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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “89” has been used to designate both connecting rod and anchoring point. 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. 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 45 is objected to because of the following informalities: Regarding claim 45, the phrase should recite ”wherein the releasing of the flexible member by increasing the diameter of the arc of circumference formed by the flexible member further comprises moving an anchoring point of a control mechanism constrained to the flexible member away from the supporting and sliding surface of the logs; and
wherein the reducing of the diameter of the arc of circumference defined by the flexible member comprises moving the anchoring point of the control mechanism constrained to the flexible member toward the supporting and sliding surface.” Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a control mechanism which is constrained in claim 27.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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 23-39 and 42-45 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. Regarding claim 23 (lines 4-5) and claim 40 (lines 11-12), the phrase “a flexible member extending approximately according to an arc” is indefinite. The term “approximately” is ambiguous; therefore, it is unclear if the flexible member extends in an arc or a different shape.
Claims 24-39 are dependent from claim 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent from a rejected parent claim.
Regarding claim 42, the phrase “advancing the log to be cut by one step” is indefinite. What step is defined by “one step?” Does this refer to a preceding step or does this step refer to a measurable increment?
Claims 43-45 are dependent from claim 42 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent from a rejected parent claim.
Claim Rejections - 35 USC § 102
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 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 23, 24, 26, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 5647,259 to Biagiotti.
In re claim 23, Biagiotti teaches a clamping device for clamping logs of web material during cutting in a log saw, the clamping device comprising:
a flexible member (212,214) (capable of) extending approximately according to an arc (as shown in at least Figure 1) of circumference open at a bottom at a supporting and sliding surface (207,209,218, Col. 2, lines 51-57) of the logs to be cut;
wherein the flexible member (212, 124) comprises a first end (attached to 224), a second end (extending around 244), an inner surface (see Annotated Figure 1, below) defining an intrados of the arc of circumference, and an outer surface (see Annotated Figure 1) defining an extrados of the arc of circumference;
actuator members (224, Col. 3, lines 47-56) for clamping and releasing the flexible member around the logs to be cut, which (the logs are capable of advancing) advance along a feed path through the arc of circumference defined by the flexible member;
wherein the actuator members (224, Col. 3, lines 47-56) comprise a first tensioning and release device (224A) of the flexible member and a second tensioning and release device of the flexible member (244);
wherein the first tensioning and release device (224A) and the second tensioning and release device (244) are adapted to engage the first end and the second end of the flexible member, respectively, and to increase and reduce a radius of the arc of circumference by lengthening and shortening of a portion of the flexible member (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-56), which extends between the first tensioning and release device and the second tensioning and release device and forms the arc of circumference (as shown in at least Figure 1).
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In re claim 24, wherein the flexible member is arranged wherein the arc of circumference extends for more than 180° (as shown in at least Figures 1 and 2 and Annotated Figure 1, above) forming a lower supporting surface for the logs to be cut.
In re claim 26, wherein the first tensioning and release device (224A) and the second tensioning and release device (244) are configured to carry out symmetrical movements (Col. 4, lines 45-58).
In re claim 39, wherein the actuator members (224, Col. 3, lines 47-56) comprise at least one actuator (Col. 3, lines 47-56) associated with at least one of the first tensioning and release device and the second tensioning and release device to tension the flexible member.
Claim 40-41 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Biagiotti ‘259 in view of US Patent No. 5,357,833 to Biagiotti (hereinafter Biagiotti ‘833).
In re claim 40, Biagiotti teaches a log saw for cutting logs of web material; wherein the log saw comprises:
a feed path (Col. 2, lines 35-37, the logs a fed via the pushes along a path which extends in and out of the paper in Figure 1) of logs to be cut;
an advancing member (203), for advancing the logs along the feed path;
a blade (Col. 4, lines 11-14; is capable of being provided) provided with a cyclic movement along a cutting trajectory transverse with respect to the feed path, to cut each log into rolls of an axial dimension smaller than an axial dimension of the logs;
at least a first clamping device comprising:
a flexible member (212,214) extending approximately according to an arc of circumference open at a bottom at a supporting and sliding surface (207,209,218, Col. 2, lines 51-57) of the logs to be cut;
wherein the flexible member (212) comprises a first end (attached to 224A), a second end (extending around 244), an inner surface (see Annotated Figure 1, on Pg 7, above) defining an intrados of the arc of circumference, and an outer surface (see Annotated Figure 1, on Pg 7, above) defining an extrados of the arc of circumference;
actuator members (224, Col. 3, lines 47-56) for clamping and releasing the flexible member around the logs to be cut, which advance along the feed path through the arc of circumference defined by the flexible member;
wherein the actuator members (224, Col. 3, lines 47-56) comprise a first tensioning and release device (224A) of the flexible member and a second tensioning and release device (244) of the flexible member;
wherein the first tensioning and release device and the second tensioning and release device are adapted to engage the first end and the second end of the flexible member, respectively, and to increase and reduce a radius of the arc of circumference by lengthening and shortening of a portion of the flexible member (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-56), which extends between the first tensioning and release device and the second tensioning and release device and forms the arc of circumference.3
Biagiotti ‘259 teaches a blade is capable of being provided with a cyclic movement; however, in the event one may argue, Biagiotti ‘833 teaches a blade provided with cyclic movement (Col. 2, lines 50-54). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Biagiotti ‘259 with a blade provided with cyclic movement as taught by Biagiotti ‘833 to maintain high cutting speeds, efficiency, and (cutting) accuracy.
