Detailed Office Action
The communication dated 11/4/2025 has been entered and fully considered. Claims 14-18 are withdrawn from examination.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 .
Election/Restrictions
Applicant's election with traverse of Invention I (claims 1-13 and 19-20) in the reply filed on 11/4/2025 is acknowledged. The traversal is on the ground(s) that the Examiner has failed to describe a sufficiently different process for the apparatus of Invention I; the Examiner has not shown a different apparatus for practicing the method of Invention II; and there is overlap in classification and features between the two inventions and thus search burden does not apply.
This is not found persuasive because first, the Examiner showed that the apparatus of Invention I can be used to practice a method where the welding steps are performed sequentially (not simultaneously) and that is a materially different process. Second, the Examiner only needs to show either the apparatus can be used to practice a different method or the method can be practiced with a different apparatus and not both. Third, the Examiner showed different and distinct features and classifications between the inventions that result in the search burden. Overlapping classifications and features always exists since every invention has a classification picture (a number of classifications) and numerous features. The distinct features will result in search burden and not the shared ones.
The requirement is still deemed proper and is therefore made FINAL. Claims 14-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim.
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.
Claim 13 is 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 13 recites the limitation "the first and second motors" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 1-2, 5, 7, 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 BERNSTEIN (DE-102007036872-A1 and its English translation), hereinafter BERNSTEIN. 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 {[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 delivers heat to an upper side and a lower side of a material assembly {[FIG. 1B] note heat device 5 is located adjacent to the interface of the two pressure rollers 3 and provide heat 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 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 first and second motors are stepper motors (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 machine of TOTANO 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 2, BERNSTEIN discloses wherein the heat device is configured to deliver heated air to an upper nozzle and a lower nozzle, wherein the upper nozzle and the lower nozzle are positioned adjacent to the interface {[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 claim 5, TOTANI discloses wherein the heat device is configured to generate radiant heat {[abstract] note irradiation}.
Regarding claim 7, TOTANI discloses , further comprising 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}.
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of TOTANI and BERNSTEIN as applied to claims 1-2 above, and further in view of LENSER (US-2023/0405943), hereinafter LENSER.
Regarding claim 3-4, combination of TOTANI and BERNSTEIN discloses all the limitations of claims 1-2 as discussed above. This combination, however, is silent on a heat shield between the nozzles (claim 3) and that this heat shield has an anti-friction coating (claim 4).
In the same field of endeavor that is related to plastic shaping, 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 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 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 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 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 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 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 and BERNSTEIN and have used the NDE system of CICCHITTI to inspect the welded material assembly of combination of TOTANI 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 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 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 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]}.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over TOTANI, in view of BERNSTEIN, and WARNOCK.
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]}.
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
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.
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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.
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/S. BEHROOZ GHORISHI/Primary Examiner, Art Unit 1748