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 Amendment
Claims 1-10 are pending.
Claim 10 is newly added.
In view of the amendment, filed on 03/04/2026, the following new grounds of the rejections are necessitated.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 12 included the limitation of “the first forming roll and the second forming roll, the controller controls the circumferential speed of only the second forming roll based on the powder information” which was not described in the specification. Even though the specification discloses “controlling a circumferential speed of the second forming roll based on the powder information”, the specification does not include an exceptional controlling circumferential speed for “only” second forming roll. Therefore, claim 10 fails to comply with the written description requirement. It should be noted that negative limitations in the claims must have explicit support in the specification to satisfy the description requirement of35 USC 112, In re Grasselli, 231 USPQ 393.
The following rejections are maintained for the reason of records as given in the previous office action. The bases of these rejections are the same as given in the office action, mailed on 12/08/2025.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claim(s) 1 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mochizuki et al. (JP 4258054).
As to claim 1, Mochizuki et al. (JP 4258054) disclose production of thin sheet material comprises:
-a reservoir of powder (47: a powder supply means, ¶ [0067]) comprising a powder supply unit (11: a powder supply unit);
-a first forming roll (1: rolling roll, ¶ [0003]), and a second forming roll (2: rolling roll, ¶ [0003]) structured to be adjacent to each other at a predetermined interval, the powder fed from the reservoir to a gap between the two rolls (1, 2: rolling rolls, ¶ [0003]), the powder compressed into a sheet shape (14: thin sheet material, ¶ [0028]) by rotation of the two rolls (1, 2: rolling rolls, ¶ [0003]) to form a green compact, the second forming roll (2: rolling roll, ¶ [0003]) supporting and conveying the green compact on a circumferential surface;
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-a first information acquisitor (52: a weight scale, ¶ [0068]) structured to acquire powder information (weight, ¶ [0068]) regarding an amount of the powder stored in the reservoir (47: a powder supply means, ¶ [0067]); and
-a controller (31) structured to control a circumferential speed of the first and the second forming rolls (1 and 2). (The control device 31 drives the drive motors 5A and 6A with a rolling speed signal 32 based on the set rolling speed 34 that has been input, so that the roll surface forming the rolling interval 4 moves downward. ¶ [0041])
Further, Mochizuki et al. (JP ‘054) disclose a set rolling speed 34 is input to the control device 31, and the rolling speed signal 32 is out from the control device 31 to the drive motors 5A and 6A by the set rolling speed 34 to control the rolling speed of the thin plate material 14 (see ¶ [0032]), but is silent on explicitly indicating a circumferential speed of the second forming roll is necessarily based on the powder information, as claimed in claim 1.
However, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to control the speed of the first and the second forming rolls (1 and 2), as taught by Mochizuki et al. (JP ‘054), so that the speed of the at least the second forming roll (2) to be controlled based on the powder information in order to perform an accurate control for the supply of the powder to be rolled by an approximately uniform relative density forming a thin plate material with improved solidification strength, as suggested by Mochizuki et al. (JP ‘054): ¶ [0013].
As to claim 8, Mochizuki et al. (JP ‘054) disclose the controller (a control device 31) controls a circumferential speed of the first forming roll (1: rolling roll, ¶ [0003]) together with the circumferential speed of the second forming roll (2: rolling roll, ¶ [0003]). See ¶ [0032])
As to claim 9, Mochizuki et al. (JP ‘054) teach the powder layer (M) fed from the reservoir to a gap between the two rolls wherein the powder is capable to contain predetermined particles and a binding component, and a content of the binding component is 20 mass % or less with respect to a total mass of the powder as the limitation is more directed to the features of the material worked upon by apparatus and material or article worked upon by apparatus does not limit the apparatus claims. See MPEP 2115.
