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 Objections
Claim 4 is objected to because of the following informalities: Claim 4 states “the plurality of cutting means are independently move up and down”, which is improper grammar . Examiner suggests changing this to read “the plurality of cutting means are independently moveable up and down”. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: Claim 5 states “a plurality of elastic member”, which is improper grammar . Examiner suggests changing this to read “a plurality of elastic members”. Appropriate correction is required.
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.
Claims 1-3, 14-19, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Jae Jung Yoon (KR 20190138507 A – hereinafter Yoon) in view of Byung Chun Jung (KR 20210097495 A – hereinafter Jung).
Regarding claim 1, Yoon teaches a film cutting device for cutting a cover film (Fig. 1, Film F) attached to a container (Fig. 1, container comprised of Containers 10) including a plurality of chambers (Fig. 1, Containers 10), the film cutting device comprising: a base frame (Fig. 3, Driving Plate 610); a pressing module (Fig. 3, Part 300) coupled to the base frame to be movable in a vertical direction (Fig. 3; Page 6 Para 2), the pressing module being configured to move down and press downward the chambers located in both lateral portions of the container (Fig. 15; Page 6 Para 5); and a cutting module (Fig. 3, cutting module comprised of Cutter Body 510), wherein the cutting module includes a plurality of cutting means (Fig. 3, cutting means comprising Cutter Body 510) capable of cutting the cover film attached to the container, and the cover film is cut while the pressing module presses the chamber of the container (Fig. 15; Page 8 Para 2 – the two move down together, and so the pressing module would be held back by contact with the container as the cutting module continues to move down and make a cut). Yoon does not teach that the plurality of chambers are detachably connected to one other, however Yoon does not need to disclose details related to the container or film as the inclusion of the material or article being worked upon by a structure does not impart patentability to the claims In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see MPEP 2115.
Yoon does not teach a transfer module coupled to at least one of the pressing module and the base frame, the cutting module being coupled to the transfer module, and the transfer module is configured to move the cutting module in a longitudinal direction.
However, Jung teaches a film cutting device which has a transfer module (Fig. 4, transfer module comprised of Moving Unit 410) coupled to the base frame (Fig. 4, Support Bodies 210), the cutting module (Fig. 4, Cutting Member 490) being coupled to the transfer module, and the transfer module is configured to move the cutting module in a longitudinal direction (Fig. 4, direction along the path of Moving Guide Unit 310).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon to include the limitations of claim 1 above as taught by Jung. Doing so is beneficial as the force required to cut the film as well as quality defects are reduced (Jung; Page 3, Para 5).
Regarding claim 2, Yoon does not teach the film cutting device of claim 1, wherein the plurality of chambers are connected to each other so that the plurality of chambers are arranged in a transverse direction, however Yoon does not need to disclose details related to the container or film as the inclusion of the material or article being worked upon by a structure does not impart patentability to the claims In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see MPEP 2115.
Regarding claim 3, Yoon further teaches the film cutting device of claim 1, wherein the cutting module further includes a supporter (Fig. 3, Chamber 100) supporting the plurality of cutting means, and wherein each of the plurality of cutting means includes: a cutting frame (Fig. 3, Cutter Fixing Part 520) supported from the supporter to be able to move up and down with respect to the supporter (Page 4 Para 3); and a cutting blade (Fig. 3, Cutter Body 510) supported from the cutting frame.
Regarding claim 14, Yoon further teaches the film cutting device of claim 3, wherein the pressing module (Fig. 3, Part 300) includes: a plurality of pressing members (Fig. 3, Heater Body 310) are spaced apart from each other along a transverse direction of the cutting means (Fig. 3), the plurality of pressing members being capable of pressing an upper portion of the cover film (Fig. 15); and a pressing frame (Fig. 3, First Guide Part 320) supporting the plurality of pressing members, the pressing frame being configured to be movable in the vertical direction on the base frame (Page 6 Para 5), wherein the plurality of pressing members presses the cover film attached to the chambers (Fig. 1, Containers 10) located in both lateral portions of the container, when the pressing frame moves down.
