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 1-5 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.
The term “substantially” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What range of values fall within the term substantially? 89? 89.5? 85? What are the bounds of the term.
The remaining claims are rejected due to dependency from claim 1.
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) 1-5 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Downham (US 3549070).
Regarding claim 1, Downham discloses a blowoff nozzle that blows out air to a film being conveyed, the blowoff nozzle comprising:
a blowoff portion formed as an opening through which the air is blown out (Examiner’s Annotated Figure 2, “opening”);
and a flow passage member (2) provided near the blowoff portion inside the blowoff nozzle (1), the flow passage member (2) forming together with an inner wall surface (Examiner’s Annotated Figure 2) of the blowoff nozzle around the blowoff portion (Examiner’ s Annotated Figure 2), a flow passage (3, 4) of the air (The member forms a flow passage around the blowoff portion) from a downstream side in a film conveyance direction to the blowoff portion (The member extends from the downstream side to the blow off portion) and a flow passage of the air from an upstream side in the film conveyance direction to the blowoff portion (Examiner’s Annotated Figure 2), the flow passages being substantially parallel to a virtual plane that is parallel to an opening surface of the blowoff portion and that passes through the opening surface of the blowoff portion (As best understood, Figure 2, the passages run substantially parallel to the inner wall of the blowout nozzle).
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Examiner’s Annotated Figure 2
Regarding claim 2, Downham discloses the blowoff nozzle according to claim 1 wherein the flow passage member (2) includes an opening portion (Examiner’s Annotated Figure 2) from which the air is blown out and which is formed in a surface facing the blowoff portion (Examiner’s Annotated Figure 2).
Regarding claim 3, Downham discloses the blowoff nozzle according to claim 2 wherein the blowoff portion and the opening portion overlap at least partially in a plan view in which the blowoff nozzle is viewed from a film running surface (Examiner’s Annotated Figure 2, In looking into the nozzle from a plan view the opening portion and blow off portion overlap).
Regarding claim 4, Downham discloses the blowoff nozzle according to claim 2 wherein the opening portion is inside the blowoff portion in a plan view in which the blowoff nozzle is viewed from a film running surface (Examiner’s Annotated Figure 2, In looking into the nozzle from a plan view the opening portion will be within the edges of the blowoff portion).
Regarding claim 5, Downham discloses the blowoff nozzle according to claim 2 wherein a center line of the blowoff portion and a center line of the opening portion overlap in a cross-sectional view in which the blowoff nozzle is viewed in a film width direction (Examiner’s Annotated Figure 2).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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