As to claim 10, Mochizuki et al. (JP ‘054) disclose the first forming roll (1) and the second forming roll (2) and the controller controls a circumferential speed of the first and the second forming rolls (1 and 2). (The control device 31 drives the drive motors 5A and 6A with a rolling speed signal 32 based on the set rolling speed 34 that has been input, so that the roll surface forming the rolling interval 4 moves downward. ¶ [0041]) However, Mochizuki et al. (JP ‘054) is silent on controlling the circumferential speed of only the second forming roll (2) based on the powder information, as claimed in claim 10. It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to control the speed of the second forming rolls (2), as taught by Mochizuki et al. (JP ‘054), so that the circumferential speed of only the second forming roll (2) to be controlled based on the powder information in order to perform an accurate control for the supply of the powder to be rolled by an approximately uniform relative density forming a thin plate material with improved solidification strength, as suggested by Mochizuki et al. (JP ‘054): ¶ [0013].
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mochizuki et al. (JP ‘054) in view of Toyoda (JP 2021-64486)
Mochizuki et al. (JP ‘054) disclose the structural limitations of claimed green compact forming device, as claimed in claim 1, however, fail to disclose at least one conveying roll structured to be positioned downstream of the second forming roll in a conveyance direction of the green compact and a second information acquisitor structured to acquire basis weight information regarding a basis weight of the green compact, wherein the second information acquisitor acquiring the basis weight information of the green compact on a circumferential surface of at least one roll of the second forming roll and the conveying roll, as claimed in claims 2 and 4-7.
In the analogous art, Toyoda (JP ‘486) disclose a coating and an inspection device comprising a first roll 1100 and the second roll 1200 form a coating layer C1 by pressing a material between a first outer peripheral portion 1110 of the first roll 1100 and a second outer peripheral portion 1210 of the second roll 1200. The second outer peripheral portion 1210 of the second roll 1200 transports the coating layer C1 while carrying it. A third roll 1300 transports a metal foil 110 while carrying it. A light irradiation unit 1500 radiates light to the coating layer C1 which is being transported while carried by the second outer peripheral portion 1210 of the second roll 1200. A light receiving unit 1600 receives light scattered by the coating layer C1. A basis weight calculation unit 1930 calculates the basis weight of the coating layer C1 from the light received by the light receiving unit 1600. See the abstract.
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Therefore, as to claim 2, Toyoda (JP ‘486) teach at least one conveying roll (a third roll 1300, see abstract) structured to be positioned downstream of the second forming roll (the second roll 1200, see abstract) in a conveyance direction of the metal foil (110), and support and convey the metal foil (110) on a circumferential surface; and a second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) structured to acquire basis weight information regarding a basis weight of the metal foil (110), wherein the second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) acquiring the basis weight information of the metal foil (110) on a circumferential surface of at least one roll of the second forming roll (the second roll 1200, see abstract) and the conveying roll (a third roll 1300, see abstract), wherein the controller (a basis weight calculation unit 1930, see abstract) controls a circumferential speed of the second forming roll (the second roll 1200, see abstract) based on the powder (wet granulated material supply unit 1400, see abstract) information and the basis weight information. See the abstract and figures 3-4.
Therefore, it would have been obvious for one of ordinary skill, prior to the time of applicant’s invention, to modify the green compact forming device, as taught by Mochizuki et al. (JP ‘054), through providing at least one conveying roll structured to be positioned downstream of the second forming roll and a second information acquisitor structured to acquire basis weight information wherein the second information acquisitor acquiring the basis weight information of the layer on a circumferential surface of the second forming roll and the conveying roll in order to suppress variations in the basis weight in the coating device that adjusts the film thickness of the coating layer by pressing the material between the first roll and the second roll, as suggested by Toyoda (JP ‘486).
