2115). However, and in the interest of compact prosecution, and in the same filed of endeavor that is related to making plastic bodies, ENSERINK discloses wherein the material assembly is a drop stitch fabric assembly {[0008]-[0009]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of ENSERINK in the combination machine of TOTANI, LENSER, and BERNSTEIN and have used this machine to make a drop stitch fabric body. As disclosed by ENSERINK, the advantage of this body is that inflatable structures with flat appearance can be made {[0008]-[0009]}.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of TOTANI, LENSER, and BERNSTEIN as applied to claim 1 above, and further in view of CICCHITTI (US-2023/0077208), hereinafter CICCHITTI.
Regarding claim 8, combination of TOTANI , LENSER, and BERNSTEIN discloses all the limitations of claim 1 as discussed above. This combination, however, is silent on a non- destructive evaluation (NDE) system configured to evaluate the material assembly.
In the same field of endeavor that is related to bonding packages, CICCHITTI discloses further comprising a non- destructive evaluation (NDE) system configured to evaluate the material assembly {[abstract]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of CICCHITTI in the combination machine of TOTANI, LENSER, and BERNSTEIN and have used the NDE system of CICCHITTI to inspect the welded material assembly of combination of TOTANI, LENSER, and BERNSTEIN. As disclosed by CICCHITTI, the advantage of system is to improve consistency in the quality of bonding patterns {[0008]}.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of TOTANI, LENSER, and BERNSTEIN as applied to claim 1 above, and further in view of WARNOCK (US-2014/0374020), hereinafter WARNOCK.
Regarding claims 11-12, combination of TOTANI, LENSER, and BERNSTEIN discloses all the limitations of claim 1 as discussed above. This combination, however, is silent on an actuator configured to control the relative position between the upper roller and the lower roller (claim 11), and an upper drive plate pivotally coupled to a lower drive plate, wherein the actuator is coupled to the upper drive plate and the lower drive plate (claim 12).
In the same filed of endeavor that is related to welding by pressure rollers, WARNOCK discloses further comprising an actuator configured to control the relative position between the upper roller and the lower roller (claim 11), further comprising an upper drive plate pivotally coupled to a lower drive plate, wherein the actuator is coupled to the upper drive plate and the lower drive plate (claim 12) {[0050] note the actuator in cylinder 114 that moves the upper roller 106 up and down, [FIG. 9] note pivot point SAP that is connected to plate 112 that through plate 92 constitute the lower plate and 110 and 101 constitute the upper plate}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of WARNOCK in the combination machine of TOTANI, LENSER, and BERNSTEIN and have the actuator and plate assembly of WARNOCK in the combination machine of TOTANI, LENSER, and BERNSTEIN. As disclosed by WARNOCK, the advantage of this assembly is to create proper pressure between the upper weld roller and the lower weld roller {[0050]}.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over TOTANI, in view of BERNSTEIN, WARNOCK, and AUSNIT.
Regarding claim 19, TOTANI discloses A dual edge binder machine {[abstract] note that welding device is the binding machine, [FIG. 1B] note both edges of the two sheets 1 are bonded, thus dual edge} comprising:
a heat device configured to generate heat {[0048] note laser device and that it provides heat};
an upper roller and a lower roller {[0042] note pair of pressure rollers 3, [FIG. 1B] note one of 3 is the upper roller and the other one is the lower roller};
wherein the heat device is positioned adjacent to an interface formed between the upper roller and the lower roller and is configured to deliver heat to an upper side and a lower side of a fabric assembly {[FIG. 1B] note 5 is located adjacent to the interface of the two pressure rollers 3 and provide heat to the fabric assembly 1/2. Also, the Examiner notes that the fabric assembly is not part of the binding machine and material acted upon by apparatus does not limit the apparatus (see MPEP 2115), however, and in the interest of compact prosecution, the Examiner has mapped this limitation};
a sidewall spool configured to have a roll of sidewall material mounted thereto {[FIG. 1A] note two is the side wall material since it is attached to a side of 1, also note that sidewall material is not part of the apparatus and material acted upon by apparatus does not limit the apparatus (see MPEP 2115)}.
