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 § 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) 1-8, 10-18 and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Boulanger et al (US Patent 6,456,055) in view of Hase et al (US 2006/0005924).
Boulanger discloses a method and apparatus for heat-sealing a dispensing package comprising: a heating apparatus (48) for a sealing roller (50,64) for production of tea bags or coffee bags and comprising sealing surface areas arranged to apply pressure and heat to web material guided into contact with the roller (Fig. 10), the heating apparatus comprising a heater element (74 are resistive rods) configured to extend axially within the roller such that heat generating energy is applied from inside of the roller to a segment of the roller (Fig. 10).
However, Boulanger does not disclose that the heater is an induction heater. Regarding this difference, the applicant is directed to the reference of Hase.
Hase discloses a system for laminating sheet materials. As shown in Fig. 1, materials F and S are fed between the nip of laminating rolls 21 and 22. These rolls may be heated by an induction heater (see paragraph [0081]).
It would have been obvious to one having ordinary skill in the art to substitute induction heaters, as taught by Hase, in the apparatus of Boulanger in order to provide the predictable result of facilitating heating of the materials since induction heating and resistance heating are functionally equivalent, alternate expedients in the art.
It is the examiner’s position that the specific heater shape, control, configuration and temperature rages claimed are within the purview of one having ordinary skill in the art and would have been obvious to employ in the method and apparatus of Boulanger in view of Hase based on the physical requirements of the materials being sealed.
Allowable Subject Matter
Claims 9 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/Primary Examiner, Art Unit 1745
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