As to claim 3, Mochizuki et al. (JP ‘054) disclose production of thin sheet material comprises:
-a reservoir of powder (47: a powder supply means, ¶ [0067]) comprising a powder supply unit (11: a powder supply unit);
-a first forming roll (1: rolling roll, ¶ [0003]), and a second forming roll (2: rolling roll, ¶ [0003]) structured to be adjacent to each other at a predetermined interval, the powder fed from the reservoir to a gap between the two rolls (1, 2: rolling rolls, ¶ [0003]), the powder compressed into a sheet shape (14: thin sheet material, ¶ [0028]) by rotation of the two rolls (1, 2: rolling rolls, ¶ [0003]) to form a green compact, the second forming roll (2: rolling roll, ¶ [0003]) supporting and conveying the green compact on a circumferential surface;
-a first information acquisitor (52: a weight scale, ¶ [0068]) structured to acquire powder information (weight, ¶ [0068]) regarding an amount of the powder stored in the reservoir (47: a powder supply means, ¶ [0067]); and
-a controller (31) structured to control a circumferential speed of the first and the second forming rolls (1 and 2). (The control device 31 drives the drive motors 5A and 6A with a rolling speed signal 32 based on the set rolling speed 34 that has been input, so that the roll surface forming the rolling interval 4 moves downward. ¶ [0041])
Further, Mochizuki et al. (JP ‘054) disclose a set rolling speed 34 is input to the control device 31, and the rolling speed signal 32 is out from the control device 31 to the drive motors 5A and 6A by the set rolling speed 34 to control the rolling speed of the thin plate material 14 (see ¶ [0032]), but is silent on explicitly indicating a circumferential speed of the second forming roll is necessarily based on the powder information, as claimed in claim 3.
However, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to control the speed of the first and the second forming rolls (1 and 2), as taught by Mochizuki et al. (JP ‘054), so that the speed of the at least the second forming roll (2) to be controlled based on the powder information in order to perform an accurate control for the supply of the powder to be rolled by an approximately uniform relative density forming a thin plate material with improved solidification strength, as suggested by Mochizuki et al. (JP ‘054): ¶ [0013].
Further, Mochizuki et al. (JP ‘054) fail to disclose at least one conveying roll structured to be positioned downstream of the second forming roll in a conveyance direction of the green compact and a second information acquisitor structured to acquire basis weight information regarding a basis weight of the green compact, wherein the second information acquisitor acquiring the basis weight information of the green compact on a circumferential surface of at least one roll of the second forming roll and the conveying roll, as claimed in claim 3.
In the analogous art, Toyoda (JP ‘486) disclose a coating and an inspection device comprising a first roll 1100 and the second roll 1200 form a coating layer C1 by pressing a material between a first outer peripheral portion 1110 of the first roll 1100 and a second outer peripheral portion 1210 of the second roll 1200. The second outer peripheral portion 1210 of the second roll 1200 transports the coating layer C1 while carrying it. A third roll 1300 transports a metal foil 110 while carrying it. A light irradiation unit 1500 radiates light to the coating layer C1 which is being transported while carried by the second outer peripheral portion 1210 of the second roll 1200. A light receiving unit 1600 receives light scattered by the coating layer C1. A basis weight calculation unit 1930 calculates the basis weight of the coating layer C1 from the light received by the light receiving unit 1600. See the abstract.
Therefore, as to claim 3, Toyoda (JP ‘486) teach at least one conveying roll (a third roll 1300, see abstract) structured to be positioned downstream of the second forming roll (the second roll 1200, see abstract) in a conveyance direction of the metal foil (110), and support and convey the metal foil (110) on a circumferential surface; and a second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) structured to acquire basis weight information regarding a basis weight of the metal foil (110), wherein the second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) acquiring the basis weight information of the metal foil (110) on a circumferential surface of at least one roll of the second forming roll (the second roll 1200, see abstract) and the conveying roll (a third roll 1300, see abstract), wherein the controller (a basis weight calculation unit 1930, see abstract) controls a circumferential speed of the second forming roll (the second roll 1200, see abstract) based on the powder (wet granulated material supply unit 1400, see abstract) information and the basis weight information. See the abstract and figures 3-4.
As to claim 4, Mochizuki et al. (JP ‘054) disclose the conveying roll (a third roll 1300, see abstract) includes a stretching and conveying roll (a third roll 1300, see abstract) structured to convey the green compact and stretch the metal foil (110) to a target thickness, and the second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) acquires the basis weight information of the metal foil (110) on a circumferential surface of the stretching and conveying roll (a third roll 1300, see abstract).