Regarding a spool for side wall material, TOTANI is explicitly silent on this limitation. HOWEVER, TOTANI discloses that the web material is supplied from a roll or a spool {[0045]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have modified the machine of TOTANI and have also provided a spool for the sidewall material of TOTANI, since TOTANI generally discloses how this types of materials are provided and it is well within the skill of an artisan to have used the same approach for the sidewall material in addition to the webs.
Modified TOTANI, however is silent on one or motors that are rotationally coupled to the upper and lower rollers.
In the same filed of endeavor that is related to plastic welding by pressure rollers, BERNSTEIN discloses one or more motors rotationally coupled to the upper roller and the lower roller respectively {[0007], [0013], [0029]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of BERNSTEIN in the machine of TOTANO and have connected motors to the pressure rollers of TOTANI. As disclosed by TOTANI, its pressure rollers 3 rotationally operate {[0052]}, and thus one would have been motivated to have incorporated the motors of BERNSTEIN to affect this rotation.
Combination of TOTANI and BERNSTEIN, however, is silent on an actuator configured to control the relative position between the upper roller and the lower roller, and an upper drive plate pivotally coupled to a lower drive plate, wherein the actuator is coupled to the upper drive plate and the lower drive plate.
In the same filed of endeavor that is related to welding by pressure rollers, WARNOCK discloses an upper drive plate pivotally coupled to a lower drive plate; and an actuator coupled to the upper drive plate and the lower drive plate and configured to adjust the relative position between the upper roller and the lower roller {[0050] note the actuator in cylinder 114 that moves the upper roller 106 up and down, [FIG. 9] note pivot point SAP that is connected to plate 112 that through plate 92 constitute the lower plate and 110 and 101 constitute the upper plate}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of WARNOCK in the combination machine of TOTANI and BERNSTEIN and have the actuator and plate assembly of WARNOCK in the combination machine of TOTANI and BERNSTEIN. As disclosed by WARNOCK, the advantage of this assembly is to create proper pressure between the upper weld roller and the lower weld roller {[0050]}.
Combination of TOTANI, BERNSTEIN, and WARNOCK, however, is silent on a folder including one or more of a lip, a bridge, and an angled extension that is configured to feed sidewall material included in the roll of sidewall material into the interface.
In the same filed of endeavor that is related to connecting past sheets by rollers, AUSNIT discloses a folder including one or more of a lip, a bridge, and an angled extension that is configured to feed sidewall material included in the roll of sidewall material into the interface {[C5, L5-10], [FIG. 3] 23 is the folding/guiding assembly with lips that are extended outwardly with an angle and a U-shape bridge that connects the two flat horizontal lips}.
At the effective filing date of the instant invention, it would have been obvious to have incorporated the teaching of AUSNIT in the combination apparatus of TOTANI, BERNSTEIN, and WARNOCK and have constructed the generic guiding assembly of TOTANI {[FIG. 1B] 43} according to the folder/guiding assembly of AUSNIT.
As disclosed by AUSNIT, this structure allows uninterrupted and continuous operation of the apparatus {[C2, L48-49], [C5, L5-10]}.
Regarding claim 20, BERNSTEIN discloses further comprising: an upper nozzle and a lower nozzle that receive heated air from the heat device {[0001], [0007], [0030]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have substituted the two heating devices 5 of TOTANI {[FIG. 1B]} with the hot air nozzle of BERNSTEIN (thus two hot air nozzles). It has been held that a simple substitution of one known element for another to obtain predictable results is well within the skill of one of ordinary skill in the art {see MPEP 2143 (I)(B)}. Predictable results are achieved because both TOTANI and BERNSTEIN use these heating devices to implement the weld between two plastic webs as described above.
Regarding the last limitation of claim 20, TOTANI discloses and a folder assembly positioned adjacent to the upper roller and the lower roller {[0094] note the guide mechanism that does the function of folding, thus folder assembly}.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to S. BEHROOZ GHORISHI whose telephone number is (571)272-1373. The examiner can normally be reached Mon-(alt Fri) 7:30-5:00.
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, Abbas Rashid can be reached at 571-270-7457. 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.
/S. BEHROOZ GHORISHI/Primary Examiner, Art Unit 1748
Prosecution Insights