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 .
Response to Arguments
Applicant's arguments filed 01/15/2026 have been fully considered but they are not persuasive.
Regarding Claim 1, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Applicant makes reference to paragraph 0093 of the disclosure of the current application to attempt to show how the particular ranges claimed produce a new and unexpected result, but there is no new or unexpected result listed. Paragraph 0093 states how hot pressing under the particular ranges allows the upper and intermediate layer to join, the intermediate layer vulcanizes and permeates and incorporates at least part of the mesh net, and the gripping layer of the lower layer vulcanizes by gripping and joining with the intermediate layer, however there is no explanation as to how the resulted vulcanization is new or unexpected in comparison to known similar vulcanization processes. As disclosed in paragraphs 16 and 25 of Okamura, while specific ranges and values are not disclosed, a belt is shown being made from similar steps, with a similar end result. Examiner would like to make reference to the following United States Patents and Applications: US6924652 B2 (Jang); US 4868769 A (Persson); US 3696062 A (Lesage); US 20160082681 A1 (Takizawa). These newly cited references are just a few examples of how finding optimized values for pressure, temperature, and time for vulcanization is known and obvious in the art.
The evidence relied upon should establish "that the differences in results are in fact unexpected and unobvious and of both statistical and practical significance." Ex parte Gelles, 22 USPQ2d 1318, 1319 (Bd. Pat. App. & Inter. 1992). Evidence of unexpected properties may be in the form of a direct or indirect comparison of the claimed invention with the closest prior art which is commensurate in scope with the claims. See In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) and MPEP § 716.02(d) - § 716.02(e). See In re Blondel, 499 F.2d 1311, 1317, 182 USPQ 294, 298 (CCPA 1974) and In re Fouche, 439 F.2d 1237, 1241-42, 169 USPQ 429, 433 (CCPA 1971) for examples of cases where indirect comparative testing was found sufficient to rebut a prima facie case of obviousness.
The patentability of an intermediate may be established by unexpected properties of an end product "when one of ordinary skill in the art would reasonably ascribe to a claimed intermediate the ‘contributing cause’ for such an unexpectedly superior activity or property." In re Magerlein, 602 F.2d 366, 373, 202 USPQ 473, 479 (CCPA 1979). "In order to establish that the claimed intermediate is a ‘contributing cause’ of the unexpectedly superior activity or property of an end product, an applicant must identify the cause of the unexpectedly superior activity or property (compared to the prior art) in the end product and establish a nexus for that cause between the intermediate and the end product." Id. at 479.
The Applicant further argues that the specifically defined duration range in amended Claim 1 is not merely a “workable range”, but is a critical range that provides new and unexpected result which is different in kind and not merely in degree from the results of the prior art. However, the Examiner does not find there is a clearly new and unexpected result disclosed as a result of these ranges, and there is merely a commonly known and expected result disclosed in paragraph 0093. The nonobviousness of a broader claimed range can be supported by evidence based on unexpected results from testing a narrower range if one of ordinary skill in the art would be able to determine a trend in the exemplified data which would allow the artisan to reasonably extend the probative value thereof. In re Kollman, 595 F.2d 48, 201 USPQ 193 (CCPA 1979). To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).
Regarding Claims 2-10, 12 and 14-16, Applicant does not provide any arguments based upon the claims respective rejections other than to state these claim rejections should be traversed under Claim 1.
For the foregoing reasons, the claims stand rejected.
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.
Claims 1-10, 12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Okamura (Japanese Patent Application JP2017100848A).