In re claim 41, further comprising a second clamping device (Col. 4, lines 11-21) comprising:
a second flexible member (212,214) extending approximately according to an arc of circumference open at the bottom at a supporting and sliding surface of the logs to be cut;
wherein the second flexible member (212,214) comprises a first end (attached to 224A), a second end (extending around 244), an inner surface (see Annotated Figure 1, on Pg 7, above) defining an intrados of the arc of circumference, and an outer surface (see Annotated Figure 1, on Pg 7, above) defining an extrados of the arc of circumference;
second actuator members (224, Col. 3, lines 47-56) for clamping and releasing the second flexible member around the logs to be cut, which advance along the feed path through the arc of circumference defined by the second flexible member;
wherein the second actuator members comprise a first tensioning and release device (224A) of the second flexible member and a second tensioning and release device (244) of the second flexible member;
wherein the first tensioning and release device (224A) of the second flexible member and the second tensioning and release device (244) of the second flexible member are adapted to engage the first end and the second end of the second flexible member, respectively, and to increase and reduce the radius of the arc of circumference by lengthening and shortening of a portion of the second flexible member, which extends between the first tensioning and release device of the second flexible member and the second tensioning and release device of the second flexible member and forms the arc of circumference;
wherein the first clamping device (as shown in at least Figure 3) and the second clamping device (as shown in at least Figure 3) are arranged, respectively, upstream and downstream of the cutting trajectory with respect to a direction of advance of the logs along the feed path.
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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Biagiotti in view of US Patent Application Publication No. 20180162006 to Kettula et al.
In re claim 28, Biagiotti teaches, wherein at least in proximity of the first end (end connected via 224A) and of the second end the flexible member (end extending around 244), but does not teach the first and second ends of the flexible members comprises a toothing on an outer surface thereof.
Kettula provides a teaching in the background in the art of saws, of a device having a pulley and belt system with teeth to prevent slippage.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the first and second ends of the flexible members of Biagiotti with toothing on the outer surface to properly interface with the second tensioning and release device as taught by Kettula to prevent slipping and to provide high energy efficiency and reduce wear. One having ordinary skill in the art would recognize from the teachings of Biagiotti that the pulley and belt arrangement would have to maintain having a low coefficient of friction (Col. 2, lines 43-45).
Claims 42-44 are rejected under 35 U.S.C. 103 as being unpatentable over Biagiotti ‘259 in view of US Patent Application Publication No. 20160368158 to Hsu.
In re claim 42, as best understood, Biagiotti ‘259 teaches a method for cutting logs of web material with a log saw according to claim 40;
wherein the method comprises steps as follows:
(a) advancing a log (B) to be cut along the feed path and positioning the log with respect to the cutting trajectory;
(b) clamping (via 212,214) the log to be cut by tensioning the flexible member by at least one of said first tensioning and release device (224A) and the second tensioning and release device (244);
(c) cutting the log by the cutting blade (Col. 4, lines 11-15);
(d) releasing the flexible member around the log by releasing at least one of said first tensioning and release device and the second tensioning and release device (Col. 4, lines 45-58),
(e) advancing the log to be cut by one step and repositioning the log to be cut with respect to the cutting trajectory (Col. 4, lines 45-58);
(f) repeating steps (a) to (e).
Note, it has been interpreted, Col. 4, lines 45-58 sets forth advancing a log to be cut. After cutting, a subsequent roll is advanced (or a log is repositioned to be cut) and if the diameter remains the same, the log is cut, if the diameter changes, the flexible members are adjusted to accommodate the new diameter.
In re claim 43, wherein the clamping the log to be cut and the releasing the flexible member are carried out by the first tensioning and release device (224A) and the second tensioning and release device (244) acting symmetrically (Col. 4, lines 45-58).
In re claim 44, further comprising, at the end of the cutting of the log, releasing the flexible member by the first tensioning and release device and the second tensioning and release device, increasing diameter of the arc of circumference formed by the flexible member with respect to a diameter of the logs to be cut;
inserting a new log to be cut into the arc of circumference defined by the flexible member; reducing the diameter of the arc of circumference defined by the flexible member (Col. 4, lines 45-58).
Regarding claim 42, Biagiotti ‘259 teaches advancing a log into an initial position, in which the log is clamped and cut. After the log is cut, it is removed in order to prepare for the next log. While Biagiotti teaches the log is removed, the details to the removal have not been set forth.
Hsu teaches after cutting, the clamping modules release the log (201) and the push plates (245) push the log to move forward, and clamping and cutting are performed once again.
Per Merriam Webster Dictionary, the plain and ordinary meaning of the term push is defined as “the thrust forward or outward” and the plain and ordinary meaning of the term eject is defined as “to throw out.” Based on the plain and ordinary meanings to terms are synonymous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to utilize the pushers of Biagiotti ‘259 to eject the log (after cutting) as taught by Hsu to move the log away from the blade after cutting for subsequent processing.
Allowable Subject Matter
Claims 25, 27, 29-38, and 45 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Biagiotti ‘259 and Hsu teach a clamping device having flexible members arranged in an arc and extending over 180 degrees with respect to the roll. Biagiotti ‘259 and Hsu do not teach the flexible members extend over 300 degrees forming a lower support surface for the logs to be cut. One having ordinary skill in the art would not have been prompted to try various circumferences of the flexible members with respect to the roll as this would have relied on hindsight reasoning.
Moss (US Patent No. 6,532,851) teaches a control mechanism which functions as a guide and works alongside guides 67,66 via a single adjustment mechanism for raising or lowering the upper frame. One having ordinary skill in the art would not have been prompted from the teachings of Moss to modify Biagiotti ‘259 to have side and upper guides, as this would interfere with the flexible members. Further, Moss does not teach the structure as required by the112, sixth paragraph.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2001113494 teaches a log cutter with a clamping device having upper and lower supports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/
Primary Examiner, Art Unit 3724