Regarding claim 15, Yoon further teaches the film cutting device of claim 14, wherein the plurality of cutting means (Fig. 3, cutting means comprising Cutter Body 510, the plurality of cutting means not including the leftmost and rightmost Cutter Body 510) are spaced apart from each other by a predetermined distance between the plurality of pressing members so that each of the cutting blades is located between the chambers (Fig. 3).
Regarding claim 16, Yoon further teaches the film cutting device of claim 14, wherein the plurality of pressing members extend along the longitudinal direction, and each of the plurality of pressing members have a flat shape (Fig. 3, each of the Heater Body 310 is a 3-dimensional object, and therefore extends at least partially in the longitudinal direction. Further, the left and right outer sides of the Heater Body 310 are flat, which examiner interprets to be defining of a flat shape).
Regarding claim 17, Yoon further teaches the film cutting device of claim 3, wherein the plurality of chambers are arranged in a transverse direction (Fig. 3, where the transverse direction runs from left to right), and the cutting blade is configured to cut the cover film with a part of the cutting blade inserted between the plurality of chambers (Fig. 15).
Regarding claim 18, Yoon teaches a method of cutting a cover film of a container, the method comprising: (a) a preparation step of positioning a container in a film cutting device (Fig. 1, it is inherent that before a cut can be made, Containers 10 must somehow be placed and positioned inside of the film cutting device); wherein the container includes a plurality of chambers (Fig. 1, Containers 10), and the film cutting device comprising: a base frame (Fig. 3, Driving Plate 610); a pressing module (Fig. 3, Part 300) coupled to the base frame to be movable in a vertical direction (Fig. 3; Page 6 Para 5), the pressing module being configured to move down and press downward the chambers located in both lateral portions of the container (Page 8 Para 2 – the two move down together, and so the pressing module would be held back by contact with the container as the cutting module continues to move down and make a cut); and a cutting module (Fig. 3, cutting module comprised of Cutter Body 510), wherein the cutting module includes a plurality of cutting means (Fig. 3, cutting means comprising Cutter Body 510) capable of cutting the cover film (Fig. 1, Film F) attached to the container, and the cover film is cut while the pressing module presses the chamber of the container (Fig. 15; Page 8 Para 2 – the two move down together, and so the pressing module would be held back by contact with the container as the cutting module continues to move down and make a cut), (b) a pressing step of pressing the chambers located in both lateral portions of the container by moving down the pressing module (Page 8 Para 2 – the two move down together, and so the pressing module would be held back by contact with the container as the cutting module continues to move down and make a cut); and (c) a cutting step of cover film attached to the container after the cutting module is moved (Fig. 15; Page 4 Para 2). Yoon does not teach that the plurality of chambers are detachably connected to one other, however Yoon does not need to disclose details related to the container or film as the inclusion of the material or article being worked upon by a structure does not impart patentability to the claims In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see MPEP 2115.
Yoon does not teach a transfer module coupled to at least one of the pressing module and the base frame, that the cutting module is coupled to the transfer module, and wherein the transfer module is configured to move the cutting module in a longitudinal direction.
However, Jung teaches a film cutting device which has a transfer module (Fig. 4, transfer module comprised of Moving Unit 410) coupled to the base frame (Fig. 4, Support Bodies 210), the cutting module (Fig. 4, Cutting Member 490) being coupled to the transfer module, and the transfer module is configured to move the cutting module in a longitudinal direction (Fig. 4, direction along the path of Moving Guide Unit 310).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon to include the limitations of claim 1 above as taught by Jung. Doing so is beneficial as the force required to cut the film as well as quality defects are reduced (Jung; Page 3, Para 5).
Regarding claim 19, Yoon further teaches the method of claim 18, wherein (c) the cutting step is performed after (b) the pressing step (Fig. 14 and Fig. 15).
Regarding claim 20, the existing combination of Yoon and Jung already teaches the method of claim 18, wherein (c) the cutting step includes: a first cutting step where the cutting module cuts a rear end of the cover film; and a second cutting step where the cutting module cuts the cover film between the plurality of chambers, wherein the cutting module is moved forward so that the cover film is cut from the rear end of the cover film, and the cutting module includes a cutting blade (Fig. 1, rejection of claim 1 above – Jung teaches translation of the cutting blade across a workpiece to cut a film, which in combination with the blades of Yoon which reside between the chambers results in the step above, where examiner defines the rear end of the film as the end where the cutting action begins), and wherein the cutting blade moves up more in the second cutting step than the first cutting step (examiner regards this as a recitation of intended use, and finds that the device of Yoon and Jung would be capable of moving up more in the second cutting step in response to the shape of the film and chambers).
