DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on July 16, 2025 in which claims 1-19 are presented for examination.
Abstract
This application does not contain an abstract of the disclosure as required by 37 CFR 1.72(b). An abstract on a separate sheet is required.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81. No new matter may be introduced in the required drawing.
Applicant is given a shortened statutory period of TWO (2) MONTHS to submit a drawing in compliance with 37 CFR 1.81. Extensions of time may be obtained under the provisions of 37 CFR 1.136(a) but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133). Failure to timely submit a drawing will result in ABANDONMENT of the application.
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 1-19 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “the impact elements (2, 4)”, in line 3, there is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “a pair of unheated impact elements (2, 4)”, which is indefinite since it is unclear if the pair of unheated impact elements are the same or in addition to the “at least one of the impact elements (2, 4)”, previously recited in claim 1. For purposes of examination, examiner is interpreting the pair of unheated impact elements (2, 4) as being the same as the at least one the impact elements (2, 4).
Claim 2 recites the limitation “the first and/or the second impact element (2, 4)”, there is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites “the first and/or the second impact element (2, 4)”, which is indefinite since it is unclear if the first and/or the second impact element (2, 4) are the same or in addition to the “at least one of the impact elements (2, 4)”, recited in claim 1. For purposes of examination, examiner is interpreting the first and/or the second impact element (2, 4) as being the same as the at least one the impact elements (2, 4).
Claim 5 recites the limitation “at least one of the driven impact elements (2, 4)”, there is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites “at least one of the driven impact elements (2, 4)”, which is indefinite since it is unclear if the at least one of the driven impact elements (2, 4)are the same or in addition to the “at least one of the impact elements (2, 4)”, recited in claim 1. For purposes of examination, examiner is interpreting at least one of the driven impact elements (2, 4) as being the same as the at least one the impact elements (2, 4).
Claim 8 recites the limitation “the upper impact element (2)”, there is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “the first and/or the second impact element (2, 4)”, there is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites “the first and/or the second impact element (2, 4)”, which is indefinite since it is unclear if the first and/or the second impact element (2, 4) are the same or in addition to the “at least one of the impact elements (2, 4)”, recited in claim 1. For purposes of examination, examiner is interpreting the first and/or the second impact element (2, 4) as being the same as the at least one the impact elements (2, 4).
All dependent claims are rejected for depending from a rejected base claim.
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 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.
Claims 1-4, 6-10 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Payet et al. (4,534,819)[Payet].
Regarding claim 1, Payet teaches, A method for thermally separating a textile (10) consisting of plastic fibers (9), wherein an impact pulse, a stroke movement of at least one of the impact elements (2, 4) extending perpendicularly to the textile (10) with a penetration time of at least one of the impact elements (2, 4) into the textile (10) of less than 10 ms, acts on the textile (10) arranged in at least one layer between a pair of unheated impact elements (2, 4), whereby the textile (10) is separated between the impact elements (2, 4) and a separation edge (12) of bonded plastic fibers (9) is formed; characterized in that the opposing impact elements (2, 4) are used in a high-speed, continuous process (“The cut and sealed edge E comprises a fused mass of the thermoplastic fibers bonded to each other and to any other fibers in the mass, as is schematically illustrated in FIG. 2”, Col. 5 ln. 58-61, “Considering now the ultrasonic apparatus 10 and process utilized to produce the above described novel textile fabric T with a cut and sealed edge E of the desired characteristics discussed above, there is shown in FIG. 1 such ultrasonic apparatus 10 positioned along each of the longitudinal edges of moving textile fabric T for removing undesirable fringed selvage S and forming ultrasonically cut and sealed edges E along each side of the textile fabric T and parallel with the warp yarns W. This apparatus 10 may include features for ultrasonically cutting off predetermined widths of selvages from each side of the textile fabric T regardless of transverse variations in the path of travel or variations in the width of the textile fabric T and sealing the cut edges of the textile fabric T, as disclosed in copending application Ser. No. 555,451, filed concurrently herewith, and assigned to the assignee of the present application. Also, it is to be understood that, although not illustrated, the apparatus 10 could be utilized for transversely cutting the textile fabric T parallel to the filling yarns F to cut the textile fabric T into individual pieces and, in such an arrangement, the apparatus 10 would either