DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
If claim limitations in this application that use the word "means" (or "step"), they 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, if claim limitations in this application that do not use the word "means" (or "step"), they 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.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-8, 11, and 16 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Nix (US 4,313,779).
Regarding claim 1, Nix discloses a strapping device (fig. 1) comprising:
a tensioning wheel (126);
a welding shoe (206) movable from a rest position (figs. 3 and 5) downward to a connecting position (figs. 4 and 7) to connect overlapping upper and lower strap layers (U and L) together (figs. 4 and 7);
a transitioning device (308, 302, or 212) configured to move the welding shoe (206) from the rest position (figs. 3 and 5) downward to the connecting position (figs. 4 and 7);
a first gear (92) rotatable about a first gear axis (fig. 2);
a second gear (106 as a first option or 120 as a second option) rotatable about a second gear axis (fig. 2); and
a motor (40) operably connected to the first gear (92) and configured to rotate the first gear about the first gear axis, wherein the first gear (92) is operably connected to the second gear 106 or 120) such that rotation of the first gear about the first gear axis causes the second gear to rotate about the second gear axis (see col. 15, lines 35-44), and
wherein the second gear is operably connected to the transitioning device such that rotation of the second gear about the second gear axis causes the transitioning device to move the welding shoe (206) from the rest position to the connecting position (see col. 9, lines 31-37 and col. 15, line 63 to col. 16, line 8, which discloses a reversed rotation of the motor (40), which inherently rotates both of connected the first and second gears, moves the transition device (212 or 302) and the welding shoe (206) from the rest position (fig. 5) to the connecting position (fig. 7)).
Regarding claim 2, the strapping device of claim 1, wherein the tensioning wheel (126) is rotatable about a tensioning-wheel axis (see a longitudinal axis of a shaft (112) in figs. 1 and 2), wherein the second gear axis (see a longitudinal axis of a shaft (100) of the second gear (106) in fig. 2) is transverse to the tensioning-wheel axis (fig. 2).
Regarding claim 3, the strapping device of claim 2, wherein the tensioning wheel (126) and the welding shoe (206) are positioned such that a longitudinal direction (i.e. a direction from left to right of fig. 1) of the upper and lower strap layers (U and L) is parallel to the second gear axis (see a longitudinal axis of a shaft (100) of the second gear (106) in fig. 2) (see figs. 1-2).
Regarding claim 4, the strapping device of claim 3, wherein the motor (40) comprises a motor shaft (42) rotatable about a motor-shaft axis (see fig. 4, an axis extended from right to left of fig. 4), wherein the motor (40) is configured to rotate the motor shaft (42) about the motor-shaft axis to cause the first gear (92) to rotate about the first gear axis to cause the second gear (106) to rotate about the second gear axis (see col. 15, lines 35-43).
Regarding claim 5, the strapping device of claim 4, wherein the second gear axis (see a longitudinal axis of a shaft (100) of the second gear (106) in fig. 2) is parallel to and offset from the motor-shaft axis (42) (see fig. 1, which shows the second gear axis is above the motor-shaft axis and they are parallel to one another).
Regarding claim 6, the strapping device of claim 5, wherein the first gear axis of the first gear (92) and the motor-shaft axis (42) are collinear (see fig. 1).
Regarding claim 7, the strapping device of claim 6, wherein the second gear axis (see a longitudinal axis of a shaft (100) of the second gear (106) in fig. 2) is parallel to and offset from the first gear axis (see a longitudinal axis of a shaft (70) of the first gear (92) in fig. 2) (figure 2 shows the shaft 100 is offset from the shaft 70, that they are parallel from one another).
Regarding claim 8, the strapping device of claim 7, further comprising a rotatable component (214) configured to rotate relative to the transitioning device (308, 302) about a rotational axis (see a longitudinal axis of a shaft (70) in fig. 7), the rotatable component (214) comprising a protrusion (212) (it is noted that the positioned to contact the transitioning device (308) (see fig. 10),
wherein the protrusion is shaped such that rotation of the rotatable component (214) about the rotational axis while the protrusion contacts the transitioning device causes the protrusion (212) to exert a force on the transitioning device (308) to move the welding shoe (206) from the rest position (fig. 5) to the connecting position (fig. 7), and
wherein the second gear (106) is operably connected to the rotatable component (214) such that rotation of the second gear (106) about the second gear axis causes rotation of the rotatable component (214) (see col. 15, line 41 to col. 16, line 22).
Regarding claim 11, the strapping device of claim 1, further comprising a rotatable component (214) configured to rotate relative to the transitioning device (308, 302) about a rotational axis (see a longitudinal axis of a shaft (70) in fig. 7), the rotatable component (214) comprising a protrusion (212) positioned to contact the transitioning device (308) (see fig. 10),
wherein the protrusion is shaped such that rotation of the rotatable component (214) about the rotational axis while the protrusion contacts the transitioning device causes the protrusion (212) to exert a force on the transitioning device (308) to move the welding shoe (206) from the rest position (fig. 5) to the connecting position (fig. 7), and
wherein the second gear (106) is operably connected to the rotatable component (214) such that rotation of the second gear (106) about the second gear axis causes rotation of the rotatable component (214) (see col. 15, line 41 to col. 16, line 22).
Regarding claim 16, the strapping device of claim 11, wherein the protrusion (212) is sized such that, while the protrusion contacts the transitioning device (308), less than one complete rotation of the rotatable component (214) about the rotational axis causes the protrusion (212) to exert the force on the transitioning device to move the welding shoe (206) from the rest position (fig. 5) to the connecting position (fig. 7) (see movement to the rotatable component (214) from fig. 5 to fig. 7, which is less than one complete rotation).
Allowable Subject Matter
Claims 9-10, 12-15, and 17-20 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.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 9, the claim would be allowable because the prior art of record, considered alone or combination, neither anticipated nor renders obvious “wherein the second gear axis and the rotational axis are collinear”, in combination with all of the limitations of the base claim and any intervening claims.
Nix discloses the second gear axis (at 100) offset from the rotational axis (at 70) (fig. 2). Therefore, they are not collinear.
Claim 10 would be allowable in virtue of its dependence upon claim 9.
Regarding claim 12, the claim would be allowable because the prior art of record, considered alone or combination, neither anticipated nor renders obvious “wherein the protrusion is sized such that continued rotation of the rotatable component about the rotational axis after the transitioning device reaches the connecting position results in the protrusion disengaging the transitioning device”, in combination with all of the limitations of the base claim and any intervening claims.
Regarding claim 13, the claim would be allowable because the prior art of record, considered alone or combination, neither anticipated nor renders obvious “wherein the rotatable component comprises a cam wheel and wherein the protrusion comprises a cam on an outer surface of the cam wheel”, in combination with all of the limitations of the base claim and any intervening claims.
Claims 14-15 would be allowable in virtue of their dependence upon claim 13.
Regarding claim 17, the claim would be allowable because the prior art of record, considered alone or combination, neither anticipated nor renders obvious “a spring between the first component and the second component and circumscribing at least part of the rod”, in combination with all of the limitations of the base claim and any intervening claims.
Claims 18-20 would be allowable in virtue of their dependence upon claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5,632,851 to Young discloses a strapping device having a welding shoe (40).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/ Primary Examiner, Art Unit 3725
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