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 .
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 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.
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.
Claim Rejections - 35 USC § 102
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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vuorinen (US 6,108,936 A).
Regarding claim 1, Vuorinen discloses a sheet conveying apparatus, comprising: a first conveying section (first drum 11, Fig. 8A) that conveys a strip-shaped sheet having a first surface and a second surface opposite to the first surface, with the first surface facing downward; a turn section (center drum 10, Fig. 8A) provided downstream of the first conveying section and having a convex curved surface that has an axis thereof extending in a width direction of the sheet, the turn section being configured to turn over the sheet along the convex curved surface such that the first surface faces inward; and a second conveying section (second drum 11, Fig. 8A) provided downstream of the turn section and configured to convey the sheet with the second surface facing downward, wherein the convex curved surface includes: a small-diameter portion 12 where air nozzles 44 for injecting air are formed; and a pair of large-diameter portions 22 disposed on both sides of the small-diameter portion in an axis direction and extending outward in a radial direction relative to the small-diameter portion to support both end portions of the sheet in the width direction thereof. See col. 8, lines 2-27.
Regarding claim 2, Vuorinen discloses the sheet conveying apparatus according to claim 1. Regarding the language: “wherein the sheet has a pair of uncoated portions not coated with the coating material, at both end portions of the first surface in the width direction, and the pair of large-diameter portions supports the uncoated portions”, the inclusion of the material or article worked upon by a structure does not impart patentability to the claims. See MPEP § 2115.
Regarding claim 3, Vuorinen discloses the sheet conveying apparatus according to claim 1, wherein the pair of large-diameter portions 22 is configured to be rotatable around a rotary shaft 27 extending in the axis direction. Col. 8, lines 49-50.
Regarding claim 4, Vuorinen discloses the sheet conveying apparatus according to claim 3, wherein the pair of large-diameter portions 22 is provided with suction holes 53, through which air is drawn in. Col. 9, lines 48-56.
Regarding claim 6, Vuorinen discloses the sheet conveying apparatus according to claim 1. Regarding the language: “wherein the sheet is an electrode sheet having the first surface coated with a paste containing an electrode active material”, the inclusion of the material or article worked upon by a structure does not impart patentability to the claims. See MPEP § 2115.
Claim Rejections - 35 USC § 103
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Vuorinen.
Regarding claim 5, Vuorinen discloses the sheet conveying apparatus according to claim 3, further comprising: a pair of auxiliary rollers 61, the auxiliary rollers being in contact with the pair of respective large-diameter portions 22. See col. 9, lines 31-33 and Fig. 4. Vuorinen lacks the explicit disclosure of the auxiliary rollers configured to be rotatable around a rotary shaft extending in parallel with the rotary shaft 27 of the pair of large-diameter portions. It would have been obvious to a person having ordinary skill in the art at the time of the effective filing date to have the auxiliary rollers configured to be rotatable around a rotary shaft extending in parallel with the rotary shaft of the pair of large-diameter portions, as using a shaft with a roller is very well-known in the art, in order to rotatably mount the rollers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hikita (US 6,427,941 B1) discloses a web transporting apparatus that transports a web while floating the web.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeremy R. Severson, whose telephone number is (571)272-2209. The examiner can normally be reached Monday through Friday.
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, Duane Smith, can be reached at (571) 272-1166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEREMY R SEVERSON/Primary Examiner, Art Unit 1759