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 .
Drawings
The drawings are objected to because of the following reasons: • reference character “30” for indicating “at least one pressure element” does not appear to be shown in the drawings. • reference character “40” points to what appears to be a support structure for a continuous flexible blade (e.g., looped band saw) but does not appear to identify “at least one cutter.” Reference Character “34” points to what appears to be a belt on one of the pullies with different diameters associated with “at least first driving element” (32). According to page 7, lines 9-10 of Applicant’s Specification, “[t]here may be a belt-pulley (34) mechanism between said second drive element (37) and the spline shaft (35).”
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The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the features cancelled from the claims: In claim 1, lines 4-5, “at least one pressure element positioned on the transport element” In claim 1, line 6, “at least one cutter” No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-10 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. Note: The following 112 rejections highlight a recurring issue, i.e., structural limitations are initially introduced as “at least one [feature]” and subsequently referred to as “the [feature].” It is unclear if the subsequent recitations are, in fact, further defining the previously introduced “at least one [feather].” Claim 1, line 1 recites, “[a] cutting machine to allow cutting of flexible materials.” The recitation of “to allow” renders the claim indefinite because it is a functional recitation describing a capability of the cutting machine rather than structural features. Does the body of the claim provide clear structural support? Does the body of the claim limit the scope to a specific, definite structure? Claim 1, lines 4-5 recite, “at least one pressure element positioned on the transport element.” It is unclear what can or cannot be included within the scope of “on the transport element.” The “at least one pressure element” (30) is supported by struts (12) which appear to be on the ground rather than “on the transport element.” Struts (12) hold “at least one pressure element” in position over or above the transport element [emphasis added]. For purposes of examination, “at least one pressure element positioned on the transport element” will be interpreted as being positioned over or above the transport element. Claim 1, line 6 recites, “at least one cutter to allow the cutting of flexible material.” This limitation has the following issues: • The recitation of “to allow” renders the claim indefinite because it is functional language describing capabilities rather than structural features. Does this limitation limit the scope of the claim to a specific, definite structure? • The recitation of “the cutting of flexible material” appears to introduce a separate and distinct workpiece with respect to the previous recitations of “to allow cutting of flexible materials” (claim 1, line 1) and “at least one pressure element … configured to at least partially compress the flexible material” (claim 1, lines 4-5). It is unclear if “the cutting of flexible material” is further defining the previously introduces “flexible materials.” Claim 1, line 7 recites, “at least one guiding element to allow the cutter to perform precise cutting.” This limitation has the following issues: • The recitation of “to allow” renders the limitation indefinite because it merely indicates the “at least one guiding element [can perform the function of allowing] the cutter to perform precise cutting.” It is unclear what specific structure is being claimed for performing the function. • As currently written, there is insufficient antecedent basis in the claim for “the cutter.” It is unclear if “the cutter” is referring to one of the “at least one cutter” or to another, separate and distinct cutter that has not yet been introduced in the claim. • It is unclear what can or cannot be considered “precise cutting.” Does the word “precise” intend to specify the cutter can be adjusted? What level of control and/or guidance is required in order “to perform precise cutting.” Claim 1, lines 9-11 recite, “the pressure element (30) comprises at least one pressure area (Al) to hold the flexible material by applying pressure and at least one working area (A2) that allows movement of the guiding element (41) to allow the precise cutting of the flexible material.” This limitation has the following issues: • As currently written, there is insufficient antecedent basis in the claim for “the pressure element.” It is unclear if “the pressure element” is further defines “at least one pressure element.” It is unclear if “at least one pressure area” and “at least one working area” are formed by the plurality of pressure elements or if one pressure element (i.e., the pressure element) can have more than one pressure element and more than one working area. • As currently written, there is insufficient basis in the claim for “the guiding element.” It is unclear if the guiding element is one of the previously introduced “at least one guiding element” or a separate guiding element. Claim 1, lines 12-13 recite, “the pressure element comprises at least one plate positioned to apply pressure to the flexible material in the pressure area.” It is unclear if “the pressure element” here is further defining one of the previously recited “at least one pressure element[s].” It is unclear if Applicant intends for the claim to include a cutting machine with a plurality of pressure elements, each having a plurality of plates, or if each plate constitutes one of the plurality of pressure elements (i.e. in a case in which there is more than one pressure elements). Claim 1, lines 14-15 recite, “the plate is configured to move at least partially on a first axis parallel to the ground and on a third axis positioned perpendicular to the first axis.” As currently written, the recitation of “a first axis” is not fully constrained, i.e., a first axis being parallel to the ground could be arranged parallel to (an unclaimed) transmission direction of the “at least one transport element” or perpendicular thereto so as to extend laterally or orthogonal to the transmission direction. Additionally, the recitation of “a third axis” is only defined as being “positioned perpendicular to the first axis,” such that “a third axis” could