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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, “comet cone packages” fails to comply with the written description requirement because the disclosure does not support the limitation. The specification and drawings do not disclose “comet cone packages”.
Regarding claims 2-10, claims 2-10 are rejected because they depend from rejected claim 1.
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 1-10 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.
Regarding claim 1, “the package”, “the package bobbin”, “the same” in lines 7, 9, 11, 13, 15, and 22, “the end”, “the press movement arm”, and “the rear side” lacks antecedent basis.
Additionally, “such as comet cone packages, paper cups, paper buckets, etc.” is indefinite because it is unclear if this limitation is required by the claim and how many product types are included in the example of products being crimped. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, “such as comet cone packages, paper cups, paper buckets, etc” is being interpreted as an optional limitation.
Moreover, “stretches the same” in line 7 and 9, “straightens the same” in line 11, 13, and 15, and “prevents the same” in lines 21-22 are indefinite because it is unclear what “the same” refers to. For examination purposes, “the same” is being interpreted to mean “the package”.
Lastly, “it remains stretched” and “turns it into a specially formed package slice” are indefinite because it is unclear what “it” refers to. For examination purposes, “it remains stretched” and “turns it into a specially formed package slice” is being interpreted to mean “the package remains stretched” and “turns the package into a specially formed package slice”.
Regarding claim 2, “the opening speed” lacks antecedent basis.
Regarding claim 3, “the edges” lacks antecedent basis.
Regarding claim 4, “the stretch” lacks antecedent basis.
Regarding claim 5, “the flatness” lacks antecedent basis.
Regarding claim 6, “the up and down movement” lacks antecedent basis.
Regarding claim 7, “the press movement arm” lacks antecedent basis.
Regarding claims 2-10, “A package cutting machine” is indefinite because it is unclear if “A package cutting machine” in claims 2-10 is the same as “A package cutting machine” in claim 1. For examination purposes, “A package cutting machine” in claim 1 is being interpreted as “The package cutting machine”.
Allowable Subject Matter
Claims 1-10 are currently free from prior art, however, a subsequent prior art rejection may be made in view of Applicant’s amendments submitted to overcome the above rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chang (CN 103625974 A) teaches a package cutting machine comprising: a lower opening cylinder and an upper opening cylinder, a lower stretching cylinder, an upper stretching cylinder, a lower straightening cylinder, an upper straightening cylinder, a flattening cylinder, and a slicing press.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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