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 with traverse of Group I in the reply filed on 12/12/25 is acknowledged. The traversal is on the ground(s) that the device defined in claims 10- 20 is a welding device. Welding requires at least two layers to be involved. At least two layers are required in claim 10 which defines a device for welding a "multi-layered product". Accordingly, the apparatus as claimed cannot be used to practice another, materially different process.
This is not found persuasive because welding is merely the intended use of the apparatus. The applicant has failed to persuasively establish that the structure of the claimed apparatus is incapable of embossing a single layer without forming a weld.
The requirement is still deemed proper and is therefore made FINAL.
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 1-9 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.
Regarding claims 1, 2, 3, and 6-9, the phrase "preferably" 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).
Regarding claim 5, the phrase "optionally" 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).
Regarding claim 5, 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).
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Heeg (US2015/0158247A1) IDS.
With respect to claim 1, Heeg teaches a process for welding a singulated, multi-layer product by means of an ultrasonic tool (1), which comprises a generator (10), a sonotrode (26) and an anvil (30), wherein the product (web material) is moved through a gap (29) formed between the sonotrode and the anvil, with a gap width S (figures), wherein the product is welded during its movement by the ultrasonic tool along a welding path by pressing the sonotrode and/or anvil against the product with a force and exciting the sonotrode by the generator in such a way that it oscillates with a predetermined amplitude and transmits the vibration to the product, wherein at least one welding parameter (figures; and paragraphs 13-31 and 43-122), preferably the amplitude and/or the force and/or the gap width, is regulated and varied during the movement of the product.
With respect to claim 2, Heeg teaches wherein the welding path begins in a first edge region of the product and/or ends in a second edge region of the product, the products preferably being closed in material bond in at least one of the edge regions before they are moved through the gap (figures 2-3; and paragraphs 48-50).
With respect to claim 3, Heeg teaches wherein the sonotrode for welding the product is excited such that it oscillates with an amplitude A.sub.high (paragraphs 13, 16, 18, 22, 24, 26, 27, 29, 62, 67, 74, and 79), wherein A.sub.high is preferably between 20 μm and 40 μm, and the sonotrode is excited at other times such that it oscillates with an amplitude A.sub.low, which is smaller than A.sub.high, wherein the following preferably applies: 0<A.sub.low<0.5*A.sub.high.
With respect to claim 4, Heeg teaches wherein the amplitude is set to A.sub.high (ASOLL) when the product arrives at or before the gap (figure 4; and paragraph 51-55, 60-61, 67, 71, 72, 79, 89, 92, 105, and 110) and/or wherein the amplitude is set to A.sub.low when the product leaves the gap. Note that the amplitude must intrinsically be set when the product arrives at or before the gap in order to form a weld.
With respect to claim 5, Heeg teaches wherein a sensor unit is used to detect whether the product is arriving at the gap or leaving the gap, and the sensor unit sends a signal directly to the generator and the generator sets the amplitude to A.sub.high or A.sub.low, optionally with a time delay (paragraphs 17 and 46).
With respect to claim 6, Heeg teaches wherein a transition from a current amplitude A.sub.now to a target amplitude (paragraphs 13, 17-18, 26, 28, 60-62, 67, 71, 74, 79, and 86-89), in particular A.sub.high or A.sub.low, is affected by a continuous adaptation (ramp) of the amplitude, wherein a slope of the ramp is preferably controlled continuously and/or wherein the ramp lies within one of the edge regions or overlaps with one of the edge regions.
With respect to claim 7, Heeg teaches wherein the gap width S is set continuously by moving the sonotrode and/or anvil relative to one another (title; and paragraphs 2, 14, 48-49, 71, 74, 79, 84, 86, 88, 90, 92, 101, 108, 110, 113, and 121), preferably using a metal contact detection and/or a distance measurement is used as an input variable for controlling the size of the gap and/or a target size for the gap is set and used as an input variable for controlling the gap width S.
With respect to claim 8, Heeg teaches wherein a plurality of products (44) are moved one after the other (continuously) through the gap and welded along a welding path in each case (title; and paragraphs 2, 14, and 48-49). Also, note that web material would intrinsically be replaced when the continuous supply inevitably runs out.
With respect to claim 9, Heeg teaches wherein the product is filled with contents (broadest reasonable interpretation) (air) before it is moved through the gap and welded, and/or the product is moved through the gap at a speed of 5 m/min to 100 m/min and/or the product comprises at least two layers (paragraph 48; and figures 2-3), preferably with a layer thickness of between 50 μm and 300 μm each.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KILEY SHAWN STONER whose telephone number is (571)272-1183. The examiner can normally be reached on Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached on 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KILEY S STONER/ Primary Examiner, Art Unit 1735