be moved transversely across the textile fabric T or the textile fabric T moved transversely through the apparatus 10, as desired. The apparatuses 10, as illustrated in FIG. 1, may be mounted either directly on a textile loom for removing undesirable selvage S as the textile fabric is fed from the weaving apparatus to the take-up mechanisms of such loom or may constitute a part of an entirely separate machine for off-the-loom removal of undesirable selvage S, as more fully illustrated and described in the aforementioned copending application. Accordingly, in FIG. 2, there is simply illustrated in schematic block form a supply means 11 and a take-up means 12 which may constitute parts of a textile loom or may constitute parts of a separate off-the-loom machine. This supply 11 and take-up 12 include, either together or separately, means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed. Such feeding means may take any form desired according to whether such feeding means forms a part of a textile loom or a separate off-the-loom machine and further illustration and description is not believed necessary herein. The ultrasonic cutting and sealing apparatus 10 includes conventional devices which are well understood by those with ordinary skill in the art including transducer and booster means, schematically illustrated and indicated at 15. The transducer means receives electrical energy from a power supply (not shown) and converts such electrical energy to mechanical vibrations. The booster means, depending upon its construction, has the capability of boosting the vibrational energy up to a ratio of about 1 to 2.5. The conventional devices of such ultrasonic cutting and sealing means 10 also include a sonic horn means 16 attached to the transducer and booster means 15 for vibrating up and down against an anvil means 17 as a result of the vibrational energy produced by the transducer and booster means 15. The textile fabric T is passed between the sonic horn means 16 and the anvil means 17 for producing the ultrasonic cutting and sealing operation.”, Col. 6-7 ln. 47-42, therefore, A method for thermally separating T consisting of plastic fibers (Col. 5 ln. 58-61), wherein an impact pulse (“ultrasonically cutting off predetermined widths of selvages from each side of the textile fabric T”), a stroke movement of at least one of the impact elements 16/17 extending perpendicularly to T with a penetration time of at least one of the impact elements 16/17 into T of less than 10 ms, acts on T arranged in at least one layer between a pair of unheated impact elements 16/17, whereby T is separated between 16/17 and a separation edge E of bonded plastic fibers is formed; characterized in that the opposing 16/17 are used in a high-speed, continuous process (“means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed”), figures 1, 4 and 5).
Regarding claim 2, Payet teaches, wherein the first and/or the second impact element (2, 4) is configured as a rolling tool (42) and the rolling tool (42) moves along in a web-guiding process with continuous feed (“By way of background, during applicants' experimentation, it was found that previously used wheel-type anvils, known as "half anvils", having only one surface 21 extending outwardly from a cutting edge 20, known in the trade as "half anvils", presented a serious problem with respect to wear. The razor-like cutting edge of these "half anvils" resulted in significant wear of such cutting edge in a matter of minutes by the action of the sonic horn means vibrating against such anvils. It was further determined that when using anvils having two surfaces 21, 22 extending in opposite directions from the cutting edge to reduce such wear and wherein the second surface 22 of the anvil 17 had the same included acute angle as the first surface 21, sufficient sharpness was not provided to the cutting edge 20 of the anvil 17 to effect a clean and sharp cut of the textile fabric T.”, Col. 9 ln. 8-23, “It has long been accepted by manufacturers of ultrasonic apparatus that the major criteria of the rate of speed for feeding fabric T through ultrasonic slitting and sealing apparatus 10 was determined by only one factor, i.e. the overall power of the apparatus 10. For example, a 1,000 watt ultrasonic apparatus 10 was thought to be able to cut and seal at a faster rate than a 150 watt apparatus 10. However, applicants have determined that power is not the most critical criteria of fabric speed, but rather frequency of vibration of the sonic horn means 16. In that regard, the moving textile fabric T will receive a predetermined number of poundings or contact by the sonic horn means 16 and anvil means 17 while it passes therebetween. Accordingly, if the textile fabric T passes between the sonic horn means 16 and the anvil means 17 too rapidly, less poundings or contacts are received and, in some cases, too few poundings or contacts will be received to obtain the desired sealing in the cut and sealed edge E of the textile fabric T to provide the above discussed desired wash durability. On the other hand, if the sonic horn means 16 vibrates at a faster frequency or rate, the textile fabric T will receive the same number of poundings or contacts at higher rates of speed of feeding of the fabric T through the ultrasonic apparatus 10”, Col. 11 ln. 10-34, therefore, wherein 17 of 16/17 is configured as a rolling tool and the rolling tool moves along in a web-guiding process with continuous feed, figures 1, 4 and 5, see also Col. 7 ln. 4-24).