As to claim 5, Mochizuki et al. (JP ‘054) teach the second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) acquires the basis weight information of the metal foil (110) on the circumferential surface of the second forming roll (the second roll 1200, see abstract) and the basis weight information of the green compact on the circumferential surface of the stretching and conveying roll (a third roll 1300, see abstract).
As to claim 6, Mochizuki et al. (JP ‘054) disclose the controller (a basis weight calculation unit 1930, see abstract) controls a circumferential speed of the conveying roll (a third roll 1300, see abstract) together with the circumferential speed of the second forming roll (the second roll 1200, see abstract).
As to claim 7, Mochizuki et al. (JP ‘054) teach the second information acquisitor (a light irradiation unit 1500 and a light receiving unit 1600, see abstract) includes a terahertz sensor capable of measuring at least one of the basis weight or a thickness of the metal foil (110).
Therefore, it would have been obvious for one of ordinary skill, prior to the time of applicant’s invention, to modify the green compact forming device, as taught by Mochizuki et al. (JP ‘054), through providing at least one conveying roll structured to be positioned downstream of the second forming roll and a second information acquisitor structured to acquire basis weight information wherein the second information acquisitor acquiring the basis weight information of the layer on a circumferential surface of the second forming roll and the conveying roll in order to suppress variations in the basis weight in the coating device that adjusts the film thickness of the coating layer by pressing the material between the first roll and the second roll, as suggested by Toyoda (JP ‘486).
Response to Arguments
Applicant's arguments, filed on 03/04/2026, have been fully considered but they are not persuasive.
Applicant argues “Mochizuki fails to teach that the amount of powder supplied from the reservoir to a gap between the first and second forming rolls changes in accordance with the amount of powder stored in the reservoir. Moreover, Mochizuki also fails to teach supporting and conveying thin plate material 14 on the circumferential surface of the mill roll 2. Furthermore, Mochizuki fails to describe the impact of the amount of powder in the reservoir and the circumferential speed of the second forming roll on the basis weight of the green compact 14 as described in paragraphs [0023]-[0025] of the present application.” see remarks, page 6, last paragraph and page 7, first paragraph.
Applicant’s arguments are not found persuasive. First, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Second, as it has been discussed in detail above in the body of the rejection, Mochizuki disclose a first information acquisitor (52: a weight scale, ¶ [0068]) structured to acquire powder information (weight, ¶ [0068]) regarding an amount of the powder stored in the reservoir (47: a powder supply means, ¶ [0067]); and a controller (31) structured to control a circumferential speed of the first and the second forming rolls (1 and 2). (The control device 31 drives the drive motors 5A and 6A with a rolling speed signal 32 based on the set rolling speed 34 that has been input, so that the roll surface forming the rolling interval 4 moves downward. ¶ [0041]). Further, Mochizuki et al. (JP ‘054) disclose a set rolling speed 34 is input to the control device 31, and the rolling speed signal 32 is out from the control device 31 to the drive motors 5A and 6A by the set rolling speed 34 to control the rolling speed of the thin plate material 14 (see ¶ [0032]). Even though Mochizuki is silent on explicitly indicating a circumferential speed of the second forming roll is necessarily based on the powder information, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to control the speed of the first and the second forming rolls (1 and 2), as taught by Mochizuki et al. (JP ‘054), so that the speed of the at least the second forming roll (2) to be controlled based on the powder information in order to perform an accurate control for the supply of the powder to be rolled by an approximately uniform relative density forming a thin plate material with improved solidification strength, as suggested by Mochizuki et al. (JP ‘054): ¶ [0013]).
Moreover, in response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Therefore, rejection of claim 1 is proper and maintained and for the similar reasons the rejections of the dependent claims 2-10 are maintained.
Finally, after a full review of the submitted remarks in view of prior art rejections, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references by the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
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 SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/ Primary Examiner
Art Unit 1754 04/04/2026
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