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 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. 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.
Such claim limitation(s) and the corresponding structure in the specification is/are: information providing apparatus including acquisition unit (claims 1, 9, 10), calculation unit (claims 1-10), and providing unit (claim 1) - control unit 14 which is a processing unit that controls information providing apparatus 10 and includes acquisition unit 141, calculation unit 142, and providing unit 143 (Published application, ¶ [0029])
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 § 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.
Claim(s) 1, 2, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishiyama (JP 2004-277899 A).
Regarding claim 1, Nishiyama discloses an information providing apparatus (65; fig. 6) comprising: an acquisition unit (65) that acquires a thickness measurement value (thickness profile) of each of portions of paper (51) and a moisture percentage measurement value (moisture content profile) of each of the portions of the paper before or after a pressing process of pressing each of the portions of the paper with a different pressing force by using a roll (54) based on an index that is provided (computer 65 acquires a thickness profile and moisture content profile from a thickness sensor and moisture content sensor in profile measuring device 62; Espacenet machine translation, ¶ [0084]); a calculation unit (65) that calculates an estimated value of a thickness of the paper (51) after a moisture percentage of the paper has changed, based on the thickness measurement value (thickness profile) and the moisture percentage measurement value (profile measuring device 62, connected to computer 65, calculates the value of the change in thickness of web 51 relative to the change in moisture content profile and sets the value as a coefficient in computer 65 which then uses this coefficient, which corresponds to an estimated thickness value, to adjust of pressure of the press roll; ¶¶ [0094-0095]); and a providing unit (65) that provides the estimated value as the index to an apparatus that performs the pressing process (computer 65 provides the estimated thickness value to pressure adjustment device 58; ¶ [0095]).
Regarding claim 2, Nishiyama discloses wherein the calculation unit (65) calculates the index by using the thickness measurement value of each of the portions of the paper (51) and a difference between the moisture percentage measurement value and one of a moisture percentage fixed value that is set in advance and an average value of the moisture percentage measurement values (profile measuring device 62 and computer 65 calculate a thickness index by using the measured thickness profile and a difference between the measured moisture profile and a coefficient that is set in advance; ¶ [0095]).
Regarding claim 11, Nishiyama discloses an information providing method implemented by a computer (65), the information providing method comprising: acquiring a thickness measurement value (thickness profile) of each of portions of paper (61) and a moisture percentage measurement value (moisture content profile) of each of the portions of the paper before or after a pressing process of pressing each of the portions of the paper with a different pressing force by using a roll (54) based on an index that is provided (computer 65 acquires a thickness profile and moisture content profile from a thickness sensor and moisture content sensor in profile measuring device 62; Espacenet machine translation, ¶ [0084]); calculating an estimated value of a thickness of the paper (51) after a moisture percentage of the paper has changed, based on the thickness measurement value (thickness profile) and the moisture percentage measurement value (profile measuring device 62, connected to computer 65, calculates the value of the change in thickness of web 51 relative to the change in moisture content profile and sets the value as a coefficient in computer 65 which then uses this coefficient, which corresponds to an estimated thickness value, to adjust of pressure of the press roll; ¶¶ [0094-0095]); and providing the estimated value as the index to an apparatus that performs the pressing process (computer 65 provides the estimated thickness value to pressure adjustment device 58; ¶ [0095]).
Regarding claim 11, Nishiyama discloses a non-transitory computer-readable recording medium having stored therein an information providing program that causes a computer (65) to execute a process, the process comprising: acquiring a thickness measurement value (thickness profile) of each of portions of paper (51) and a moisture percentage measurement value (moisture content profile) of each of the portions of the paper before or after a pressing process of pressing each of the portions of the paper with a different pressing force by using a roll (54) based on an index that is provided (computer 65 acquires a thickness profile and moisture content profile from a thickness sensor and moisture content sensor in profile measuring device 62; Espacenet machine translation, ¶ [0084]); calculating an estimated value of a thickness of the paper (51) after a moisture percentage of the paper has changed, based on the thickness measurement value (thickness profile) and the moisture percentage measurement value (profile measuring device 62, connected to computer 65, calculates the value of the change in thickness of web 51 relative to the change in moisture content profile and sets the value as a coefficient in computer 65 which then uses this coefficient, which corresponds to an estimated thickness value, to adjust of pressure of the press roll; ¶¶ [0094-0095]); and providing the estimated value as the index to an apparatus that performs the pressing process (computer 65 provides the estimated thickness value to pressure adjustment device 58; ¶ [0095]).
Allowable Subject Matter
Claims 3-10 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.
The prior art does not disclose or suggest “the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient, the moisture percentage measurement value, and the thickness measurement value” in combination with the remaining claim elements as recited in claim 3.
The prior art does not disclose or suggest “the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient, the moisture percentage measurement value, and an average value of the thickness measurement values” in combination with the remaining claim elements as recited in claim 4.
The prior art does not disclose or suggest “the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient and a difference between the moisture percentage measurement value and one of a moisture percentage fixed value that is set in advance and an average value of the moisture percentage measurement values” in combination with the remaining claim elements as recited in claim 5.
The prior art does not disclose or suggest “the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient, the thickness measurement value, and a difference between the moisture percentage measurement value and one of a moisture percentage fixed value that is set in advance and an average value of the moisture percentage measurement values” in combination with the remaining claim elements as recited in claim 6.
The prior art does not disclose or suggest “wherein the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient, an average value of the thickness measurement values, and a difference between the moisture percentage measurement value and one of a moisture percentage fixed value that is set in advance and an average value of the moisture percentage measurement value” in combination with the remaining claim elements as recited in claim 7.
The prior art does not disclose or suggest “wherein the calculation unit calculates the index by subtracting, from the thickness measurement value, a difference between a film thickness change with respect to the moisture percentage measurement value and a film thickness change with respect to an air-dried moisture percentage” in combination with the remaining claim elements as recited in claim 8.
The prior art does not disclose or suggest “wherein the acquisition unit further acquires a basis weight measurement value of each of the portions of the paper, and the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient, the moisture percentage measurement value, and the basis weight measurement value” in combination with the remaining claim elements as recited in claim 9.
The prior art does not disclose or suggest “wherein the acquisition unit further acquires a basis weight measurement value of each of the portions of the paper, and the calculation unit calculates the index by subtracting, from the thickness measurement value, a value that is obtained by multiplying a coefficient, the basis weight measurement value, and a difference between the moisture percentage measurement value and one of a moisture percentage fixed value that is set in advance and an average value of the moisture percentage measurement values” in combination with the remaining claim elements as recited in claim 10.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erika J. Villaluna whose telephone number is (571)272-8348. The examiner can normally be reached Mon-Fri 9:00 am - 5:30 pm.
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, Stephanie Bloss can be reached at (571) 272-3555. 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.
/ERIKA J. VILLALUNA/Primary Examiner, Art Unit 2852
Prosecution Insights