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
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/27/2026.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the following: “a blade portion configured to abut against the elongated body from the first surface side when viewed from the elongated body located along a virtual plane including the first clamping position and the second clamping position, between the first clamping position and the second clamping position by being clamped by the first clamping portion and the second clamping portion”. It is not entirely clear from reading the claim alone what is meant by this limitation, as it is worded in a confusing manner. After reviewing the specification and drawings, the examiner interprets that the Applicant intended this limitation to mean that the blade portion abuts the elongated body from the first surface side, and that the elongated body is located along a virtual plane which spans between the first clamping position and the second clamping position when the elongated body is being clamped by the first clamping portion and the second clamping portion. Applicant should reword this limitation so that the meaning within the claim can be clearly understood.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7, 9, 11, 12, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(a) as being anticipated by Katsuhide Aikawa (JP 2004114231 A – hereinafter Aikawa).
Regarding claim 1, Aikawa teaches a cutting device configured to cut and separate an elongated body (Fig. 1, Material 4) in a longitudinal direction of the elongated body, the elongated body having a sheet-like shape and including a first surface (Fig. 1, top surface as shown of Material 4) and a second surface (Fig. 1, bottom surface shown of Material 4) facing in a direction opposite to a direction in which the first surface faces, the cutting device comprising: a first clamping portion (Fig. 1, clamping portion comprising rightmost Pressing Member 9 and Conveyor 2) configured to clamp the elongated body at a first clamping position from a first surface side and a second surface side, respectively, when viewed from the elongated body; a second clamping portion (Fig. 1, clamping portion comprising leftmost Pressing Member 9 and Conveyor 3) located apart from the first clamping portion in the longitudinal direction and configured to clamp the elongated body at a second clamping position from the first surface side and the second surface side when viewed from the elongated body; a blade portion (Fig, 1, Cutter 7) configured to abut against the elongated body from the first surface side when viewed from the elongated body located along a virtual plane including the first clamping position and the second clamping position, between the first clamping position and the second clamping position by being clamped by the first clamping portion and the second clamping portion; a first pressing portion (Fig. 1, rightmost Strip Member 22) located on the second surface side when viewed from the elongated body located along the virtual plane between the first clamping position and the second clamping position; and a second pressing portion (Fig. 1, leftmost Strip Member 22) located away from the first pressing portion in the longitudinal direction and located on the second surface side when viewed from the elongated body located along the virtual plane between the first clamping position and the second clamping position, wherein the blade portion is configured to press-cut the elongated body when the blade portion enters between the first pressing portion and the second pressing portion while abutting on the first surface side of the elongated body and the first pressing portion and the second pressing portion presses the elongated body from the second surface side (Fig. 1 and 3, [0023]).
Regarding claim 2, Aikawa further teaches the cutting device according to claim 1, wherein the first pressing portion and the second pressing portion are located so as not to come into contact with the blade portion when the blade portion enters between the first pressing portion and the second pressing portion (Fig. 1 – Cutter 7 does not interfere with either of Strip Members 22).
Regarding claim 3, Aikawa further teaches the cutting device according to claim 1, wherein the blade portion includes a tip edge (Fig. 1, Blade Edge 7a) extending along a direction obliquely intersecting with respect to a planar direction of the virtual plane (Fig. 1, the virtual plane extends in the horizontal direction as shown, while the cutter extends in a direction neither parallel nor at a right angle to the virtual plane).
Regarding claim 4, Aikawa further teaches the cutting device according to claim 1, wherein the first pressing portion and the second pressing portion are configured to move relative to the virtual plane so as to approach the elongated body located along the virtual plane in advance before the blade portion abuts the elongated body (Fig. 1; [0023] – the cut is made once the Material 4 is put into a tensioned state via the relative movement of Strip Members 22).
Regarding claim 7, Aikawa further teaches the cutting device according to claim 1, wherein the first clamping portion (Fig. 1, clamping portion comprising rightmost Pressing Member 9 and Conveyor 2) includes a first wall portion (Fig. 1, top horizontal surface of Conveyor 2) located on one of the first surface side and the second surface side of the elongated body and having a relative position fixed with respect to the virtual plane, and a first pushing portion (Fig. 1, bottom face of rightmost Pressing Member 9) located on a side opposite to the first wall portion when viewed from the elongated body and configured to push the elongated body toward the first wall portion, the second clamping portion (Fig. 1, clamping portion comprising leftmost Pressing Member 9 and Conveyor 3) includes a second wall portion (Fig. 1, top horizontal surface of Conveyor 3) located on one of the first surface side and the second surface side of the elongated body and having a relative position fixed with respect to the virtual plane, and a second pushing portion (Fig. 1, bottom face of leftmost Pressing Member 9) located on a side opposite to the second wall portion when viewed from the elongated body and configured to push the elongated body toward the second wall portion, and the first pushing portion and the second pushing portion are configured to relatively move from positions apart from the first wall portion and the second wall portion toward the first wall portion and the second wall portion, respectively, to push the elongated body against the first wall portion and the second wall portion in advance before the blade portion abuts the elongated body, so that the elongated body is located along the virtual plane (Fig. 1; [0023]).