Regarding claim 22, Yoon further teaches the method of claim 18, wherein the pressing module includes a plurality of pressing members (Fig. 3, Heater Body 310) spaced apart from each other along a transverse direction (Fig. 3) of the cutting means, wherein the container includes a plurality of chambers arranged in the transverse direction (Fig. 15), and wherein in (b) the pressing step, the plurality of pressing members press the cover film attached to chambers, which is located in both lateral portions of the container, among the plurality of chambers by moving down the plurality of pressing members (Fig. 15; Page 8 Para 2 – the two move down together, and so the pressing module would be held back by contact with the container as the cutting module continues to move down and make a cut).
Regarding claim 23, the existing combination of Yoon and Jung already teaches the method of claim 22, wherein in (c) the cutting step, the transfer module moves the cutting module between the plurality of pressing members (See the rejection of claim 1 – the cutting modules of Yoon are located between the Containers 10), and the transfer module cuts the cover film attached to the container (See the rejection of claim 1 above – the movement of the transfer module leads to the film being cut).
Claims 4-13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Jae Jung Yoon (KR 20190138507 A – hereinafter Yoon) in view of Byung Chun Jung (KR 20210097495 A – hereinafter Jung) as applied to claims 3 and 20 above, and further in view of Yang-kai Zhan (CN 112549157 A – hereinafter Zhan).
Regarding claim 4, Yoon teaches the film cutting device of claim 3, wherein the plurality of cutting means (Fig. 15) are spaced apart from each other and are supported from the supporter (Fig. 3, Chamber 100).
The existing combination of Yoon and Jung does not teach that the plurality of cutting means are independently moveable up and down relative to each other.
However, Zhan teaches a cutting device wherein a plurality of cutting means (Fig. 1, Cutting Knife 89) are independently moveable up and down relative to teach other (Fig. 3, Clamping Block 84 allows for the insertion or removal of each assembly containing Knife 89 via movement up or down; Page 5, Last Para).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon and Jung to include the limitations of claim 4 above as taught by Zhan. Doing so is beneficial as it allows for quick installation and assembly (Zhan; Page 5, Last Para).
Regarding claim 5, the existing combination of Yoon and Jung does not teach the film cutting device of claim 3, wherein the cutting module further includes a plurality of elastic member providing a restoring force to the cutting frame so that the cutting blade is pressed toward the container.
However, Zhan teaches a cutting device wherein the cutting module further includes a plurality of elastic members (Fig. 3, Elastic Piece 85) providing a restoring force to the cutting frame (Fig. 1, cutting frame comprised of Fixing Piece 88 and Mounting Cylinder 81) so that the cutting blade is pressed toward the container (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon and Jung to include the limitations of claim 5 above as taught by Zhan. Doing so is beneficial as it provides support for the mounting mechanism of the cutting blade (Zhan; Page 5, Last Para).
Regarding claim 6, the existing combination of Yoon, Jung, and Zhan already teaches a cutting device wherein one side of the elastic member is supported from a supporter (Fig. 3, Clamping Block 84), and the other side of the elastic member is supported from the cutting frame (Fig. 3, Mounting Cylinder 81).
Regarding claim 7, Yoon further teaches the film cutting device of claim 5, wherein a stopper (Fig. 3, Second Guide Part 530) is provided to at least one of the cutting frame and the supporter (Fig. 3), and the stopper prevents the cutting frame from being separated from the supporter (Fig. 3; it can be seen that the structure of Second Guide Part 530 is such that the cutting frame and support are prevented from separating).
Regarding claim 8, Yoon further teaches the film cutting device of claim 7, wherein the stopper is protruded upward from the cutting frame (Fig. 3, portion of 530 connected to and extending upward from Cutter Fixing Part 520), and the stopper is supported from the supporter (Fig. 3, supported from Chamber 100 via bushing) when the cutting frame is relatively moved down with respect to the supporter.
