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 § 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.
Claims 4-6 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 claims 4 and 6 the term “selective” is not defined. For purposes of continued examination the term “selective” will include the act of selecting any portion of the web to pretreat from 0-100% of the entire web.
Regarding claim 5, it is unclear if the listing of sheet or continuous webs are examples of the separate preforms or further limiting. For purposes of continued examination it is considered to be listed as three separate options. The first is a separate preform of any shape. Second is a sheet. Finally the third option of the fibrous material would be a continuous web. As long as one of the three options is met then the claimed limitations is shown.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 requires a pretreatment action to take place. Claim 3 requires that the pretreatment action comprises at least one pretreatment step. If the pretreatment is present then there must be at least one step. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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) 1-12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Stotz et al, WO 2022/258709.
Regarding claims 1 and 11, Stotz teaches a process for pretreatment of fibrous material (item 12 a) having a water content of less than 30% by weight in a production process (“heated to more than 40° C., in particular to reduce the moisture content of the packaging material web to 15% to 35% before the packaging material web is reshaped by means of the shaping device” 7th paragraph), for producing three-dimensional products (packaging see abstract) wherein the fibrous material is subjected to product-specific pretreatment (preconditioning device, item 18, see abstract and figures) before at least one process step of shaping three-dimensional products (item 18 is prior to molding device 12 in figures), wherein the at least one process step takes place directly after the pretreatment of the fibrous material (see figure 2), and wherein the fibrous material is at least partially moistened during the product-specific pretreatment (humidification unit item 16).
Regarding claim 2, Stotz remains as applied above and further teaches wherein during the product-specific pretreatment, the fibrous material undergoes at least one temperature, moisture, and/or steam treatment and/or the fibrous material undergoes an additive treatment (heating unit item 22).
Regarding claim 3, Stotz remains as applied above and further teaches wherein the pretreatment comprises at least one pretreatment step (all pretreatment actions must have at least one pretreatment step, also pretreatment is taught in the abstract).
Regarding claim 4, Stotz remains as applied above and further teaches wherein selective pretreatment of the fibrous material is carried out (preconditioning is a pretreatment step, item 18).
Regarding claim 5, Stotz remains as applied above and further teaches wherein the fibrous material is supplied for pretreatment in the form of separate preforms, as a sheet or as a continuous web (Web, item 12 see figure 2 and paragraphs 3-4).
Regarding claim 6, Stotz remains as applied above and further teaches wherein, during selective pretreatment, only regions that are deformed in a subsequent process step are pretreated (paragraphs 6-8 detail the act of pretreating the web and then reshaping them in a subsequent process, as selective pretreating is not defined if the entire area is pretreated and then the entire area is shaped then the claims are met).
Regarding claim 7, Stotz remains as applied above and further teaches wherein the pretreatment is carried out on a surface of the fibrous material at least from one side (See figures 2 and 6).
Regarding claim 8, Stotz remains as applied above and further teaches wherein the pretreatment is carried out in a plurality of pretreatment steps (at least one step see claim 7 and figure 7).
Regarding claim 9, Stotz remains as applied above and further teaches wherein the pretreatment takes place within a pretreatment chamber in which the fibrous material is at least temporarily protected from external influences (common housing see claim 9).
Regarding claim 10, Stotz remains as applied above and further teaches wherein at least one portion of the pretreatment chamber has properties that are different from a region around the pretreatment chamber, and wherein the properties include pressure, temperature, and/or moisture (the moisture treatment device adds moisture to the web based on ambient moisture outside of the chamber would be different see claim 9).
Regarding claim 12, Stotz remains as applied above and further teaches wherein the at least one pretreatment chamber is arranged upstream of at least one molding station (see figure 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB T MINSKEY whose telephone number is (571)270-7003. The examiner can normally be reached M-F 8-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 5712707475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB T. MINSKEY
Examiner
Art Unit 1741
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748