Regarding claim 9, Aikawa further teaches the cutting device according to claim 7, further comprising: a driving portion (Fig. 3, driving portion which utilizes movement along Frame 5a) connected to the blade portion and configured to move the blade portion relative to the virtual plane; a first elastic portion (Fig. 3, body of rightmost Pressing Member 9; [0004] – pressing member 9 is elastic) configured to connect the driving portion and the first pushing portion to each other (Fig. 3, the two are connected via Cylinder 8 and Frame 5); and a second elastic portion (Fig. 3, body of leftmost Pressing Member 9; [0004] – pressing member 9 is elastic) configured to connect the driving portion and the second pushing portion to each other (Fig. 3, the two are connected via Cylinder 8 and Frame 5), wherein the first pushing portion and the second pushing portion are located on the first surface side when viewed from the elongated body (Fig. 1), the first wall portion and the second wall portion are located on the second surface side when viewed from the elongated body (Fig. 1), and the first elastic portion and the second elastic portion are configured to be compressed along a moving direction (Fig. 3, direction B – the Members 9 are compressed downward along its entire length in the direction B) of the blade portion when the driving portion moves the blade portion to be located between the first pressing portion and the second pressing portion, in a state where the first pushing portion and the second pushing portion push the elongated body against the first wall portion and the second wall portion, respectively (Fig. 1 and Fig. 3; [0023] – the Members 9 compress and clamp down on the Material 4 before and during the cut made by the Cutter 7, which is when the Cutter moves sideways to be between the Member 9).
Regarding claim 11, Aikawa further teaches the cutting device according to claim 2, wherein the blade portion includes a tip edge (Fig. 1, Blade Edge 7a) extending along a direction obliquely intersecting with respect to a planar direction of the virtual plane (Fig. 1, the virtual plane extends in the horizontal direction as shown, while the cutter extends in a direction neither parallel nor at a right angle to the virtual plane).
Regarding claim 12, Aikawa further teaches the cutting device according to claim 2, wherein the first pressing portion and the second pressing portion are configured to move relative to the virtual plane so as to approach the elongated body located along the virtual plane in advance before the blade portion abuts the elongated body (Fig. 1; [0023] – the cut is made once the Material 4 is put into a tensioned state via the relative movement of Strip Members 22).
Regarding claim 15, Aikawa further teaches the cutting device according to claim 2, wherein the first clamping portion (Fig. 1, clamping portion comprising rightmost Pressing Member 9 and Conveyor 2) includes a first wall portion (Fig. 1, top horizontal surface of Conveyor 2) located on one of the first surface side and the second surface side of the elongated body and having a relative position fixed with respect to the virtual plane, and a first pushing portion (Fig. 1, bottom face of rightmost Pressing Member 9) located on a side opposite to the first wall portion when viewed from the elongated body and configured to push the elongated body toward the first wall portion, the second clamping portion (Fig. 1, clamping portion comprising leftmost Pressing Member 9 and Conveyor 3) includes a second wall portion (Fig. 1, top horizontal surface of Conveyor 3) located on one of the first surface side and the second surface side of the elongated body and having a relative position fixed with respect to the virtual plane, and a second pushing portion (Fig. 1, bottom face of leftmost Pressing Member 9) located on a side opposite to the second wall portion when viewed from the elongated body and configured to push the elongated body toward the second wall portion, and the first pushing portion and the second pushing portion are configured to relatively move from positions apart from the first wall portion and the second wall portion toward the first wall portion and the second wall portion, respectively, to push the elongated body against the first wall portion and the second wall portion in advance before the blade portion abuts the elongated body, so that the elongated body is located along the virtual plane (Fig. 1; [0023]).