Regarding claim 3, Payet teaches, wherein the first and/or the second impact element (2, 4) is configured as a tool that pivots toward the effective point and acts in a web-guiding process with continuous feed (“By way of background, during applicants' experimentation, it was found that previously used wheel-type anvils, known as "half anvils", having only one surface 21 extending outwardly from a cutting edge 20, known in the trade as "half anvils", presented a serious problem with respect to wear. The razor-like cutting edge of these "half anvils" resulted in significant wear of such cutting edge in a matter of minutes by the action of the sonic horn means vibrating against such anvils. It was further determined that when using anvils having two surfaces 21, 22 extending in opposite directions from the cutting edge to reduce such wear and wherein the second surface 22 of the anvil 17 had the same included acute angle as the first surface 21, sufficient sharpness was not provided to the cutting edge 20 of the anvil 17 to effect a clean and sharp cut of the textile fabric T.”, Col. 9 ln. 8-23, “It has long been accepted by manufacturers of ultrasonic apparatus that the major criteria of the rate of speed for feeding fabric T through ultrasonic slitting and sealing apparatus 10 was determined by only one factor, i.e. the overall power of the apparatus 10. For example, a 1,000 watt ultrasonic apparatus 10 was thought to be able to cut and seal at a faster rate than a 150 watt apparatus 10. However, applicants have determined that power is not the most critical criteria of fabric speed, but rather frequency of vibration of the sonic horn means 16. In that regard, the moving textile fabric T will receive a predetermined number of poundings or contact by the sonic horn means 16 and anvil means 17 while it passes therebetween. Accordingly, if the textile fabric T passes between the sonic horn means 16 and the anvil means 17 too rapidly, less poundings or contacts are received and, in some cases, too few poundings or contacts will be received to obtain the desired sealing in the cut and sealed edge E of the textile fabric T to provide the above discussed desired wash durability. On the other hand, if the sonic horn means 16 vibrates at a faster frequency or rate, the textile fabric T will receive the same number of poundings or contacts at higher rates of speed of feeding of the fabric T through the ultrasonic apparatus 10”, Col. 11 ln. 10-34, therefore, wherein the first and/or the second impact element 16/17 is configured as a tool that pivots toward the effective point and acts in a web-guiding process with continuous feed).
