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
Applicant’s election of Group I claims 16-27 in the reply filed on 6/4/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
As per page 1 line 23 of the instant specification as filed, Figure 1 depicts the prior art. Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 22 and 26-27 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 22 recites the limitation "the respective flange portion.” There is insufficient antecedent basis for this limitation in the claim. This will be interpreted to refer to any type of flanged portion.
Claim 26 recites the limitation “a first adjustable roller according to claim 16” however it is not clear if this is referring to “an adjustable roller” from claim 16 or a separate roller. Claim 26 also recites “the cylindrical exterior surfaces” but this term lacks antecedent basis. The term previously used is “exterior portion.” Additionally, claim 26 also recites limitations such as “a first end,” “a second end,” “a longitudinal axis,” and “a substantially cylindrical exterior portion,” which are already recited in claim 16. Examiner suggests amending either claim 16 or 26 to use consistent phrasing when referring to each roller. Claim 27 is rejected as being dependent from claim 26.
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.
Claims 16, 19-20, and 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haas (US 2015/0150267.)
Regarding claim 16, Haas meets the claimed, An adjustable roller for a crimper for sheet material, comprising: a substantially cylindrical exterior portion having a first end and a second end with a longitudinal axis of rotation extending between the first end and the second end; (Haas [0054] and Figure 6 describe a lower roller 4 having axis of rotation 5, Figure 6 shows the roller is cylindrical with two ends) and a first bushing mounted inside the first end and a second bushing mounted inside the second end, (Haas [0058] describe two bearings 24 and 27, Figure 7 shows them each mounted in one end of the roller) wherein the first bushing and the second bushing each have a respective cylindrical bore with an axis that is parallel to the longitudinal axis of rotation, (Haas Figure 7 shows each bearing 24 and 27 have a bore where the axis 23 and 26 run) and wherein at least one of the first bushing and the second bushing is adjustably mounted inside a respective end of the roller such the axis of the at least one of the first bushing and the second bushing is displaceable relative to the longitudinal axis of rotation (Haas [0058] describes the first pivot bearing 24 is movable and adjustable from the axis as seen in Figures 4-6).
Regarding claim 19, Haas meets the claimed, The adjustable roller according to The adjustable roller according to wherein the at least one of the first bushing and the second bushing is mounted inside the respective end of the roller with a predetermined amount of play in a plane perpendicular to the longitudinal axis, and wherein the at least one of the first bushing and the second bushing is adjustably fixable relative to the respective end of the roller by a plurality of adjustable fixings (Haas [0058] describes screws 36 and lugs 35 which are capable of pivoting the bearing 24 back and forth in the plane perpendicular to the axis of rotation, see Figure 8.)
Regarding claim 20, Haas meets the claimed, The adjustable roller according to The adjustable roller according to wherein the plurality of adjustable fixings comprises a plurality of set screws, (Haas [0058] describes screws 36) wherein the substantially cylindrical exterior portion is provided with a plurality of radially-oriented, circumferentially-spaced threaded bores at the first end or the second end or both the first end and the second end, (Haas [0058] describes threaded lugs 35, see Figure 7 showing they are spaced circumferentially around the bearing 24 and are extending in the radial direction) and wherein the plurality of set screws are adjustably rotatable within the plurality of radially-oriented, circumferentially-spaced threaded bores so as to hold the respective first bushing or second bushing securely in place relative to the respective first end or second end at selectable different displacements of the bushing axis relative to the longitudinal axis of rotation (Haas [0058] escribes screws 36 and lugs 35 which are capable of pivoting the bearing 24 back and forth in the plane perpendicular to the axis of rotation.)
Regarding claim 26, Haas meets the claimed, A roller unit for a crimper for sheet material comprising a first adjustable roller according to claim 16, in combination with a second roller comprising a substantially cylindrical exterior portion having a first end and a second end with a longitudinal axis of rotation extending between the first and second ends (Haas [0054] describes an upper roller 2 which has two ends and an axis of rotation 3), the longitudinal axis of the second roller being substantially parallel with the longitudinal axis of the first roller, (Haas [0054] describes the axis of rotation 3 of the upper roller 2 and the axis of rotation 5 of the second roller 4 are parallel) and the first and the second rollers being moveable relative to each other so as to bring the cylindrical exterior surfaces into close proximity along a tangential plane between the cylindrical exterior surfaces (Haas [0027] describes an adjusting device which moves the rollers closer together to vary the roller nip.)
Regarding claim 27, Haas meets the claimed, The roller unit according to claim 26, wherein a fine adjustment of an orientation of the longitudinal axis of rotation of the substantially cylindrical exterior portion of the first roller relative to an orientation of the longitudinal axis of rotation of the substantially cylindrical exterior portion of the second roller is obtained by displacing the axis of the at least one of the first bushing and the second bushing relative to the longitudinal axis of rotation of the substantially cylindrical exterior portion of the first roller (Haas [0058] describes the first pivot bearing 24 is movable and adjustable from the axis as seen in Figures 4-6).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 17-18 rejected under 35 U.S.C. 103 as being unpatentable over modified Haas.
Regarding claim 17, Haas does not explicitly describe how far the bearing is offset and does not explicitly meet the claimed, The adjustable roller according to claim 16, wherein the axis of the at least one of the first bushing and the second bushing is displaceable from the longitudinal axis of rotation by up to 1 mm, however, Haas [0019] describes that the incline of the upper and lower axes relative to one another can be varied such that the shape of the roller nip can be varied and any sagging of the rollers is compensated for. Hass discloses that the amount of the displacement is a result-effective variable which affects the sagging compensation of the rollers. It would have been obvious to a person of ordinary skill in the art before the filing date to modify the amount of deviation to be under 1 mm through routine optimization so as to modify the amount of sag compensation, see Haas [0019] and MPEP §2144.05(II)(B).
