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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 34 through 53 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al., (hereinafter Nilsson), US Patent Application Publication No. 2009/0142523 A1.
With regard to claims 34-39, 42-46, 48-53, Nilsson teaches a process of molding a product from a pulp slurry comprising, see figure 1, 2a-2h, figure 12 and ¶-[0009]-[0019], [0038]-[0040]:
Providing a pickup tool (13) for picking a pulp slurry from a tank (6). The pickup tool comprising a plurality of channels, shown as straight in figure 12 (reading on 53), extending through from the product face through the back face and self-supporting walls; see figure 12 (reading on claims 50-52):
Applying the pulp slurry to the product face of the pickup toll, the sequence shown on figures 2a through 2h:
Transferring the sucked pulp to second tool. Said second toll having the oppose shape to the pickup toll:
Transferring to a pressing tool to dewater the web pulp:
Drying the dewatered the molded pulp.
While figure 1 shows pickup toll, the transferring tool and pressing tools, adding another intermediate step/stage as recited on claim 43, would have been obvious to one of ordinary skill in the art if so desired. Nilsson also teaches the application of heat, vacuum and pressure in the stages, i.e., vacuum and pressure to help in the dewatering and release the wet formed mold to the following stage (reading on claims 46-49); see for example ¶-[0013]-[0016]. Nilsson also teaches that the molds have opposite shapes, i.e., male/female or female/male; see ¶-[0040].
Regarding to claims 40-41, Nilsson teaches the scaping of steam during the pressing and heading of the product; see for example ¶-[0015], claim 45.
With regard to claim 47, Nilsson teaches the use of air pressure to release the pulp fiber from the tool; see ¶-[0043].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the art of “Tool or Tool Part, System including such a Tool or Tool Part, Method of Producing such a Tool or Tool Part and Method of Molding a Product from a Pulp Slurry.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A FORTUNA whose telephone number is (571)272-1188. The examiner can normally be reached MONDAY- FRIDAY 11:30 PM- 9:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE A FORTUNA/Primary Examiner, Art Unit 1748
JAF