Regarding Claim 1, Okamura discloses A method for producing a conveyer belt, said conveyor belt comprising at least a first layer configured to support one or more objects,(Figure 1: Endless flat belt 15)a second layer adhering to said first layer , (Figure 1: Layer 3 and layer 18) a mesh net disposed or embedded, at least partly, inside said second layer ,(Figure 1: Cord core wire 11) and a third layer adhering to said second layer on an opposite side with respect to said first layer and comprising at least one reinforcing material.(Figure 1: Reinforcing fabric 2) said method comprising: - a first step in which said third layer is disposed on a supporting plane a second step in which said second layer is disposed on said third layer(Paragraph 0019: "<Step (I)> As shown in FIG. 5(a), a rubber sheet is attached to the surface of the strip-shaped reinforcing fabric 2, or liquid rubber is applied and dried, and then the fabric is cut to a predetermined length. The rubber sheet may be attached using an adhesive or by adhesion under heat and pressure. The thickness of the rubber sheet to be used or the amount of liquid rubber to be applied is adjusted depending on the thickness of the inner rubber layer 1 to be formed."); a third step in which said mesh net is coupled to at least said second layer(Paragraph 0023: "<Step (IV)> As shown in Figure 9, the endless reinforcing fabric 2 is wound around a cord winding device 7 consisting of at least two shafts, a drive pulley 7a and a driven pulley 7b, and while applying an appropriate tension, a cord core wire 11, the tension of which is controlled by a cord tension control device 6, is wound spirally at a predetermined pitch in the width direction of the reinforcing fabric 2 (winding process). As a result, the cord core wire 11 is wound around the reinforcing fabric 2, and a laminate 20 consisting of the reinforcing fabric 2 and the core layer 18 (the inner rubber layer 1 and the cord core wire 11) is obtained. This laminate 20 may have reinforcing fabrics 2 provided on both sides of the traction layer 18 ")a fourth step in which said first layer is disposed above said second layer and/or said mesh net a fifth step in which at least said first layer, said second layer, said mesh net and said third layer are hot pressed against each other.(Paragraph 0025: "<Step (V)> Sheet-like rubber materials for forming the surface rubber layers 3 are superposed on both sides of the laminate 20 and heated and pressurized to simultaneously vulcanize and mold the inner rubber layer 1 and the surface rubber layer 3 . The lamination of the rubber material and the vulcanization molding may be carried out continuously. Thus, the endless flat belt 15 shown in FIG. 1 is obtained. Furthermore, when a sheet-like rubber material for forming the surface rubber layer 3 is laid on only one side of the laminate 20 and heated and pressed, an endless flat belt 16 shown in FIG. 2 is obtained.")
Okamura discloses the claimed invention except for that wherein in said fifth step a pressure is applied comprised between about 6 kg/cm2 and about 12 kg/cm2, said layers are heated to a temperature comprised between about 130°C and about 170°C for a time comprised between about 5 seconds and about 30 minutes. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the hot pressing step include a pressure applied between about 6 kg/cm2 and about 12 kg/cm2, said layers are heated to a temperature comprised between about 130°C and about 170°C for a time comprised between about 5 seconds and about 30 minutes , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 2, Okamura discloses the method of claim 1, as seen above. Okamura further discloses wherein said reinforcing material comprises, or consists of, a fabric(Figure 1: Reinforcing fabric 2)
Regarding Claim 3, Okamura discloses the method of claim 1, as seen above. Okamura further discloses wherein said reinforcing material is disposed or embedded, at least partly, in a gripping material comprising, or consisting of, a rubber, either natural or synthetic, selected from a group that comprises natural and synthetic elastomers and NBR, SBR, EPDM/EPM, NR, CR, FKM, IIR, XIR, CSM, XNBR, HNBR rubber, silicone rubber, polyurethane and PVC.(Paragraph 0014: "In this way, the reinforcing fabric 2 has stretchability in the circumferential direction of the belt, and also maintains rigidity in the width direction of the belt against twisting, making it possible to equalize the winding pressure. In order to impart stretchability, which is expressed by the tensile modulus, to the reinforcing fabric 2 in the circumferential direction of the belt, for example, textured yarn is used in the circumferential direction of the belt. Textured yarn generally refers to yarn that has been given fine crimps to filament yarn, and the crimps have been fixed by heat treatment, giving the yarn elasticity and bulk. As the material, fiber threads such as polyethylene terephthalate (PET), polybutylene terephthalate (PBT), polyamide, etc. can be used. Other stretchable yarn materials that can be used include covered yarns such as urethane elastic yarn, polyether ester highly elastic yarn, polybutylene terephthalate (PBT), polytrimethylene terephthalate (PTT), and the like. The material of the reinforcing fabric 2 that imparts the above-mentioned tensile modulus in the belt width direction is, for example, at least one material selected from the group consisting of polyamide fiber, aramid fiber, polyester fiber, glass fiber, cotton yarn, vinyl on fiber, and polyketone fiber. The filament yarns of these fibers are used in a state where they are not crimped or are slightly crimped.")
Regarding Claim 4, Okamura discloses the method of claim 2, as seen above. Okamura further discloses wherein said fabric comprises a plurality of first yarns and a plurality of second yarns intertwined with said first yarns and wherein said first yarns are more rigid than said second yarns(Paragraph 0027: "Polyamide 66 long fiber was used as the reinforcing fabric material, and canvas woven with a thread density of 71 threads/25 mm of 220 dtex textured yarn in the belt circumferential direction and 108 threads/25 mm of 235 dtex yarn in the belt width direction was used as the reinforcing fabric.")
