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.
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. Such claim limitation(s) is/are: thickness measurement unit and temperature measurement unit in claim 1.
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.
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 § 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.
Claim 12 is 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.
Claim 12 recites the limitation "the laser" in line 7. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination below, the examiner will treat the limitation as "a laser".
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.
Claims 1-3, 5, 7, 10, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwata (JPH01291107A).
Regarding claim 1, Iwata teaches an apparatus for measuring a temperature (paragraph [0006]) and a thickness of a film being extruded and coating molded (paragraph [0001]), the apparatus comprising:
a transport unit comprising a plurality of rotating rolls configured to transport the film being molded in one direction ('forming roll unit' - 14, Fig. 11);
a thickness measurement unit installed to be spaced apart from an outer periphery surface of at least one of the plurality of rotating rolls and configured to measure the thickness of the film being transported ('thickness meter' - paragraph [0005]; Fig. 11 depicts the thickness meter, 16, spaced apart from the rotating rolls, 14);
a temperature measurement unit disposed to be adjacent to the thickness measurement unit and configured to measure a surface temperature of the film being transported (paragraph [0011] discloses a temperature sensor is provided in the sensor head; 44, Fig. 5); and
a controller ('controller unit' - paragraph [0025]; 46, Fig. 7) configured to determine whether measured values measured through the thickness measurement unit and the temperature measurement unit deviate from reference values, respectively (paragraph [0030] discloses monitoring for thickness and temperature deviations).
Regarding claim 2, Iwata teaches the invention as explained above in claim 1, and further teaches the temperature measurement unit and the thickness measurement unit are disposed on a same line as a transportation direction of the film so as to be able to sequentially measure the surface temperature and the thickness of the film at a same point of the film being transported (Fig. 5 depicts the thickness meter (inside the sensor head, 26) next to the temperature sensor, 44, thus on the same line of transport).
Regarding claim 3, Iwata teaches the invention as explained above in claim 2, and further teaches the thickness measurement unit and the temperature measurement unit are disposed in order from an upstream to a downstream of the transportation direction of the film (Fig. 5 depicts the transportation directions as moving to the right. The thickness meter, 26, is upstream of the temperature sensor, 44).
Regarding claim 5, Iwata teaches the invention as explained above in claim 1, and further teaches the thickness measurement unit comprises:
a guide rail disposed to be spaced apart in parallel to a central axis line of the rotating roll (30, Fig. 1);
a moving plate reciprocally coupled to the guide rail along a length direction of the guide rail through reception of a power ('sensor head' - 26, Fig. 1; paragraph [0005] discloses the sensor head moves along the guide rail in a length direction); and
a laser displacement sensor coupled onto the moving plate through a first bracket, and configured to measure the thickness of the film by irradiating a laser toward a surface of the film being transported by the rotating roll (paragraph [0016] discloses the thickness meter utilizes a laser sensor).
Regarding claim 7, Iwata teaches the invention as explained above in claim 5, and further teaches the first bracket is rotatably coupled at a predetermined angle along a transportation direction of the film with a first hinge shaft of the moving plate as a center of rotation, and is configured to adjust a laser irradiation angle of the laser displacement sensor (paragraphs [0004], [0018] discloses the laser sensor (located in the sensor head) is emitted at a predetermined angle of incidence; paragraph [0011] discloses the angle of the sensor head, and thus the laser sensor, is changed to ensure the light is always parallel to the transport direction of the sheet).
Regarding claim 10, Iwata teaches the invention as explained above in claim 2, and further teaches the temperature measurement unit and the thickness measurement unit are configured to measure a proximity location within 0 to 30 mm along the transportation direction of the film in case that the film is extrusion molded (as depicted in Fig. 5, the thickness (inside 26) and temperature sensors (44) are adjacent to each other. Fig. 5 also depicts the surface of the film moving to the right. Thus, the temperature and thickness sensor would measure the same location (meaning, the proximity location is 0mm along the transportation of the film). Paragraph [0001] discloses the film is extrusion molded).
Regarding claim 12, Iwata teaches a method for measuring a temperature and a thickness of a film (paragraphs [0009], [0010]), the method comprising the steps of:
forming a film through an extrusion or coating process (paragraph [0001]);
transporting the film being molded in one direction through a plurality of rotating rolls ('forming roll unit' - 14, Fig. 11; Fig. 7 depicts the film, S, being transported in one direction);
measuring a temperature of a film at a predetermined point by irradiating an infrared ray toward a surface of the film being transported by the plurality of rotating rolls (paragraph [0021]);
measuring a thickness of the film by irradiating the laser at the same or proximity location of the surface of the film of which the temperature has been measured ('thickness meter' - paragraph [0005]; Fig. 11 depicts the thickness meter, 16, spaced apart from the rotating rolls, 14);
determining whether measured values of the temperature and the thickness of the film deviate from reference values, respectively (paragraph [0030] discloses monitoring for thickness and temperature deviations); and
changing a condition of the film manufacturing process in case that the measured values deviate from the reference values, respectively (paragraph [0017] discloses correcting thickness errors in the film depending on the deviations in temperature and thickness; paragraph [0018] discloses improving the production based on detected deviations).
