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 .
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. 5,647,259 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 substantially 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, 224) 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); and
wherein the first tensioning and release device (224A) and the second tensioning and release device (244) are (capable of being) configured to carry out symmetrical movements (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-46, Col. 4, lines 11-21, 48-58).
The Examiner notes, Biagiotti teaches the two straps (222) must be moved to change the diameter of the flexible members (212,214). Rotation of the shafts (242,250) simultaneously varies the angles of the rods (228A,228B), as well as the position of the cradles (218), straps (222), flexible members (212,214), and the first and second tensioning and release devices (224) which aid to tension the flexible members due to variation in the diameter.
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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 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 substantially 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; and
wherein the first tensioning and release device (224A) and the second tensioning and release device (244) are (capable of being) configured to carry out symmetrical movements (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-46, Col. 4, lines 11-21, 48-58).
The Examiner notes, Biagiotti teaches the two straps (222) must be moved to change the diameter of the flexible members (212,214). Rotation of the shafts (242,250) simultaneously varies the angles of the rods (228A,228B), as well as the position of the cradles (218), straps (222), flexible members (212,214), and the first and second tensioning and release devices (224) which aid to tension the flexible members due to variation in the diameter. Based on the teachings of Biagiotti, it has been interpreted, the first and second tensioning release devices are (capable of being) configured to carry out symmetrical movement.
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 tensioning and release device (224A) and the second tensioning and release device (244) are (capable of being) configured to carry out symmetrical movements (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-46, Col. 4, lines 11-21, 48-58),
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 configured to carry out symmetrical movement;
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); and
wherein the first tensioning and release device (224A) and the second tensioning and release device (244) are (capable of being) carried out by the first tensioning and release device and the second tensioning and release device act symmetrically (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-46, Col. 4, lines 11-21, 48-58).
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. Biagiotti teaches the two straps (222) must be moves to change the diameter of the flexible members (212,214). Rotation of the shafts (242,250) simultaneously varies the angles of the rods (228A,228B), as well as the position of the cradles (218), straps (222), flexible members (212,214), and the first and second tensioning and release devices (224) which aid to tension the flexible members due to variation in the diameter. Based on the teachings of Biagiotti, it has been interpreted, the first and second tensioning release devices are (capable of being) configured to carry out symmetrical movement (Col. 2, lines 58-67, Col. 3, lines 1-2, 34-46, Col. 4, lines 11-21, 48-58).
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.
Response to Arguments
The drawing and claim objections in the Office Action mailed February 11, 226 have been obviated by the amendments filed April 30, 2026.
Applicant's arguments filed April 30, 2026 have been fully considered but they are not persuasive. Applicant argue the flexible members does not comprise a first and second end and that the elements 212, and 214 are separate flexible strips. Applicant further argues the strips are not attached to a piston actuator or pulley and that strip 222 is attached at the retention holder 22a and fed around pulley 224.
Biagiotti teaches in Col. 2, lines 39-40 that 212,214 are flexible strips. As admitted by Applicant, the flexible strips 212,214 has a first end and a second end. There is no claim language precluding the flexible member to comprise more than one strip, to form the “flexible member.” The actuating members have to be capable of clamping and releasing the flexible members, which is taught by Biagiotti. Specifically, Biagiotti teaches the two straps (222) must be moved to change the diameter of the flexible members (212,214). Rotation of the shafts (242,250) simultaneously varies the angles of the rods (228A,228B), as well as the position of the cradles (218), straps (222), flexible members (212,214). Biagiotti teaches the rods, cradles, straps, and flexible member are a system which operates simultaneously.
Applicant argues Biagiotti does not teach the first and second tensioning and release device are adapted to engage the first end and the second end of the flexible member, and to increase and reduce a radius of the arc of circumference by lengthening and shortening of a portion of the flexible member, which extends between the first tensioning and release device and the second tensioning and release device and forms the arc of circumference. Applicant argues the strip 222 is guided in a cradle 218 formed by two blocks and the arc formed thereby around the log does not change. Applicant argues the diameter of the pair of strips changes.
Per the claimed subject matter, the first and second tensioning and release device are adapted to engage the first end and the second end of the flexible member, which they are. The phrase “first and second tensioning and release device are adapted to engage the first end and the second end of the flexible member” does not invoke 112, 6th paragraph, since the “tensioning and release device” imparts structure. Therefore, the tensioning and release device of Biagiotti have to be capable of being adapted to engage the first end and the second end of the flexible member, in which they are. Biagiotti teaches the rods, cradles, straps, and flexible member are a system which operates simultaneously. The straps (222) must move in order to change the diameter of the flexible straps to accommodate various diameter logs. The diameter adjustment is done simultaneously with movement of the tensioning and release devices.
Applicant argues Biagiotti does not teach the first and second tensioning release devices are configured to carry out symmetrical movement.
Biagiotti teaches the two straps (222) must be moved to change the diameter of the flexible members (212,214). Rotation of the shafts (242,250) simultaneously varies the angles of the rods (228A,228B), as well as the position of the cradles (218), straps (222), flexible members (212,214), and the first and second tensioning and release devices (224) which aid to tension the flexible members due to variation in the diameter. Based on the teachings of Biagiotti, it has been interpreted, the first and second tensioning release devices are (capable of being) configured to carry out symmetrical movement.
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 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
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