Regarding Claim 5, Okamura discloses the method of claim 4, as seen above. Okamura further discloses wherein said first yarns are disposed along a width (W) of said conveyor belt wherein said second yarns are disposed along a length of said conveyor belt, and wherein said length is perpendicular to said width (VW).(Paragraph 0027: "Polyamide 66 long fiber was used as the reinforcing fabric material, and canvas woven with a thread density of 71 threads/25 mm of 220 dtex textured yarn in the belt circumferential direction and 108 threads/25 mm of 235 dtex yarn in the belt width direction was used as the reinforcing fabric.")
Regarding Claim 6, Okamura discloses the method of claim 4, as seen above. Okamura further discloses wherein said fabric is formed by yarns of natural fibres or synthetic fibres or artificial fibres or combination thereof.(Paragraph 0014: "In this way, the reinforcing fabric 2 has stretchability in the circumferential direction of the belt, and also maintains rigidity in the width direction of the belt against twisting, making it possible to equalize the winding pressure. In order to impart stretchability, which is expressed by the tensile modulus, to the reinforcing fabric 2 in the circumferential direction of the belt, for example, textured yarn is used in the circumferential direction of the belt. Textured yarn generally refers to yarn that has been given fine crimps to filament yarn, and the crimps have been fixed by heat treatment, giving the yarn elasticity and bulk. As the material, fiber threads such as polyethylene terephthalate (PET), polybutylene terephthalate (PBT), polyamide, etc. can be used. Other stretchable yarn materials that can be used include covered yarns such as urethane elastic yarn, polyether ester highly elastic yarn, polybutylene terephthalate (PBT), polytrimethylene terephthalate (PTT), and the like. The material of the reinforcing fabric 2 that imparts the above-mentioned tensile modulus in the belt width direction is, for example, at least one material selected from the group consisting of polyamide fiber, aramid fiber, polyester fiber, glass fiber, cotton yarn, vinyl on fiber, and polyketone fiber. The filament yarns of these fibers are used in a state where they are not crimped or are slightly crimped.")
Regarding Claim 7, Okamura teaches the method of claim 6, as seen above. Okamura further discloses wherein said natural fibres are cotton fibres.(Paragraph 0014: "In this way, the reinforcing fabric 2 has stretchability in the circumferential direction of the belt, and also maintains rigidity in the width direction of the belt against twisting, making it possible to equalize the winding pressure. In order to impart stretchability, which is expressed by the tensile modulus, to the reinforcing fabric 2 in the circumferential direction of the belt, for example, textured yarn is used in the circumferential direction of the belt. Textured yarn generally refers to yarn that has been given fine crimps to filament yarn, and the crimps have been fixed by heat treatment, giving the yarn elasticity and bulk. As the material, fiber threads such as polyethylene terephthalate (PET), polybutylene terephthalate (PBT), polyamide, etc. can be used. Other stretchable yarn materials that can be used include covered yarns such as urethane elastic yarn, polyether ester highly elastic yarn, polybutylene terephthalate (PBT), polytrimethylene terephthalate (PTT), and the like. The material of the reinforcing fabric 2 that imparts the above-mentioned tensile modulus in the belt width direction is, for example, at least one material selected from the group consisting of polyamide fiber, aramid fiber, polyester fiber, glass fiber, cotton yarn, vinyl on fiber, and polyketone fiber. The filament yarns of these fibers are used in a state where they are not crimped or are slightly crimped.")
Regarding Claim 8, Okamura discloses the method of claim 6, as seen above. Okamura further discloses wherein said synthetic fibres are polyester and/or nylon fibres(Paragraph 0014: "In this way, the reinforcing fabric 2 has stretchability in the circumferential direction of the belt, and also maintains rigidity in the width direction of the belt against twisting, making it possible to equalize the winding pressure. In order to impart stretchability, which is expressed by the tensile modulus, to the reinforcing fabric 2 in the circumferential direction of the belt, for example, textured yarn is used in the circumferential direction of the belt. Textured yarn generally refers to yarn that has been given fine crimps to filament yarn, and the crimps have been fixed by heat treatment, giving the yarn elasticity and bulk. As the material, fiber threads such as polyethylene terephthalate (PET), polybutylene terephthalate (PBT), polyamide, etc. can be used. Other stretchable yarn materials that can be used include covered yarns such as urethane elastic yarn, polyether ester highly elastic yarn, polybutylene terephthalate (PBT), polytrimethylene terephthalate (PTT), and the like. The material of the reinforcing fabric 2 that imparts the above-mentioned tensile modulus in the belt width direction is, for example, at least one material selected from the group consisting of polyamide fiber, aramid fiber, polyester fiber, glass fiber, cotton yarn, vinyl on fiber, and polyketone fiber. The filament yarns of these fibers are used in a state where they are not crimped or are slightly crimped.")