Regarding claim 4, Payet teaches, wherein the first and/or the second impact element (2, 4) is configured as a tool carried along with the web during the separation process and acts in a web-guiding process with continuous feed (“By way of background, during applicants' experimentation, it was found that previously used wheel-type anvils, known as "half anvils", having only one surface 21 extending outwardly from a cutting edge 20, known in the trade as "half anvils", presented a serious problem with respect to wear. The razor-like cutting edge of these "half anvils" resulted in significant wear of such cutting edge in a matter of minutes by the action of the sonic horn means vibrating against such anvils. It was further determined that when using anvils having two surfaces 21, 22 extending in opposite directions from the cutting edge to reduce such wear and wherein the second surface 22 of the anvil 17 had the same included acute angle as the first surface 21, sufficient sharpness was not provided to the cutting edge 20 of the anvil 17 to effect a clean and sharp cut of the textile fabric T.”, Col. 9 ln. 8-23, “It has long been accepted by manufacturers of ultrasonic apparatus that the major criteria of the rate of speed for feeding fabric T through ultrasonic slitting and sealing apparatus 10 was determined by only one factor, i.e. the overall power of the apparatus 10. For example, a 1,000 watt ultrasonic apparatus 10 was thought to be able to cut and seal at a faster rate than a 150 watt apparatus 10. However, applicants have determined that power is not the most critical criteria of fabric speed, but rather frequency of vibration of the sonic horn means 16. In that regard, the moving textile fabric T will receive a predetermined number of poundings or contact by the sonic horn means 16 and anvil means 17 while it passes therebetween. Accordingly, if the textile fabric T passes between the sonic horn means 16 and the anvil means 17 too rapidly, less poundings or contacts are received and, in some cases, too few poundings or contacts will be received to obtain the desired sealing in the cut and sealed edge E of the textile fabric T to provide the above discussed desired wash durability. On the other hand, if the sonic horn means 16 vibrates at a faster frequency or rate, the textile fabric T will receive the same number of poundings or contacts at higher rates of speed of feeding of the fabric T through the ultrasonic apparatus 10”, Col. 11 ln. 10-34, therefore, therefore, wherein the first and/or the second impact element 16/17 is configured as a tool carried along with the web during the separation process and acts in a web-guiding process with continuous feed).
Regarding claim 6, Payet teaches, wherein the impact pulse transmitted by at least one of the driven impact elements (2, 4) via at least one pre- tensioning roller (42) acts on the textile (10), wherein at least one impact element (2, 4) initially applies the impact pulse to at least one pre-tensioning roller (42) for transfer to the textile (10).
Regarding claim 7, Payet teaches, wherein the mechanical drive that generates the impact pulse is provided by spring force, a drop weight, a magnetic drive, or a cam gear (“The means mounting the anvil means 17 under a predetermined pressure and for movement away from the sonic horn means 16 a predetermined distance may include a clevis device 38 for carrying the anvil means 17 for rotation, if desired, to present a fresh cutting edge 20 and fresh surfaces 21, 22 for contact by the face 18 of the sonic horn means 16. The clevis 38 is supported by a compression spring means or device 39 for being compressed upon contact of the face 18 of the sonic horn 16 with the anvil means 17 so that the anvil means may move away from and float with movement of the sonic horn means 16. By this invention, it has been found that the anvil means should be able to move from about 1/16 to 1/8 inch away from the sonic horn means 16 upon contact of the anvil means 17 by the horn means 16. The compression spring device 39 is in turn supported by an air-operated piston and cyliner means 40 which, through the compression spring device 39, exerts the predetermined pressure on the anvil means 39. The piston and cylinder means 40 receives air under a regulated predetermined pressure from a suitable source (not shown) through inlet 41.”, Col. 10 ln. 20-41, therefore, wherein the mechanical drive that generates the impact pulse is provided by spring force, a drop weight, a magnetic drive, or a cam gear).
Regarding claim 8, Payet teaches, wherein the impact pulse is applied by the upper impact element (2) alone or by both opposing impact elements (2, 4)(“ “The means mounting the anvil means 17 under a predetermined pressure and for movement away from the sonic horn means 16 a predetermined distance may include a clevis device 38 for carrying the anvil means 17 for rotation, if desired, to present a fresh cutting edge 20 and fresh surfaces 21, 22 for contact by the face 18 of the sonic horn means 16. The clevis 38 is supported by a compression spring means or device 39 for being compressed upon contact of the face 18 of the sonic horn 16 with the anvil means 17 so that the anvil means may move away from and float with movement of the sonic horn means 16. By this invention, it has been found that the anvil means should be able to move from about 1/16 to 1/8 inch away from the sonic horn means 16 upon contact of the anvil means 17 by the horn means 16. The compression spring device 39 is in turn supported by an air-operated piston and cyliner means 40 which, through the compression spring device 39, exerts the predetermined pressure on the anvil means 39. The piston and cylinder means 40 receives air under a regulated predetermined pressure from a suitable source (not shown) through inlet 41.”, Col. 10 ln. 20-41, therefore, wherein the impact pulse is applied by the upper impact element 16 alone or by both opposing impact elements 16/17, figures 1, 4 and 5).