Regarding claim 14, Iwata teaches the invention as explained above in claim 12, and further teaches the step of measuring the temperature of the film measures the temperature of the film after measuring the thickness of the film on a same line as a transportation direction of the film so as to be able to sequentially measure the thickness and the surface temperature of the film at a same point of the film being transported (Fig. 5 depicts the transportation directions as moving to the right. The thickness meter, 26, is upstream of the temperature sensor, 44).
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.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Iwata (JPH01291107A) as applied to claims 2 and 12 above, and further in view of Yagi (JPH05157522A).
Regarding claim 4, Iwata teaches the invention as explained above in claim 2, but fails to teach the temperature measurement unit and the thickness measurement unit are disposed in order from an upstream to a downstream of the transportation direction of the film.
However, in the same field of endeavor of sheet thickness measurement, Yagi discloses a device where the temperature measurement unit (22, Fig. 1) is upstream of the thickness measurement unit (21, Fig. 1; paragraph [0013]).
Iwata discloses that the temperature of the sheet is used to correct errors in the thickness measurement (paragraph [0009]). Yagi also discloses the temperature of the sheet is used to correct the thickness measurement of the film (paragraph [0015]), therefore in order for there to be no delay in correction, the temperature of film must be measured first (paragraph [0020]). Thus, it would be obvious for a person of ordinary skill in the art to combine the device of Iwata with the arrangement of the temperature measurement unit before the thickness measurement unit taught in Yagi in order to avoid delays in corrections of the film molding.
Regarding claim 13, Iwata discloses the invention as explained above in claim 12, but fails to teach the step of measuring the thickness of the film measures the thickness of the film after measuring the temperature of the film on a same line as a transportation direction of the film so as to be able to sequentially measure the surface temperature and the thickness of the film at a same point of the film being transported.
However, Yagi discloses a method where the temperature of the film is measured prior to the thickness of the film on the same line of transportation (Fig. 1 depicts the temperature sensor, 22, arranged before the thickness sensor, 21).
Iwata discloses that the temperature of the sheet is used to correct errors in the thickness measurement (paragraph [0009]). Yagi also discloses the temperature of the sheet is used to correct the thickness measurement of the film (paragraph [0015]), therefore in order for there to be no delay in correction, the temperature of film must be measured first (paragraph [0020]). Thus, it would be obvious for a person of ordinary skill in the art to combine the method of Iwata with the measurement of temperature prior to thickness taught in Yagi in order to avoid delays in correction due to deviations in the film.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Iwata (JPH01291107A) as applied to claim 5 above, and further in view of Borkenhagen (US5028145A).
Regarding claim 6, Iwata discloses the invention as explained above in claim 5, and further teaches the moving plate is reciprocally coupled to the guide rail along a direction that crosses the length direction of the guide rail (Iwata: paragraph [0005] discloses the sensor head moves along the guide rail in a length direction).
Iwata fails to teach the moving plate is configured to adjust a gap distance from the outer periphery surface of the rotating roll.
However, in the same field of endeavor of measurements of a rotating roll, Borkenhagen discloses a moving plate (7, Fig. 1) which is configured to move towards or away from the outer surface of a rotating roll (column 3, lines 41-50).
Borkenhagen discloses that measurement sensors that come in to contact with the rotating roll will leave marks, while typical contactless sensors do not account for variable thickness (column 1, lines 48-61). Therefore, it is advantageous to have a contactless sensor which is capable of adjusting the distance between the sensor and measurement surface (Borkenhagen: column 2, lines 43-48). Thus, it would be obvious for a person having ordinary skill in the art prior to the effective filing date to combine the device of Iwata with the adjustable temperature sensor taught in Borkenhagen to avoid unwanted contact between the film and measurement device.
Regarding claim 8, Iwata discloses the invention as explained above in claim 5, and further teaches an infrared sensor configured to measure a temperature of the surface of the film that is transported by the rotating roll (Iwata: paragraph [0021]).
Iwata does disclose the temperature sensor being on a bracket (see Fig. 5), however it fails to disclose that the temperature measurement unit comprised a second bracket coupled to be able to move forward and backward along a direction that crosses a length direction of the rotating roll; and the infrared temperature sensor installed on that second bracket.
However, Borkenhagen discloses a temperature sensor (11, Fig. 1) installed on a bracket (12, Fig. 1) which moves forward and backwards along a direction that crosses a length of the rotating roll (the examiner is interpreting this to mean away or towards the rotating roll as shown in Figs. 1 and 2; arrows, 21, in Fig. 1 depict this motion).