Regarding claim 17, Aikawa further teaches the cutting device according to claim 15, further comprising: a driving portion (Fig. 3, driving portion which utilizes movement along Frame 5a) connected to the blade portion and configured to move the blade portion relative to the virtual plane; a first elastic portion (Fig. 3, body of rightmost Pressing Member 9; [0004] – pressing member 9 is elastic) configured to connect the driving portion and the first pushing portion to each other (Fig. 3, the two are connected via Cylinder 8 and Frame 5); and a second elastic portion (Fig. 3, body of leftmost Pressing Member 9; [0004] – pressing member 9 is elastic) configured to connect the driving portion and the second pushing portion to each other (Fig. 3, the two are connected via Cylinder 8 and Frame 5), wherein the first pushing portion and the second pushing portion are located on the first surface side when viewed from the elongated body (Fig. 1), the first wall portion and the second wall portion are located on the second surface side when viewed from the elongated body (Fig. 1), and the first elastic portion and the second elastic portion are configured to be compressed along a moving direction (Fig. 3, direction B – the Members 9 are compressed downward along its entire length in the direction B) of the blade portion when the driving portion moves the blade portion to be located between the first pressing portion and the second pressing portion, in a state where the first pushing portion and the second pushing portion push the elongated body against the first wall portion and the second wall portion, respectively (Fig. 1 and Fig. 3; [0023] – the Members 9 compress and clamp down on the Material 4 before and during the cut made by the Cutter 7, which is when the Cutter moves sideways to be between the Member 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.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Katsuhide Aikawa (JP 2004114231 A – hereinafter Aikawa) as applied to claims 4 and 12 above, and further in view of Yasuo Nishiyama (JP 2011173182 A – hereinafter Nishiyama).
Regarding claim 5, Aikawa does not teach the cutting device according to claim 4, wherein the first pressing portion and the second pressing portion are configured to move so as to approach the elongated body located on the virtual plane during at least a part of a time when the blade portion is moving toward the elongated body located along the virtual plane.
However, Nishiyama teaches a cutting device wherein the pressing portion (Fig. 3, bottom of Stamp S) is configured to move so as to approach the elongated body (Fig. 3, Film F) located on the virtual plane during at least a part of a time when the blade portion (Fig. 3, Blade 124) is moving toward the elongated body along the virtual plane.
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the invention of Aikawa such that the first pressing portion and the second pressing portion are configured to move so as to approach the elongated body located on the virtual plane during at least a part of a time when the blade portion is moving toward the elongated body located along the virtual plane as taught by Nishiyama. Doing so is beneficial as the blade portion and pressing portions being linked allows the compact use a single drive for both (Nishiyama; Page 4 Para 3 and 4).
Regarding claim 13, Aikawa does not teach the cutting device according to claim 12, wherein the first pressing portion and the second pressing portion are configured to move so as to approach the elongated body located on the virtual plane during at least a part of a time when the blade portion is moving toward the elongated body located along the virtual plane.
However, Nishiyama teaches a cutting device wherein the pressing portion (Fig. 3, bottom of Stamp S) is configured to move so as to approach the elongated body (Fig. 3, Film F) located on the virtual plane during at least a part of a time when the blade portion (Fig. 3, Blade 124) is moving toward the elongated body along the virtual plane.
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the invention of Aikawa such that the first pressing portion and the second pressing portion are configured to move so as to approach the elongated body located on the virtual plane during at least a part of a time when the blade portion is moving toward the elongated body located along the virtual plane as taught by Nishiyama. Doing so is beneficial as the blade portion and pressing portions being linked allows the compact use a single drive for both (Nishiyama; Page 4 Para 3 and 4).
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Katsuhide Aikawa (JP 2004114231 A – hereinafter Aikawa).
Regarding claim 6, Aikawa further teaches the cutting device according to claim 1, wherein the first clamping portion includes a first feeding portion (Fig. 1, Conveyor 2) configured to come into contact with the elongated body from at least one of the first surface side and the second surface side of the elongated body located at the first clamping position, and feed the elongated body toward the second clamping position, and a first supporting portion (Fig. 1, bottom face of rightmost Pressing Member 9) located on a side opposite to the first feeding portion when viewed from the elongated body and configured to clamp the elongated body together with the first feeding portion, the second clamping portion includes a second feeding portion (Fig. 1, Conveyor 3) configured to come into contact with the elongated body from at least one of the first surface side and the second surface side of the elongated body located at the second clamping position and feed the elongated body to a side opposite to the first clamping portion, and a second supporting portion (Fig. 1, bottom face of leftmost Pressing Member 9) located on a side opposite to the second feeding portion when viewed from the elongated body and configured to clamp the elongated body together with the second feeding portion.
Aikawa does not teach a speed at which the elongated body is fed by the second feeding portion is faster than a speed at which the elongated body is fed by the first feeding portion. However, there is no evidence of record that establishes that changing relative speeds of the two feeding portions would result in a difference in function of the Aikawa device. Further, a person having ordinary skill in the art, being faced with modifying the feeding portions of Aikawa, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed relative speeds. Lastly, applicant has not disclosed that the claimed speed range solves any stated problem, indicating that the speed of the second feeding portion simple “is” greater than the speed of the first speeding portion (specification at para [0011]) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Regarding claim 14, Aikawa further teaches the cutting device according to claim 2, wherein the first clamping portion includes a first feeding portion (Fig. 1, Conveyor 2) configured to come into contact with the elongated body from at least one of the first surface side and the second surface side of the elongated body located at the first clamping position, and feed the elongated body toward the second clamping position, and a first supporting portion (Fig. 1, rightmost Pressing Member 9) located on a side opposite to the first feeding portion when viewed from the elongated body and configured to clamp the elongated body together with the first feeding portion, the second clamping portion includes a second feeding portion (Fig. 1, Conveyor 3) configured to come into contact with the elongated body from at least one of the first surface side and the second surface side of the elongated body located at the second clamping position and feed the elongated body to a side opposite to the first clamping portion, and a second supporting portion (Fig. 1, leftmost Pressing Member 9) located on a side opposite to the second feeding portion when viewed from the elongated body and configured to clamp the elongated body together with the second feeding portion.
