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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: e302a, e302b. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: a302a, a302b. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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 limitation in Claim 1, line 8, “stress relief means” is being interpreted under 35 U.S.C. 112(f) as: “the stress relief means N includes a slit opening provided inside the first shaft portion and the second shaft portion” Paragraph [0055], lines 4-6; “the stress relief means N includes a first slit opening, a second slit opening, and a third slit opening formed in order in the vicinity of a lower end portion of the intermediate support shaft that rotatably supports the intermediate gear, the intermediate support shaft to which the intermediate gear is attached has a first shaft portion and a second shaft portion divided in a circumferential direction, the first shaft portion is provided in a first support portion disposed between the first slit opening and the second slit opening, and the second shaft portion is provided in a second support portion disposed between the second slit opening and the third slit opening” Paragraph [0057]; and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “a rotation transmission means” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4, and 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kai, Foreign Patent Document, WO2014065079.
Regarding independent claim 1, Kai discloses a transfer tool (Page 1, Description, line 1) that allows a transfer tape fed out from a feed reel to be wound onto a take-up reel via a transfer head (Page 2, lines 3-5), the transfer tool comprising a rotation transmission means having a plurality of rotation transmission members that have a disc shape and transmitting rotation of the feed reel to the take-up reel (113, 115, 116, Fig. 9), wherein each rotation transmission member is rotatably supported by a support shaft (111, 112, 211, Fig. 5), and wherein at least one rotation transmission member of the plurality of rotation transmission members is provided with a stress relief means (see section regarding Claim Interpretation above) that relieves bending stress when the rotation transmission member is attached to the support shaft (Page 15, lines 5-7).
Regarding claim 2, Kai discloses the limitations of claim 1, and wherein the support shaft has a plurality of shaft portions divided in a circumferential direction, and wherein the stress relief means includes an opening provided inside the plurality of shaft portions (Page 15, lines 4-7; 112a, Fig. 5).
Regarding claim 3, Kai discloses the limitations of claim 2, and wherein the stress relief means includes a first slit opening, a second slit opening, and a third slit opening (See annotated Figure 7 of Kai, below), wherein the support shaft has a first shaft portion and a second shaft portion divided in a circumferential direction (112 divided by slit 112a, Fig. 5 to make first and second shaft portions), wherein the first shaft portion is provided in a first support portion disposed between the first slit opening and the second slit opening, and wherein the second shaft portion is provided in a second support portion disposed between the second slit opening and the third slit opening (See annotated Figure 7 of Kai, below).
PNG
media_image1.png
702
726
media_image1.png
Greyscale
Annotated Figure 7 of Kai
Regarding claim 4, Kai discloses the limitations of claim 3, and wherein a first thick portion whose width along the second slit opening is wider than a tip portion of the first shaft portion is formed at a root portion of the first shaft portion (see root portion on annotated Figure 7 of Kai, above, and 112 Figure 6 which shows root portion wider than tip portion of 112), and wherein a second thick portion whose width along the second slit opening is wider than a tip portion of the second shaft portion is formed at a root portion of the second shaft portion (see root portion on annotated Figure 7 of Kai, above, and 112 Figure 6 which shows root portion wider than tip portion of 112).
Regarding claims 11-14, Kai discloses the limitations of claims 1-4, and the rotation transmission means comprising: a feed rotation transmission member rotatably supported by a feed support shaft and integrally rotatable with the feed reel (113, Fig. 6); a take-up rotation transmission member rotatably supported by a take-up support shaft and integrally rotatable with the take-up reel (116, Fig. 6); and an intermediate rotation transmission member rotatably supported by an intermediate support shaft and disposed between the feed rotation transmission member and the take-up rotation transmission member (115, 112, Fig. 5, 6), wherein the stress relief means is provided to relieve bending stress when the rotation transmission member is attached to at least a support shaft having a smallest shaft diameter among the feed support shaft, the take-up support shaft, and the intermediate support shaft (Page 15, lines 4-7; shaft 112 is the smallest of 111, 112, 211, Fig. 5).
Regarding claims 15-18, Kai discloses the limitations of claims 1-4, and the rotation transmission member is a gear (115, Fig. 6).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kai, Foreign Patent Document, WO2014065079 in view of Kinugasa et al., US7793883.
Regarding claims 9 and 10, Kai discloses the limitations of claims 3-4, and first to third slit openings (see annotated Figure 7 of Kai, above). Kai does not disclose the openings extend substantially parallel to a direction of stress acting on the rotation transmission member via the transfer tape when the transfer tape is used.
However, Kinugasa et al., teaches a transfer tool for a transfer tape wherein openings (34x, Fig. 5) extend substantially parallel to a direction of stress acting on the rotation transmission member via the transfer tape when the transfer tape is used (transfer tape will put stress on wheel in the left/right direction of Fig. 5, thus openings 34x are substantially parallel). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Kai and Kinugasa et al. because it is one of a finite number of identified, predictable solutions (openings could be oriented between 0°-180° with respect to the stress acting on the rotation transmission wheel), with a reasonable expectation of success. Likewise, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kai, Foreign Patent Document, WO2014065079 in view of Watanabe, US11492225.
Regarding claims 19-22, Kai discloses the limitations of claims 1-4, and the rotation transmission member. Kai does not disclose the rotation transmission member is a pulley.
However, Watanabe teaches a transfer tool for transfer tape, wherein the rotation transmission member is a pulley (8, Fig. 2A). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Kai and Watanabe to use a pulley as the rotation transmission member because it is one of a finite number of identified, predictable solutions (rotation transmission systems are well known to be gears, belt and pulleys, or chain and sprockets), with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYNNE BURRELL whose telephone number is (703)756-1344. The examiner can normally be reached 10:00am - 6:00pm EST.
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, Victoria Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.R.B./ Examiner, Art Unit 3654
/ANNA M MOMPER/ Supervisory Patent Examiner, Art Unit 3619