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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 6 is 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.
In claim 6, line 3, the expression “can be” renders the claim indefinite because it is not clear if the chamber is, or is not, depressurized.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hoshika (U.S. Patent Application Publication 2014/0182462 A1).
Regarding claim 1, Hoshika (see the entire document, in particular, paragraphs [0001], [0052], [0058], [0062] and [0067]; Figure 2) teaches a process (see paragraph [0001] (method for reducing the thickness of an absorbent body) of Hoshika), in which at least two press apparatuses are consecutively provided and a laminate molded product having been pressure-molded by a press apparatus in a previous step is further pressure-molded by a press apparatus in a subsequent step (see Figure 2, paragraphs [0062] (main pressing device 30, including pressing devices 31, 35, 37), [0067] (auxiliary pressing device 50) and [0052] (layered body 3 (i.e., laminate molded product)) of Hoshika), wherein a physical quantity during pressure-molding or after pressure-molding by the press apparatus in the previous step is measured, and the physical quantity is used to control the press apparatus in the subsequent step (see Figure 2, paragraph [0058] (thickness sensor 70 outputs measurement information (thickness) at a position between main pressing device 30 and auxiliary pressing device 50, and a controller 90 that sets the size of gap G50 between rollers 50a, 50b of auxiliary pressing device 50) of Hoshika).
Regarding claims 2 and 3, see Figure 2, paragraph [0058] (thickness sensor 70 outputs measurement information (thickness) at a position between main pressing device 30 and auxiliary pressing device 50, and a controller 90 that sets the size of gap G50 between rollers 50a, 50b of auxiliary pressing device 50) of Hoshika.
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hoshika (U.S. Patent Application Publication 2014/0182462 A1).
Regarding claim 4, Hoshika (see the entire document, in particular, paragraphs [0001], [0052], [0058], [0062], [0067] and [0068]; Figure 2) teaches an apparatus (see paragraph [0001] (apparatus for reducing the thickness of an absorbent body) of Hoshika), in which at least two press apparatuses are consecutively provided and a laminate molded product having been pressure-molded by a press apparatus in a previous step is further pressure-molded by a press apparatus in a subsequent step (see Figure 2, paragraph [0062] (main pressing device 30, including pressing devices 31, 35, 37), [0067] (auxiliary pressing device 50) and [0052] (layered body 3 (i.e., laminate molded product)) of Hoshika), including (a) a sensor configured to measure a physical quantity during pressure-molding or after pressure-molding by the press apparatus in the previous step (see Figure 2, paragraph [0058] (thickness sensor 70 outputs measurement information (thickness) at a position between main pressing device 30 and auxiliary pressing device 50, and a controller 90 that sets the size of gap G50 between rollers 50a, 50b of auxiliary pressing device 50) of Hoshika); and (b) a control apparatus configured to measure, using the sensor, a physical quantity during pressure-molding or after pressure-molding by the press apparatus in the previous step, store the physical quantity in a storage apparatus, and use the physical quantity to control the press apparatus in the subsequent step (see Figure 2, paragraph [0058] (controller 90 that sets the size of gap G50 between rollers 50a, 50b of auxiliary pressing device 50) of Hoshika).
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.
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.
Claim(s) 5 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshika (U.S. Patent Application Publication 2014/0182462 A1) as applied to claim 4 above, and further in view of Iwata et al (U.S. Patent Application Publication 2018/0162111 A1).
Regarding claim 5, Hoshika does not teach (1) that the sensor is a position sensor configured to measure any of the recited distances. Iwata et al (see the entire document, in particular, paragraphs [0001], [0014], [0018], [0030], [0046] and [0055]; Figure 1) teaches an apparatus (see paragraph [0001] (laminating apparatus) of Iwata et al), including a sensor that is a position sensor configured to measure a distance between pressurization blocks (see paragraph [0018] (gap measuring device for measuring the distance between the pressing elements) of Iwata et al), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a sensor that is a position sensor configured to measure a distance between pressurization blocks in the apparatus of Hoshika in view of Iwata et al in order to control thickness of the product at a more precise level (see paragraph [0014] of Iwata et al).
Regarding claim 6, see Figure 1, paragraphs [0030] (vacuum laminating apparatus), [0046] (servomotor 35) and [0055] (servomotor 25) of Iwata et al; Figure 2, paragraph [0068] (elevator motor 56) of Hoshika.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F.
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, Christina A. Johnson can be reached at (571)272-1176. 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.
LEO B. TENTONI
Primary Examiner
Art Unit 1742
/LEO B TENTONI/Primary Examiner, Art Unit 1742