Regarding claim 9, Payet teaches, a device for thermally separating a textile (10) consisting of plastic fibers (9), wherein the device (1) comprises a pair of unheated impact elements (2, 4) between which the textile (10) is arranged in at least one layer during the separation process, and further comprises a device for generating a pulse (30), which is configured to introduce an impact pulse into at least one of the impact elements (2, 4); characterized in that the first and/or the second impact element (2, 4) are configured and arranged to act in a high-speed, continuous process (“The cut and sealed edge E comprises a fused mass of the thermoplastic fibers bonded to each other and to any other fibers in the mass, as is schematically illustrated in FIG. 2”, Col. 5 ln. 58-61, “Considering now the ultrasonic apparatus 10 and process utilized to produce the above described novel textile fabric T with a cut and sealed edge E of the desired characteristics discussed above, there is shown in FIG. 1 such ultrasonic apparatus 10 positioned along each of the longitudinal edges of moving textile fabric T for removing undesirable fringed selvage S and forming ultrasonically cut and sealed edges E along each side of the textile fabric T and parallel with the warp yarns W. This apparatus 10 may include features for ultrasonically cutting off predetermined widths of selvages from each side of the textile fabric T regardless of transverse variations in the path of travel or variations in the width of the textile fabric T and sealing the cut edges of the textile fabric T, as disclosed in copending application Ser. No. 555,451, filed concurrently herewith, and assigned to the assignee of the present application. Also, it is to be understood that, although not illustrated, the apparatus 10 could be utilized for transversely cutting the textile fabric T parallel to the filling yarns F to cut the textile fabric T into individual pieces and, in such an arrangement, the apparatus 10 would either be moved transversely across the textile fabric T or the textile fabric T moved transversely through the apparatus 10, as desired. The apparatuses 10, as illustrated in FIG. 1, may be mounted either directly on a textile loom for removing undesirable selvage S as the textile fabric is fed from the weaving apparatus to the take-up mechanisms of such loom or may constitute a part of an entirely separate machine for off-the-loom removal of undesirable selvage S, as more fully illustrated and described in the aforementioned copending application. Accordingly, in FIG. 2, there is simply illustrated in schematic block form a supply means 11 and a take-up means 12 which may constitute parts of a textile loom or may constitute parts of a separate off-the-loom machine. This supply 11 and take-up 12 include, either together or separately, means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed. Such feeding means may take any form desired according to whether such feeding means forms a part of a textile loom or a separate off-the-loom machine and further illustration and description is not believed necessary herein. The ultrasonic cutting and sealing apparatus 10 includes conventional devices which are well understood by those with ordinary skill in the art including transducer and booster means, schematically illustrated and indicated at 15. The transducer means receives electrical energy from a power supply (not shown) and converts such electrical energy to mechanical vibrations. The booster means, depending upon its construction, has the capability of boosting the vibrational energy up to a ratio of about 1 to 2.5. The conventional devices of such ultrasonic cutting and sealing means 10 also include a sonic horn means 16 attached to the transducer and booster means 15 for vibrating up and down against an anvil means 17 as a result of the vibrational energy produced by the transducer and booster means 15. The textile fabric T is passed between the sonic horn means 16 and the anvil means 17 for producing the ultrasonic cutting and sealing operation.”, Col. 6-7 ln. 47-42, therefore, A device for thermally separating a textile T consisting of plastic fibers (Col. 5 ln. 58-61), wherein the device (1) comprises a pair of unheated impact elements 16/17 between which T is arranged in at least one layer during the separation process, and further comprises a device for generating a pulse (“ultrasonically cutting off predetermined widths of selvages from each side of the textile fabric T”), which is configured to introduce an impact pulse into at least one of the impact elements 16/17; characterized in that the first and/or the second impact element 16/17 are configured and arranged to act in a high-speed, continuous process (“means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed”), figures 1, 4 and 5).
