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 .
Claim Objections
Claim 8 objected to because of the following informalities:
In claim 8, “(is” should read --is--.
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.
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 ”traction means” has been given the scope of a retraction rod, a retraction belt, a spring steel band and/or a rope, and equivalents thereof.
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 1-11 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.
Regarding claims 1 and 10, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of compact prosecution, the limitations are interpreted to be optional.
All claims dependent on the above rejected claims are rejected as well because they include all the limitations of the rejected claims.
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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsotsis (US2008/0289743).
Regarding claim 1, Tsotsis teaches:
Retraction device (Fig 11a-c:grasping head 70), a plastic profile (Fig 11a-c: sheet 30c) and at least one further device (Fig 11a-c: endless belt 42), for drawing the plastic profile into the at least one further device ([0103-0108]), having at least one traction means (Fig 6a, 11a-c: actuator 73, endless cable 68; [0084]) and a connecting element for connection to the plastic profile (Fig 11a-c: elements 71a-b; [0098]),
characterised in that
a coupling element is arranged on the at least one traction means, via which coupling element the connecting element is detachably connected to the at least one traction means (Fig 11a-c: clamp 71; any component is inherently detachable from another).
Tsotsis does not recite the retraction device is for an extrusion device for a plastic profile, in particular a hollow chamber profile, with an extruder, an extrusion nozzle arranged at the outlet of the extruder for forming the plastic profile and at least one further device, which is arranged downstream of the extruder in an extrusion direction (E). However, the above limitations are recited as intended use and do not impart any required structure to the claimed retraction device. See MPEP 2111.02.
Regarding claim 2, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches the connecting element is designed as a clamping device for connecting to the plastic profile by clamping the plastic profile and/or clipping to the plastic profile (Fig 11a-c; [0098]).
Regarding claim 3, Tsotsis teaches the apparatus of claim 1.
Tsotsis does not explicitly recite the connecting element is designed to cool the plastic profile. However, the prior art teaches that the plastic profile is heated ([0092]) and is silent as to any heating of the connecting element. Therefore, the unheated elements 71a-b will naturally conduct heat from the heated sheet 30c and function as a heatsink, i.e., cool the heated sheet 30c, during clamping.
Regarding claim 4, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches a winding element on which the at least one traction means can be wound up (Fig 6a: unlabeled pulley system on which endless cable operates; [0084]).
Regarding claim 5, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches the at least one traction means is a flexible traction means (endless cable 68).
Regarding claim 6, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches the at least one traction means is a rigid traction means (actuator 73).
Regarding claim 7, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches at least two traction means are provided (Fig 6a, 11a-c: actuator 73, endless cable 68), a first traction means being a flexible traction means (endless cable 68) and a second traction means being a rigid traction means (actuator 73).
Regarding claim 8, Tsotsis teaches the apparatus of claim 7.
Tsotsis further teaches the rigid traction means is arranged on the coupling element and the flexible traction means is arranged on the rigid traction means (Fig 6a, 11a-c), so that the rigid traction means is pullable with the flexible traction means through the at least one further device (Fig 6a, 11a-c; [0103-0108]).
Regarding claim 9, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches the coupling element is positively and/or non-positively connected to the connecting element (Fig 6a, 11a-c).
Regarding claim 10, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches the connecting element for connecting to the plastic profile is adjustable between an open position and a closed position, the connecting element being connectable to the coupling element in particular only in the closed position (Fig 11a-c; [0098, 0103-0108]).
Regarding claim 11, Tsotsis teaches the apparatus of claim 1.
Tsotsis further teaches the connecting element fixes the plastic profile by means of a toothing in a form-fitting and/or force-fitting manner (Fig 11a-c; [0098]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Skobel (US3698988) anticipates at least claim 1 and teaches:
Retraction device for an extrusion device for a plastic profile (Fig 1: pulling tape 46, reel 47; col 3, ln 58-65), in particular a hollow chamber profile (col 3, ln 58-65), with an extruder (Fig 1; extruder 59), an extrusion nozzle arranged at the outlet of the extruder for forming the plastic profile (Fig 1: first extrusion die 24) and at least one further device (Fig 1: oven 41; col 3, ln 58-65), which is arranged downstream of the extruder in an extrusion direction (E) (Fig 1), for drawing the plastic profile into the at least one further device (col 3, ln 58-65), having at least one traction means (Fig 1: pulling tape 46) and a connecting element for connection to the plastic profile (Fig 1: unlabeled clamp; col 3, ln 58-65),
characterised in that
a coupling element is arranged on the at least one traction means, via which coupling element the connecting element is detachably connected to the at least one traction means (Fig 1: portion of the unlabeled clamp that connects the clamp to tape 46; col 3, ln 58-65; any component is inherently detachable from another).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER A WANG whose telephone number is (571)272-5361. The examiner can normally be reached M-Th 8 am-4 pm EST.
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/ALEXANDER A WANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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