Regarding claim 18, Haas does not explicitly describe how far the bearing is offset and does not explicitly meet the claimed, The adjustable roller according to claim 16, wherein the axis of the at least one of the first bushing and the second bushing is displaceable from the longitudinal axis of rotation by up to 0.05 mm however, Haas [0019] describes that the incline of the upper and lower axes relative to one another can be varied such that the shape of the roller nip can be varied and any sagging of the rollers is compensated for. Hass discloses that the amount of the displacement is a result-effective variable which affects the sagging compensation of the rollers. It would have been obvious to a person of ordinary skill in the art before the filing date to modify the amount of deviation to be under 0.5 mm through routine optimization so as to modify the amount of sag compensation, see Haas [0019] and MPEP §2144.05(II)(B).
Claims 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Haas modified by Stanley (US 5,083,488.)
Regarding claim 21, Haas meets the claimed, The adjustable roller according to claim 16 wherein the axis of the at least one of the first bushing and the second bushing is offset from or skew to or both offset from and skew to the longitudinal axis of rotation, (Haas [0058] describes the first pivot bearing 24 is movable and adjustable from the axis as seen in Figures 4-6).
Haas does not describe the bearings being rotatably adjustable and does not meet the claimed, and wherein the at least one of the first bushing and the second bushing is rotatably adjustable relative to the cylindrical exterior portion so as to allow the axis of the at least one of the first bushing and the second bushing to be moved along an orbital path about the longitudinal axis during adjustment.
Analogous in the field of roller mechanisms, Stanley also describes an apparatus with two rollers and meets the claimed, and wherein the at least one of the first bushing and the second bushing is rotatably adjustable relative to the cylindrical exterior portion so as to allow the axis of the at least one of the first bushing and the second bushing to be moved along an orbital path about the longitudinal axis during adjustment (Stanley col 6 line 63 – col 7 line 8 describes rotating an eccentricity 58 in a circular path around the axis 98, see Figures 4 and 5.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the laterally adjustable rollers of Haas with the rotatably adjustable rollers as described in Stanley in order to adjust the position of the lower roller respective to the upper roll, see Stanley col. 7 lines 11-20.
Regarding claim 22, Haas does not disclose an eccentric flange and does not meet the claimed, The adjustable roller according to claim 21, wherein the offset or skewness or offset and skewness of the axis of the at least one of the first bushing and the second bushing from the longitudinal axis of rotation is provided by an eccentricity in the respective flange portion.
Stanley meets the claimed, The adjustable roller according to claim 21, wherein the offset or skewness or offset and skewness of the axis of the at least one of the first bushing and the second bushing from the longitudinal axis of rotation is provided by an eccentricity in the respective flange portion (Stanley col. 7 lines 9-11 describe the eccentrics 58 being rotated is what causes the offsetting, Figure 2 show the eccentrics have a flange portion.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the adjustable roller apparatus of Haas with the eccentricity roller apparatus of Stanley in order to adjust the position of the lower roller respective to the upper roll, see Stanley col. 7 lines 11-20.
Regarding claim 23, Haas does not disclose an eccentric flange and does not meet the claimed, The adjustable roller according to claim 21, wherein the offset or skewness or offset and skewness of the axis of the at least one of the first bushing and the second bushing from the longitudinal axis of rotation is provided by an eccentricity in the bushing.
Stanley meets the claimed, The adjustable roller according to claim 21, wherein the offset or skewness or offset and skewness of the axis of the at least one of the first bushing and the second bushing from the longitudinal axis of rotation is provided by an eccentricity in the bushing. (Stanley col. 7 lines 9-11 describe the eccentrics 58 being rotated is what causes the offsetting.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the adjustable roller apparatus of Haas with the eccentric bearing of Stanley in order to adjust the position of the lower roller respective to the upper roll, see Stanley col. 7 lines 11-20.
Regarding claim 24, Haas does not explicitly describe the specific offset amount and does not explicitly meet the claimed, The adjustable roller according to claim 21, wherein the offset of the axis of the at least one of the first bushing and the second bushing from the longitudinal axis of rotation is no greater than 1 mm, however, Haas [0019] describes that the incline of the upper and lower axes relative to one another can be varied such that the shape of the roller nip can be varied and any sagging of the rollers is compensated for. Hass discloses that the amount of the displacement is a result-effective variable which affects the sagging compensation of the rollers. It would have been obvious to a person of ordinary skill in the art before the filing date to modify the amount of deviation to be under 0.5 mm through routine optimization so as to modify the amount of sag compensation, see Haas [0019] and MPEP §2144.05(II)(B).
Regarding claim 25, Haas does not explicitly describe the specific offset amount and does not explicitly meet the claimed, The adjustable roller according to claim 21, wherein the offset of the axis of the at least one of the first bushing and the second bushing from the longitudinal axis of rotation is no greater than 0.05 mm. however, Haas [0019] describes that the incline of the upper and lower axes relative to one another can be varied such that the shape of the roller nip can be varied and any sagging of the rollers is compensated for. Hass discloses that the amount of the displacement is a result-effective variable which affects the sagging compensation of the rollers. It would have been obvious to a person of ordinary skill in the art before the filing date to modify the amount of deviation to be under 0.05 mm through routine optimization so as to modify the amount of sag compensation, see Haas [0019] and MPEP §2144.05(II)(B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 6,409,118: see col. 2 beginning at line 41 describing a roller segment with an eccentricity 12 which is offset from the longitudinal axis of rotation and can be rotated independently
US 5,161,747: see col. 4 beginning at line 55 describing a roller with an eccentric ring 14
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA BARTLETT whose telephone number is (571)272-4953. The examiner can normally be reached Monday - Friday 9:00 am-5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
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