Borkenhagen discloses that measurement sensors that come in to contact with the rotating roll will leave marks, while typical contactless sensors do not account for variable thickness (column 1, lines 48-61). Therefore, it is advantageous to have a contactless sensor which is capable of adjusting the distance between the sensor and measurement surface (Borkenhagen: column 2, lines 43-48). Thus, it would be obvious for a person having ordinary skill in the art prior to the effective filing date to combine the device of Iwata with the adjustable temperature sensor taught in Borkenhagen to avoid unwanted contact between the film and measurement device.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Iwata (JPH01291107A) in view of Borkenhagen (US5028145A) as applied to claim 8 above, and further in view of Ruglio (US20090061075A1).
Regarding claim 9, Iwata in view of Borkenhagen disclose the invention as explained above in claim 8, and further teaches the infrared temperature sensor is rotatably coupled at a predetermined angle along a transportation direction of the film and is configured to adjust an infrared irradiation location of the infrared temperature sensor (Iwata: paragraph [0011] discloses a temperature sensor is provided in the sensor head; 44, Fig. 5; paragraphs [0004], [0018] discloses the sensor head is emitted at a predetermined angle of incidence; paragraph [0011] discloses the angle the sensor head is at is changed to ensure the light is always parallel to the transport direction of the sheet).
Iwata and Borkenhagen fail to teach the infrared temperature sensor is rotatably coupled with a second hinge shaft of the second bracket as a center of rotation.
However, in the same field of endeavor of thickness measurement, Ruglio discloses a device with an infrared temperature sensor (52, Fig. 1), which is held on a second hinge bracket (Fig. 4 depicts the temperature sensor, 52, at a different angle than the other sensors (88 for example). The examiner is interpreting this to mean it is on its own hinge bracket).
Ruglio discloses that having all sensors at different angles aids in measuring coating thickness despite rotation of the object being measured (paragraph [0026]). Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the device of Iwata as modified by Borkenhagen with the second hinge taught in Ruglio in order to account for the rotation/movement of the film.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Iwata (JPH01291107A) as applied to claim 2 above, and further in view of Brayden (US6052191A).
Regarding claim 11, Iwata discloses the invention as explained above in claim 2, and further teaches the temperature measurement unit and the thickness measurement unit are configured to measure a proximity location within 0 to 100 mm along the transportation direction of the film (Iwata: as depicted in Fig. 5, the thickness (inside 26) and temperature sensors (44) are adjacent to each other. Fig. 5 also depicts the surface of the film moving to the right. Thus, the temperature and thickness sensor would measure the same location (meaning, the proximity location is 0mm along the transportation of the film)).
Iwata does not disclose the film is coating molded.
However, in the same field of endeavor of film thickness measurement, Brayden discloses a film thickness measurement device which measures the thickness of a coating (abstract).
Coating is a common and widely-known method of film processing (see supplemental material, "Film Processing Methods). Iwata discloses that temperature of freshly molded film affects the measurement of thickness sensors (paragraph [0006]). Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to apply the temperature and thickness measurement device taught in Iwata to the well-known and widely used coating molded film taught in Brayden in order to account for errors due to temperature fluctuations in thickness measurement.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Iwata (JPH01291107A) as applied to claim 12 above, and further in view of Nagao (US4748331A).
Regarding claim 15, Iwata discloses the invention as explained above in claim 12, and further teaches measuring a distance measurement value from the film by irradiating the laser onto the surface of the film through the laser displacement sensor during film transportation using the rotating rolls (Iwata: paragraph [0029] discloses the laser sensor irradiates the surface of the film to calculate a distance);
and deriving the thickness of the film by subtracting the default value from the distance measurement value from the film (Iwata: paragraph [0029] discloses the thickness is derived by subtracting a default value (back of the film) from the distance measurement value (from the front of the film)).
Iwata fails to teach measuring an outer diameter of the rotating roll by irradiating a laser toward a surface of the rotating roll in a state where the film is not transported through a laser displacement sensor, and setting the measured outer diameter as a default value.
However, in the same field of endeavor of film thickness measurement, Nagao teaches a method where the distance to the surface of the roller is determined in order to determine the film thickness (roller - 1, Fig. 2; distance to roller - A, Fig. 2).
Nagao discloses that by initially measuring to the surface of the roller, any eccentricity of uneven surface of the roller can be accounted for in the thickness measurements (column 2, lines 35-40). Thus, a person having ordinary skill in the art would find it obvious to combine the thickness measurement method of Iwata with the default value being the distance to the roller taught in Nagao in order to account for the roller having an uneven surface.
Conclusion
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/ALEXANDRIA MENDOZA/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877