DETAILED ACTION
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 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The suction means is interpreted as a vacuum source.
The blowing means is interpreted as a compressed air source.
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-5, 10-13 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.
Claim limitations “the thermal conditioning means” and “means for modifying the orientation” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The examiner was unable to locate a disclosure of a specific structure for the thermal conditioning means, and thus, this term is indefinite. To the extent, the examiner can determine the thermal conditioning means is just ether the suction and blowing means as the specification discloses “the blowing means and the suction means comprise the thermal conditioning means. In other words, the suction and blowing means can be activated selectively and used for adjusting the temperature of the transport element 7 during its movement during the closed path.” The examiner was unable to find a noted structure within the specification for the “means for modifying the orientation.”
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Additionally, the specification appears to state that thermal conditioning means can just be the blowing and suction means, “the blowing means and the suction means comprise the thermal conditioning means. In other words, the suction and blowing means can be activated selectively and used for adjusting the temperature of the transport element 7 during its movement during the closed path.” Which creates another ambiguity because it is unclear if the thermal conditioning means is an additional structure to the blowing means and suction means or not.
Claim 12 recites the limitation "central body.” There is insufficient antecedent basis for this limitation in the claim.
Claims 3, 5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The specification appears to state that thermal conditioning means can just be the blowing and suction means, “the blowing means and the suction means comprise the thermal conditioning means. In other words, the suction and blowing means can be activated selectively and used for adjusting the temperature of the transport element 7 during its movement during the closed path.” Which creates another ambiguity because it is unclear if the thermal conditioning means is just the blowing means and suction means which would mean this limitation would fail to further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102/103
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.
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) 1-13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Aldigheri (IT 201900018965 or WO 2021/074887 with US 2023/0068378 utilized as translation).
As to claim 1, Aldigeri teaches an apparatus (1) comprising: - a dispensing device (2) for dispensing at least one polymeric material [0034-0037]; a severing element (50) for severing a dose of polymeric material from the polymeric material dispensed by the dispensing device (2) [0147]; - a mould (6) comprising at least two half-moulds (6, 28, 29) wherein at least one of said half-moulds is movable towards the other [0065] so as to compression mould an object from said dose [0061]; - at least one transport element (9), movable along a closed path defined between the dispensing device (2) and the mould (6) [0069, 0070], configured for picking up the dose from the dispensing device (2) and, subsequently, releasing the dose in the mould (6) [0069, 0070], said transport element (9) being configured to perform a rotational movement about its own axis, transversal to said closed path, for rotating between a first orientation, with which the dose is received by the transport element (7), and a second orientation with which the dose is released into the mould (6) [0019, Fig 6]; - suction means and blowing means connected or connectable to said transport element (9) and selectively activatable, respectively, for retaining the dose on the transport element (7) or releasing the dose (4) into the mould (6, 28, 29) [0163, 0154, Fig 8], said transport element (9) comprising a pushing element (53), provided with a contact surface, and a transport surface designed to define a contact with the dose and defined by the contact surface (54) and by a surrounding surface (55) of the transport element (7) which surrounds the pushing element (10) [0160-0163, Fig 9], wherein said pushing element (10) is movable between a retracted position, wherein the contact surface (54) is positioned flush with the surrounding surface (53), and a protruding position wherein the contact surface protrudes relative to the surrounding surface to release the dose into said mould [0161]. Aldigeri notes pushing element comprising be provided with some connection to the suction means and to the blowing means in such a way as to define, selectively, a fluid communication between the dose and said suction means, for retaining the dose (4), or said blowing means, for releasing the dose, on said contact surface [0163] and the only provided example of such an embodiment are a plurality of passage holes on the contact surface [0154, Fig 8] which infers that passageways on the contact surface of pushing element is the intended embodiment of [0163]. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention and included passageways connected to blowing and vacuum means, as suggested by Aldigeri, in order to “allows the conveying surface to be kept clean, that is to say, free of any residues of polymeric material, and to avoid that the conveying surface is excessively heated due to the heat released from the dose” [0154].
As to claim 2, Aldigeri teaches the pushing element and which can be selectively activated to move said pushing element between said retracted position and said protruding position in communication with the suction and blowing means as explained above and therefore must be within a guide of some sort in order to be displaceable in this manner. As the pushing means is slidable has air passages through it as explained above, the force of the air would displace the pushing means at least somewhat which would make the suction and blowing means in communication with a mechanism of the displacement.
As to claim 3, Aldigeri teaches the transport element is provided with thermal conditioning means for thermally conditioning the dose during transport and/or the transport element along the closed path as it is connected to the blowing and suction means [0069, 0070, 0154, Fig 6].
As the specification of the instant application states: “the blowing means and the suction means comprise the thermal conditioning means. In other words, the suction an air d blowing means can be activated selectively and used for adjusting the temperature of the transport element 7 during its movement during the closed path.” As the thermal conditioning just results from how the suction and blowing means are utilized, this feature is just an intended use. The manner of operating a device does not differentiate an apparatus claim from the prior art, see MPEP 2114 II.
As to claim 4, Aldigeri teaches thermal conditioning means are defined by an inner duct surrounding said pushing element (the entrances of the ducts are either side of the pushing elements and therefore do surround it) and placed in fluid communication with a source of air or water (the compressed air source of the blowing means ) [0154, 0155, Fig 8, 9].
As to claim 5, Aldigeri teaches suction means and said blowing means comprise said thermal conditioning means as the thermal conditioning means are just the suction and blowing means as explained above.
As to claim 6, Aldigeri teaches plurality of passage holes is distributed on a perimeter portion of the contact surface [Fig 8].
As to claim 7, Aldigeri teaches the severing elementis included or defined on an end for picking up the dose (4) of the transport element [0149, 0158, Fig 6, 8, 9].
As to claim 8, Aldigeri said transport element (7) is made in the form of a blade or a knife [0149, 0158, Fig 6, 8, 9].
As to claim 9, Aldigeri teaches a pushing element is made in the form of a piston defining a contact surface having a circular or square shape [Fig 9].
As to claim 10, Aldigeri teaches a transport device (8) provided with a central support (13), rotatable about its own axis and configured for moving said at least one transport element (9) along said closed path, and means for modifying the orientation (the rotatable axis near 37) configured for moving said transport element (9) between the first orientation and the second orientation [Fig 6, 0164].
As to claim 11, Aldigeri teaches a central support (13) is configured for supporting a plurality of transport elements (9) and said means (rotatable axis corresponding to 37) for modifying the orientation are configured for selectively moving each transport element (9) between the first orientation and the second orientation along the closed path when a respective transport element (9) is close to the dispensing device (2) or said mould (6) [Fig 6, 0164].
As to claim 12, Aldigeri teaches a wherein each transport element (9) is connected to an arm (36) supported by the central support (13) and the means (37) for modifying the orientation are configured for rotating each transport element (9) about said arm (36) coinciding with the axis of rotation [Fig 6, 0164].
As to claim 13, said dispensing device (2) is configured for dispensing a dose (4) which is parallelepiped in shape [0122] and wherein one of said half-moulds (28) has an upper end delimited by a substantially flat zone for supporting the dose [Fig 6].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMAND MELENDEZ whose telephone number is (571)270-0342. The examiner can normally be reached 9 AM- 6 PM Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARMAND MELENDEZ/Primary Examiner, Art Unit 1759
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