Regarding claim 10, Payet teaches, wherein the first and/or the second impact element (2, 4) is configured, according to a first embodiment, as a rolling tool (42), according to a second embodiment as a tool pivoting toward the effective point, or according to a third embodiment as a tool carried along with the web during the separation process (“By way of background, during applicants' experimentation, it was found that previously used wheel-type anvils, known as "half anvils", having only one surface 21 extending outwardly from a cutting edge 20, known in the trade as "half anvils", presented a serious problem with respect to wear. The razor-like cutting edge of these "half anvils" resulted in significant wear of such cutting edge in a matter of minutes by the action of the sonic horn means vibrating against such anvils. It was further determined that when using anvils having two surfaces 21, 22 extending in opposite directions from the cutting edge to reduce such wear and wherein the second surface 22 of the anvil 17 had the same included acute angle as the first surface 21, sufficient sharpness was not provided to the cutting edge 20 of the anvil 17 to effect a clean and sharp cut of the textile fabric T.”, Col. 9 ln. 8-23, “It has long been accepted by manufacturers of ultrasonic apparatus that the major criteria of the rate of speed for feeding fabric T through ultrasonic slitting and sealing apparatus 10 was determined by only one factor, i.e. the overall power of the apparatus 10. For example, a 1,000 watt ultrasonic apparatus 10 was thought to be able to cut and seal at a faster rate than a 150 watt apparatus 10. However, applicants have determined that power is not the most critical criteria of fabric speed, but rather frequency of vibration of the sonic horn means 16. In that regard, the moving textile fabric T will receive a predetermined number of poundings or contact by the sonic horn means 16 and anvil means 17 while it passes therebetween. Accordingly, if the textile fabric T passes between the sonic horn means 16 and the anvil means 17 too rapidly, less poundings or contacts are received and, in some cases, too few poundings or contacts will be received to obtain the desired sealing in the cut and sealed edge E of the textile fabric T to provide the above discussed desired wash durability. On the other hand, if the sonic horn means 16 vibrates at a faster frequency or rate, the textile fabric T will receive the same number of poundings or contacts at higher rates of speed of feeding of the fabric T through the ultrasonic apparatus 10”, Col. 11 ln. 10-34, therefore, wherein the first and/or the second impact element 16/17 is configured, according to a first embodiment, as a rolling tool, according to a second embodiment as a tool pivoting toward the effective point, or according to a third embodiment as a tool carried along with the web during the separation process, figures 1, 4 and 5).
Regarding claim 14, Payet teaches, wherein the pair of impact elements (2, 4) comprises at least a first impact element (2) with an effective area having a profiled cross-section (6')(“By way of background, during applicants' experimentation, it was found that previously used wheel-type anvils, known as "half anvils", having only one surface 21 extending outwardly from a cutting edge 20, known in the trade as "half anvils", presented a serious problem with respect to wear. The razor-like cutting edge of these "half anvils" resulted in significant wear of such cutting edge in a matter of minutes by the action of the sonic horn means vibrating against such anvils. It was further determined that when using anvils having two surfaces 21, 22 extending in opposite directions from the cutting edge to reduce such wear and wherein the second surface 22 of the anvil 17 had the same included acute angle as the first surface 21, sufficient sharpness was not provided to the cutting edge 20 of the anvil 17 to effect a clean and sharp cut of the textile fabric T.”, Col. 9 ln. 8-23, “It has long been accepted by manufacturers of ultrasonic apparatus that the major criteria of the rate of speed for feeding fabric T through ultrasonic slitting and sealing apparatus 10 was determined by only one factor, i.e. the overall power of the apparatus 10. For example, a 1,000 watt ultrasonic apparatus 10 was thought to be able to cut and seal at a faster rate than a 150 watt apparatus 10. However, applicants have determined that power is not the most critical criteria of fabric speed, but rather frequency of vibration of the sonic horn means 16. In that regard, the moving textile fabric T will receive a predetermined number of poundings or contact by the sonic horn means 16 and anvil means 17 while it passes therebetween. Accordingly, if the textile fabric T passes between the sonic horn means 16 and the anvil means 17 too rapidly, less poundings or contacts are received and, in some cases, too few poundings or contacts will be received to obtain the desired sealing in the cut and sealed edge E of the textile fabric T to provide the above discussed desired wash durability. On the other hand, if the sonic horn means 16 vibrates at a faster frequency or rate, the textile fabric T will receive the same number of poundings or contacts at higher rates of speed of feeding of the fabric T through the ultrasonic apparatus 10”, Col. 11 ln. 10-34, therefore, wherein the pair of impact elements 16/17 comprises at least a first impact element 17 with an effective area having a profiled cross-section, figures 1, 4 and 5).
