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 .
Election/Restrictions
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 13 February 2026.
Applicant's election with traverse of Claims 1-7 in the reply filed on 13 February 2026 is acknowledged. The traversal is on the ground(s) that the Groups II and III are not patentably distinct inventions. This is not found persuasive because the apparatus as claimed can be used to practice another and materially different process, such as one that does not require the step of extruding and/or shaping a subset of filaments with a non-planar profile. Further, the article as claimed can be made by another and materially different apparatus, such as one that does not require a funnel. Finally, the article as claimed can be made by another and materially different process, such as one that does not require the step of extrusion.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
(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 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Glassen (U.S. Patent 2,593,665). Regarding Claim 1, Glassen shows an apparatus (Figure 1) comprising a funnel comprising a set of sides that cooperate to define an inlet opening and an outlet opening (element 26), and an actuator that is operatively connected to the funnel, wherein at least one member of the set of sides is vibratable by the actuator (Column 5, lines 66-75; Column 6, lines 1-19; Column 7, lines 30-39).
Regarding Claim 2, Glassen shows the apparatus of claim 1 above, including one wherein the set of sides are fixedly positioned with respect to each other and the set of sides are vibratable by the actuator (Column 3, lines 68-75; Column 4, lines 1-9).
Claim Rejections - 35 USC § 103
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glassen, in view of Whitten (U.S. Patent 5,971,690). Glassen shows the apparatus of claim 1 above, but he does not show a sheet that is disposed on the funnel sides. Whitten shows a funnel which comprises a sheet (liner) that is disposed on at least one member of the set of sides and that faces toward the inlet opening (element 25). It would have been obvious to one of ordinary skill in the art to use Whitten’s liner in Glassen’s vibratable funnel in order to prevent damage to the funnel itself.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glassen.
Regarding Claims 4-5, Glassen shows the apparatus of claim 1 above, but he does not show movable funnel sides. It would have been obvious to one of ordinary skill in the art to make the sides of Glassen’s funnel movable in order to facilitate size adjustment of the funnel and because adjustability is not held to be a patentable advance (MPEP 2144.04 (V)(D)).
Regarding Claim 6, Glassen shows the apparatus of claim 1 above, but he does not show a second actuator. It would have been obvious to include a second actuator for vibration in order to increase or localize the vibration availability and because duplication of parts has not patentable significance unless a new and unexpected result is produced (MPEP 2144.04 (VI)(B)).
Regarding Claim 7, Glassen shows the apparatus of claim 6 above, but he does not show movable funnel sides. It would have been obvious to one of ordinary skill in the art to make the sides of Glassen’s funnel movable in order to facilitate size adjustment of the funnel and because adjustability is not held to be a patentable advance (MPEP 2144.04 (V)(D)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742
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