Detailed Action
The communications received 05/16/2025 have been filed and considered by the Examiner. Claims 1-9 are pending.
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 Objections
Claim 3 and 9 are objected to because of the following informalities:
Claim 3 reads “…the defibrating apparatus according to claim 1; a web former…” which should read “…the defibrating apparatus according to claim 1, and a web former…” or similar correction.
Claim 9 reads “…the defibrating apparatus according to claim 4; a web former...” which should read “…the defibrating apparatus according to claim 4, and a web former...” or similar correction.
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“supply unit” in claims 2 and 8 tied to a structure that supports a through-hole and its functional equivalents.
“supporting unit” in claims 2 and 8 tied to a structure that supports a part of the apparatus and its functional equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyazawa (US 2015/0176204) hereinafter MIY.
As for claim 1, MIY teaches a defibrating apparatus (an apparatus that performs defibrating) [Abstract; 0033-37] comprising:
a circular annular wall in which a through-hole that penetrates the circular annular wall is formed [Fig. 1-2 and 5-6 #500a-b];
a rotational body rotatable in a circumferential direction of the circular annular wall inside the circular annular wall [Fig. 2-3 #300];
an outer circumferential wall that defines a discharge path that circumferentially surrounds an outside of the circular annular wall [Fig. 2 #56; 0040-41];
and a discharge pipe that extends from a discharge section of the outer circumferential wall in a direction away from the circular annular wall [Fig. 2 #204; 0040-41],
wherein a raw material inside the circular annular wall is defibrated by rotation of the rotational body inside the circular annular wall to produce a defibrated material, the defibrated material passes through the through-hole and the discharge path in an order of the through-hole and the discharge path, and is discharged from the discharge pipe, and the discharge section is disposed vertically downward from the rotational body and the circular annular wall and disposed at a lowest position of the discharge path [0038-42].
As for claim 2, MIY teaches claim 1, further comprising a side wall that defines an inside of the circular annular wall [Fig. 2 #500b], wherein the side wall includes a supporting unit that supports a rotational shaft included in the rotational body (the cylinder parts that support the cylinder) [Fig. 2 #600; 0071], and a supply unit that supplies the raw material to the inside of the circular annular wall [Fig. 2 #40; 0037-38], and the supply unit, the supporting unit, and the discharge section are arranged in a vertical direction in an order of the supply unit, the supporting unit (as they are connected to each other along a vertical order), and the discharge section such that the supply unit is arranged above the supporting unit, and the discharge section (as the upper end of the supply unit is above the supporting unit and the discharge section is below both) [Fig. 2 #40 is above #600 which is above #56].
As for claim 3, MIY teaches claim 1 and a web former that forms a web by accumulating the defibrated material discharged from the discharge pipe [Fig. 1 #56 leads to #900 which deposits in the #70 section; 0040-44]; and a fiber body former that forms a fiber body including the fibers by binding the fibers contained in the web (mesh belt with forming drum) [0046].
As for claim 4, this is substantially the same as claim 1 which is taught by MIY [see claim 1] except for the following limitation which MIY also teaches:
a number of the plurality of through-holes per unit area in a discharge section-side region of the circular annular wall is equal to or more than zero, and is less than a number of the plurality of through-holes per unit area in an opposite region of the circular annular wall (as there are a plurality of through holes on the opposite side) [Fig. 2 #56, opposite side is #310; 0063-65], the discharge section-side region is positioned in the circular annular wall at a side of the discharge section, and the opposite region is positioned in the circular annular wall and opposite to the discharge section-side region in a vertical direction [Fig. 2 #56 versus #310], for purposes of examination the left hand side of the section of #310.
As for claim 5, MIY teaches claim 4, wherein the number of the plurality of through-holes per unit area in the discharge section-side region is equal to or more than zero, and less than a number of the plurality of through-holes per unit area in a different region of the circular annular wall which is different from the discharge section-side region (as the different section can be the same #310 however now the right hand side of the section) [0063-65].
As for claim 6, MIY teaches claim 4, and wherein the number of the plurality of through-holes per unit area in the opposite region is more than a number of the plurality of through-holes per unit area in a different region of the circular annular wall which is different from the opposite region (as the openings otherwise have the same size and at equal intervals therefore the left hand section can correspond to slightly more than half while the right hand can correspond to less than half and therefore the limitation of the plurality of through-holes is met) [0064].
As for claim 7, MIY teaches claim 4 and wherein the number of the plurality of through-holes per unit area in the discharge section-side region is zero (as there is a single through holes, not a plurality) [Fig. 2 #56].
As for claim 8, MIY teaches claim 4, further comprising a side wall that defines an inside of the circular annular wall, wherein the side wall includes a supporting unit that supports a rotational shaft included in the rotational body, and a supply unit that supplies the raw material to the inside of the circular annular wall, and the supply unit, the supporting unit, and the discharge section are arranged in the vertical direction in an order of the supply unit, the supporting unit, and the discharge section such that the supply unit is arranged above the supporting unit, and the discharge section [see claims 2-3].
As for claim 9, MIY teaches claim 4 and a web former that forms a web by accumulating the defibrated material discharged from the discharge pipe; and a fiber body former that forms a fiber body including the fibers by binding the fibers contained in the web.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elisa Vera whose telephone number is (571)270-7414. The examiner can normally be reached M-F 8 - 4:30.
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/E.V./Examiner, Art Unit 1748
/RITA P ADHLAKHA/Primary Examiner, Art Unit 1711
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