Regarding claim 15, Payet teaches, wherein the profiled cross-section (6') is designed as a radius R1 (wherein the profiled cross-section (6') is designed as a radius R1, figures 1, 4 and 5).
Regarding claim 16, Payet teaches, wherein the profiled cross-section (6') is wedge-shaped with an angle a against the flat effective area of the second impact element (4), the wedge tip of which is designed as radius R3 (“By way of background, during applicants' experimentation, it was found that previously used wheel-type anvils, known as "half anvils", having only one surface 21 extending outwardly from a cutting edge 20, known in the trade as "half anvils", presented a serious problem with respect to wear. The razor-like cutting edge of these "half anvils" resulted in significant wear of such cutting edge in a matter of minutes by the action of the sonic horn means vibrating against such anvils. It was further determined that when using anvils having two surfaces 21, 22 extending in opposite directions from the cutting edge to reduce such wear and wherein the second surface 22 of the anvil 17 had the same included acute angle as the first surface 21, sufficient sharpness was not provided to the cutting edge 20 of the anvil 17 to effect a clean and sharp cut of the textile fabric T.”, Col. 9 ln. 8-23, wherein the profiled cross-section (6') is wedge-shaped with an angle a against the flat effective area of the second impact element (4), the wedge tip of which is designed as radius R3, figures 1, 4 and 5).
Regarding claim 17, Payet teaches, wherein the pair of impact elements (2, 4) comprises a second impact element (4) with a flat effective area (6) or with a profiled cross-section (6') (wherein the pair of impact elements 16/17 comprises a second impact element 16 with a flat effective area or with a profiled cross-section, figures 1, 4 and 5).
Regarding claim 18, Payet teaches, wherein the pulse-generating device (30) is configured to act on only one impact element (2, 4) alone or on both the first and the second impact element (2, 4) simultaneously (Accordingly, in FIG. 2, there is simply illustrated in schematic block form a supply means 11 and a take-up means 12 which may constitute parts of a textile loom or may constitute parts of a separate off-the-loom machine. This supply 11 and take-up 12 include, either together or separately, means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed. Such feeding means may take any form desired according to whether such feeding means forms a part of a textile loom or a separate off-the-loom machine and further illustration and description is not believed necessary herein. The ultrasonic cutting and sealing apparatus 10 includes conventional devices which are well understood by those with ordinary skill in the art including transducer and booster means, schematically illustrated and indicated at 15. The transducer means receives electrical energy from a power supply (not shown) and converts such electrical energy to mechanical vibrations. The booster means, depending upon its construction, has the capability of boosting the vibrational energy up to a ratio of about 1 to 2.5. The conventional devices of such ultrasonic cutting and sealing means 10 also include a sonic horn means 16 attached to the transducer and booster means 15 for vibrating up and down against an anvil means 17 as a result of the vibrational energy produced by the transducer and booster means 15. The textile fabric T is passed between the sonic horn means 16 and the anvil means 17 for producing the ultrasonic cutting and sealing operation.”, Col. 6-7 ln. 47-42, therefore, wherein the pulse-generating device (30) is configured to act on only one impact element 16/17 alone or on both the first and the second impact element 16/17 simultaneously, figures 1, 4 and 5).