Aikawa does not teach a speed at which the elongated body is fed by the second feeding portion is faster than a speed at which the elongated body is fed by the first feeding portion. However, there is no evidence of record that establishes that changing relative speeds of the two feeding portions would result in a difference in function of the Aikawa device. Further, a person having ordinary skill in the art, being faced with modifying the feeding portions of Aikawa, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed relative speeds. Lastly, applicant has not disclosed that the claimed speed range solves any stated problem, indicating that the speed of the second feeding portion simple “is” greater than the speed of the first speeding portion (specification at para [0011]) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Katsuhide Aikawa (JP 2004114231 A – hereinafter Aikawa) as applied to claims 7 and 15 above, and further in view of Ming-Yue Liang et al. (CN 110591578 A – hereinafter Liang).
Regarding claim 8, Aikawa does not teach the cutting device according to claim 7, further comprising a conveying mechanism configured to convey the elongated body along the longitudinal direction from a side opposite to the second clamping portion when viewed from the first clamping portion in order to locate the elongated body at the first clamping position and the second clamping position, wherein when the conveying mechanism conveys the elongated body, the first pushing portion and the second pushing portion are located so as not to push the elongated body against the first wall portion and the second wall portion, respectively.
However, Liang teaches a cutting device comprising a conveying mechanism (Fig. 2, Conveying Mechanism 2) configured to convey the elongated body along the longitudinal direction from a side opposite to the second clamping portion (Fig. 3, Clamping Mechanism 3) when viewed from the first clamping portion (Fig. 3, Fixing Plate 17) in order to locate the elongated body at the first clamping position and the second clamping position (Page 8, second to last paragraph), wherein when the conveying mechanism conveys the elongated body, the first pushing portion (Fig. 3, Pressing Plate 172) and the second pushing portion (Fig. 4, Plate 33) are located so as not to push the elongated body against the first wall portion (Fig. 3, Clamping Groove 171) and the second wall portion (Fig. 4, Plate 34), respectively (Page 9 last para and Page 10 para 1-3 – the conveying mechanism finishing moving the tape to the cutting position before 172 and 33 are actuated to push against their respective wall portions).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the invention of Aikawa to include the limitations of claim 8 above. Doing so is beneficial as the conveying mechanism can automatically locate the workpiece at the clamping portions for each cycle without affecting the cutting operation (Liang; Page 9 last para and Page 10 first para).
Regarding claim 16, Aikawa does not teach the cutting device according to claim 15, further comprising a conveying mechanism configured to convey the elongated body along the longitudinal direction from a side opposite to the second clamping portion when viewed from the first clamping portion in order to locate the elongated body at the first clamping position and the second clamping position, wherein when the conveying mechanism conveys the elongated body, the first pushing portion and the second pushing portion are located so as not to push the elongated body against the first wall portion and the second wall portion, respectively.
However, Liang teaches a cutting device comprising a conveying mechanism (Fig. 2, Conveying Mechanism 2) configured to convey the elongated body along the longitudinal direction from a side opposite to the second clamping portion (Fig. 3, Clamping Mechanism 3) when viewed from the first clamping portion (Fig. 3, Fixing Plate 17) in order to locate the elongated body at the first clamping position and the second clamping position (Page 8, second to last paragraph), wherein when the conveying mechanism conveys the elongated body, the first pushing portion (Fig. 3, Pressing Plate 172) and the second pushing portion (Fig. 4, Plate 33) are located so as not to push the elongated body against the first wall portion (Fig. 3, Clamping Groove 171) and the second wall portion (Fig. 4, Plate 34), respectively (Page 9 last para and Page 10 para 1-3 – the conveying mechanism finishing moving the tape to the cutting position before 172 and 33 are actuated to push against their respective wall portions).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the invention of Aikawa to include the limitations of claim 8 above. Doing so is beneficial as the conveying mechanism can automatically locate the workpiece at the clamping portions for each cycle without affecting the cutting operation (Liang; Page 9 last para and Page 10 first para).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLA LORRAINE KEENA whose telephone number is (571)272-1806. The examiner can normally be reached 7:30am - 5:00 pm ET.
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/ELLA L KEENA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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