Regarding claim 9, the existing combination of Yoon and Jung does not teach the film cutting device of claim 3, wherein the cutting blade is supported from the cutting frame so that the cutting blade is rotatable.
However, Zhan teaches a cutting device wherein the cutting blade (Fig. 1, Cutting Knife 89) is support from the cutting frame (Fig. 1, cutting frame comprised of Fixing Piece 88) so that the cutting blade is rotatable (Fig. 1; Page 6 Para 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon and Jung to include the limitations of claim 9 above as taught by Zhan. Doing so is beneficial as it avoids the workpiece adhering to the blade (Zhan; Page 6 Para 2).
Regarding claim 10, the existing combination of Yoon, Jung, and Zhan already teaches the film cutting device of claim 9, wherein the cutting module is moved forward so that the cover film is cut from a rear end of the cover film (See the rejection of claim 1 above. Examiner defines a rear end of the cover film as the end which is first cut by the cutting module). Regarding the limitation wherein the cutting blade moves up more when cutting the cover film between the plurality of chambers than when cutting the rear end of the cover film, the examiner interprets this to be a recitation of intended use, and finds that the cutting blade of the combination of Yoon, Jung, and Zhan is capable of being moved up more when cutting the cover film between the plurality of chambers than when cutting the rear end of the cover film.
Regarding claim 11, the existing combination of Yoon, Jung, and Zhan already teaches wherein while the cutting module is moved forward, the cutting blade cuts a part of the rear end of the cover film and is rotated by being in contact with an upper end of the chamber (Rejection of claims 1 and 9 above – examiner interprets this claim to be a recitation of intended use, and finds that the device of the combination of Yoon, Jung, and Zhan is capable of cutting a rear end of the cover film while moving forward in addition to being rotated by contact with an upper end of a chamber).
Regarding claim 12, Yoon further teaches the film cutting device of claim 11, wherein the cutting blade includes: a cutting edge (Fig. 3, lower cutting edge of Cutter Body 510) provided at an end of the cutting blade (Fig. 3, Cutter Body 510); and an inclined surface (Fig. 3, right lower surface of Cutter Body 510 which is inclined) extending from the cutting edge toward a rotation axis of the cutting blade (Examiner interprets that in combination Zhan with Yoon to teach a rotating blade, the axis of rotation would remain at the center of the blade in a vertical direction, towards which the inclined surface of Yoon extends), wherein the inclined surface is inclined with respect to a direction that is perpendicular to a direction of the rotation axis (Examiner interprets that the rotation axis of Zhan would remain the rotation axis of Yoon, being the horizontal direction. The inclined surface of Yoon extends in a vertical direction, which is perpendicular to the horizontal direction). Examiner interprets that “wherein when the cutting edge cuts the cover film, the inclined surface is in contact with the upper end of the chamber” is a recitation of intended use, and that the device of Yoon, Jung, and Zhan is capable of performing such an action.
Regarding claim 13, the existing combination of Yoon, Jung, and Zhan does not teach the film cutting device of claim 9, wherein the cutting blade has a circular shape.
However, Zhan further teaches a cutting blade which has a circular shape (Fig. 1, Cutting Knife 89; ).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon, Jung, and Zhan to include the limitations of claim 13 above as taught by Zhan as a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results In re Dailey et al., 149 USPQ 47.
Regarding claim 21, the existing combination of Yoon and Jung already teaches the method of claim 20, wherein the cutting blade is spaced apart from the chamber in the first cutting step (examiner interprets that at the beginning of translating forward to perform the act of cutting, most of the cutting blade is not touching nor located between the chambers).
The existing combination of Yoon and Jung does not teach the cutting blade is rotated by being in contact with an upper end of the chamber in the second cutting step.
However, Zhan teaches a cutting blade (Fig. 1, Cutting Knife 89) which is rotated by being in contact with the object(s) below the workpiece (Page 6 Para 2), the object(s) below the workpiece in Yoon and Jung during step two including the chamber.
Therefore, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Yoon and Jung to include the limitations of claim 21 above as taught by Zhan. Doing so is beneficial as it avoids the workpiece adhering to the blade (Zhan; Page 6 Para 2).
Conclusion
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/ELLA L KEENA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724