either extend horizontally or vertically. For purposes of examination, the first axis and the third axis will be interpreted as defining a horizontal plane. Claim 2 recites, “there is a plurality of plates and each of the plurality of plates is configured to move relative to each other.” The recitation of “a plurality of plates” introduces another set of plates that is separate and distinct from “at least one plate.” It is unclear if “a plurality of plates” (claim 2) is referring to an embodiment of the previously defined “at least one plate” (claim 1, line 12) which includes more than one plate, e.g., two or more plates [emphasis added]. Claim 3 recites, “the plurality of plates comprise at least one first drive element, wherein the plurality of plates are connected to the first drive element.” As currently written, there is insufficient antecedent basis in the claim for “the first drive element.” It is unclear if “the first drive element” is referring to the previous recitation of “at least one first drive element” (claim 3, line 2) or to another first drive element. Claim 3, lines 5-6 recite, “the first drive element comprises a pulley of different diameters connect to each of the plurality of plate to allow movement transmission.” It is unclear if one pulley has multiple, different diameters or if the first drive element includes multiple pulleys, each having a different diameter. Claim 4 recites, “wherein each plate comprises at least one spline bearing and the spline bearings are positioned side by side on at least one spline shaft.” As currently written, the recitation of “each plate” suggests there is more than one plate, i.e., a plurality of plates. However, there is insufficient antecedent basis in the claims for “each plate.” As currently written, claim 1, line 12 recites, “the pressure element comprises at least one plate,” meaning there could be one plate or more than one plate (i.e., a plurality of plates). Subsequently, claim 1, line 14 appears to limit the scope to one plate, i.e., “the plate is configured to moved at least partially on a first axis…” It is unclear if Applicant is claiming multiple bearings side by side on one plate or if side by side refers to a spline bearing on each of a plurality of plates arranged side by side. Claim 5 recites, “the spline shaft comprises at least one second drive element, wherein the spline shaft is connected to the second drive element to move the plate on the first axis by rotating around the spline shaft.” It is unclear what structure is rotating around the spline shaft; i.e., the spline shaft, the second drive element, or the plate?
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.
As best understood, claims 1, 2 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmitt et al (US Patent 7,621,704), herein referred to as Schmitt. Regarding claim 1, Schmitt discloses a cutting machine (e.g., fig. 1) to allow the cutting of flexible materials (e.g., foam), comprising: at least one transport element (2) where the cutting machine is placed, at least one pressure element (hold-down device 4) positioned on the transport element (fig. 1) and configured to at least partially compress the flexible material (col. 4, lines 4-8), at least one cutter (12) to allow the cutting of flexible material (para. 0024, lines 2-3; etc.), and at least one guiding element (Schmitt, para. 0013, lines 11-12) to allow the cutter (12) to perform precise cutting (col. 1, lines 54-61), wherein: the pressure element (4) comprises at least one pressure area (A1, i.e., the area of contact of each plate) to hold the flexible material by applying pressure and at least one working area (A2, i.e., i.e., gaps between hold-down plates 6-10) that allows movement of the guiding element (41) to allow the precise cutting of the flexible material (col. 3, lines 40-44), and the pressure element (4) comprises at least one plate (e.g., hold-down plate 6-10) positioned to apply pressure to the flexible material in said pressure area (Al), and said plate (6) is configured to move at least partially on a first axis (Schmitt, col. 3, lines 56-62) parallel to the ground and on a third axis (i.e., laterally) positioned perpendicular to the first axis (Schmitt, col. 3, lines 45-49).
Regarding claim 2, Schmitt discloses there is a plurality of plates (6-10) and each of the plurality of plates is configured to be moved relative to each other (col. 3, lines 44-49).
Regarding claim 6, Schmitt discloses wherein the transport element comprises at least one transport slide (e.g., “longitudinally displaceable table,” col. 3, lines 56-57) positioned on the first axis and at least one transport conveyor located on the transport slide (“and/or table with a table belt system,” col. 3, line 57).
Regarding claim 7, Schmitt discloses the guiding element is configured to be at least partially displaced on a
Regarding claim 8, Schmitt discloses the cutting machine comprises at least one chassis (machine frame 1 and structural portions of cutting assembly 3) for positioning the cutter (12) thereon (col. 4, lines 25-26).
Regarding claim 9, Schmitt discloses the chassis comprises at least one beam ( i.e., the structural portions of cutting assembly 3) and at least one strut (vertical portions of machine frame 1) on opposite sides of the beam (fig. 4).
Regarding claim 10, Schmitt discloses the flexible material is a mattress (Schmitt is capable of compressing a large portion of flexible material).
Status of Claims Rejected Under 35 U.S.C. 112 without Prior Art Rejections.
It is to be noted that claims 3-5 has not been rejected over prior art. It may or may not be readable over the prior art but allowability cannot be determined at this time in view of the issues under 35 USC § 112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moore et al (US Patent 2,204,904) discloses an adjustable hold-down device. Onsrud (US Patent 7,272,882) discloses a routing machine with hold-down mechanism. Rotter et al (US Publication 2003/0070524) discloses a cutting system for flexible materials. Miao (US Publication 2020/0391401) discloses a material distribution device for a sponge cutting machine. Munteanu (US Publication 2023/0415368) discloses a foam contour-cutting machine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571)272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 September 19, 2026
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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