Regarding Claim 9, Okamura discloses the method of claim 4, as seen above. Okamura further discloses wherein said first yarns are made of polyester and/or nylon and have a first diameter (D1) comprised between about 0.05 mm and about 1.2 mm and wherein said second yarns are made of polyester and/or nylon and have a second diameter (D2) comprised between about 0.05 mm and about 1.2 mm.(Paragraph 0027: " Polyamide 66 long fiber was used as the reinforcing fabric material, and canvas woven with a thread density of 71 threads/25 mm of 220 dtex textured yarn in the belt circumferential direction and 108 threads/25 mm of 235 dtex yarn in the belt width direction was used as the reinforcing fabric.")
Regarding Claim 10, Okamura discloses the method claim 1, as seen above. Okamura further discloses wherein said conveyer belt further comprises a fourth layer adhering to said third layer on an opposite side with respect to said second layer and configured to contact means for advancing said conveyor belt which are present in a motorized conveyor(Paragraph 0015: "The surface rubber layer 3 is preferably suitable for frictional power transmission on the surface of the endless flat belt 15, and has a stable transmission capacity between the belt and the conveyed object or power transmission device. Examples of materials for such surface rubber layer 3 include nitrile rubber, carboxylated nitrile rubber, hydrogenated nitrile rubber, chloroprene rubber, chlorosulfonated polyethylene, polybutadiene rubber, natural rubber, EPM, EPDM, urethane rubber, acrylic rubber, and silicone rubber.")
Regarding Claim 12, Okamura discloses the method of claim 1, as seen above. Okamura further discloses further comprising an impregnation step, preceding said first step, in which said reinforcing material is impregnated with a gripping material comprising, or consisting of, a rubber, either natural or synthetic selected from a group that comprises natural and synthetic elastomers and NBR, SBR, EPDM/EPM, NR, CR, FKM, IIR, XIR, CSM, XNBR, HNBR rubber, silicone rubber, polyurethane and PVC.(Paragraph 0014: "In this way, the reinforcing fabric 2 has stretchability in the circumferential direction of the belt, and also maintains rigidity in the width direction of the belt against twisting, making it possible to equalize the winding pressure. In order to impart stretchability, which is expressed by the tensile modulus, to the reinforcing fabric 2 in the circumferential direction of the belt, for example, textured yarn is used in the circumferential direction of the belt. Textured yarn generally refers to yarn that has been given fine crimps to filament yarn, and the crimps have been fixed by heat treatment, giving the yarn elasticity and bulk. As the material, fiber threads such as polyethylene terephthalate (PET), polybutylene terephthalate (PBT), polyamide, etc. can be used. Other stretchable yarn materials that can be used include covered yarns such as urethane elastic yarn, polyether ester highly elastic yarn, polybutylene terephthalate (PBT), polytrimethylene terephthalate (PTT), and the like. The material of the reinforcing fabric 2 that imparts the above-mentioned tensile modulus in the belt width direction is, for example, at least one material selected from the group consisting of polyamide fiber, aramid fiber, polyester fiber, glass fiber, cotton yarn, vinyl on fiber, and polyketone fiber. The filament yarns of these fibers are used in a state where they are not crimped or are slightly crimped.")
Regarding Claim 14, Okamura discloses the method of claim 1, as seen above. Okamura further discloses further comprising a disposing step, following said fifth step, in which said conveyor belt is disposed endlessly around at least two rollers of a motorized conveyor(Figure 10: Conveyor belt 23 around pulleys 22)
Regarding Claim 15, Okamura discloses the method of claim 14, as seen above. Okamura further discloses wherein said conveyor belt is disposed in a loop around said at least two rollers(Figure 10: Conveyor belt 23 around pulleys 22)
Regarding Claim 16, Okamura discloses the method of claim 14, as seen above. Okamura further discloses wherein said conveyor belt is disposed in a planar manner, without longitudinal twists, around said at least two rollers(Figure 9: Shows how conveyor belt is made into endless belt able to be disposed in a planar manner about pulleys).
Conclusion
THIS ACTION IS MADE FINAL. 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 ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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, Gene Crawford can be reached at (571) 272-6911. 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.
/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651