Regarding claim 19, Payet teaches, wherein the pulse-generating device (30) comprises a spring, a drop weight, or a mechanical gear (“The means mounting the anvil means 17 under a predetermined pressure and for movement away from the sonic horn means 16 a predetermined distance may include a clevis device 38 for carrying the anvil means 17 for rotation, if desired, to present a fresh cutting edge 20 and fresh surfaces 21, 22 for contact by the face 18 of the sonic horn means 16. The clevis 38 is supported by a compression spring means or device 39 for being compressed upon contact of the face 18 of the sonic horn 16 with the anvil means 17 so that the anvil means may move away from and float with movement of the sonic horn means 16. By this invention, it has been found that the anvil means should be able to move from about 1/16 to 1/8 inch away from the sonic horn means 16 upon contact of the anvil means 17 by the horn means 16. The compression spring device 39 is in turn supported by an air-operated piston and cyliner means 40 which, through the compression spring device 39, exerts the predetermined pressure on the anvil means 39. The piston and cylinder means 40 receives air under a regulated predetermined pressure from a suitable source (not shown) through inlet 41.”, Col. 10 ln. 20-41, therefore, wherein the pulse-generating device comprises a spring, a drop weight, or a mechanical gear).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 5 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Payet et al. (4,534,819)[Payet] in view of Pryor et al. (2012/0073249)[Pryor].
Regarding claim 5, Payet teaches, wherein in a step preceding the impact pulse, and then the impact pulse of at least one of the driven impact elements (2, 4) acts on the textile (10) (“Accordingly, in FIG. 2, there is simply illustrated in schematic block form a supply means 11 and a take-up means 12 which may constitute parts of a textile loom or may constitute parts of a separate off-the-loom machine. This supply 11 and take-up 12 include, either together or separately, means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed. Such feeding means may take any form desired according to whether such feeding means forms a part of a textile loom or a separate off-the-loom machine and further illustration and description is not believed necessary herein. The ultrasonic cutting and sealing apparatus 10 includes conventional devices which are well understood by those with ordinary skill in the art including transducer and booster means, schematically illustrated and indicated at 15. The transducer means receives electrical energy from a power supply (not shown) and converts such electrical energy to mechanical vibrations. The booster means, depending upon its construction, has the capability of boosting the vibrational energy up to a ratio of about 1 to 2.5. The conventional devices of such ultrasonic cutting and sealing means 10 also include a sonic horn means 16 attached to the transducer and booster means 15 for vibrating up and down against an anvil means 17 as a result of the vibrational energy produced by the transducer and booster means 15. The textile fabric T is passed between the sonic horn means 16 and the anvil means 17 for producing the ultrasonic cutting and sealing operation.”, Col. 6-7 ln. 47-42, therefore, wherein in a step preceding the impact pulse, and then the impact pulse of at least one of the driven impact elements (2, 4) acts on the textile (10)).
Payet fails to teach, wherein in a step preceding the impact pulse, the textile (10) is subjected to a pre-tensioning force Fv by means of at least one pre-tensioning roller (42).
Pryor teaches, wherein in a step preceding the impact pulse, the textile (10) is subjected to a pre-tensioning force Fv by means of at least one pre-tensioning roller (42) and then the impact pulse of at least one of the driven impact elements (2, 4) acts on the textile (10)(“According to one aspect of the invention, a sheet interleaver system is provided for a slicing machine that includes a slicing plane for slicing an elongated food product and a sheet from web material beneath the elongated product. The interleaver system includes a supply of web material, a tension control station, a drawing station, an accumulation station, a feed station, and a controller.”, [0012], “The tension control station is provided between the supply of web material and the drawing station such that tension of the web material between the drawing station and the web supply can be controlled. Tension of the web material in the tension control station is controlled by use of a dancer roller that exerts a pre-selected force on the web throughout a range of travel of the dancer roller.”, [0016], “The web material 312 extends from the roll 308 and is threaded through a tension control station 610 and then to a drawing station 316.”, [0059], “The web material 312 extends from the roll 308 and is threaded through a tension control station 610 as illustrated in FIGS. 2 and 6. The station 610 includes a housing or frame 611. The web material 312 is first threaded across a first fixed upper idle roller 632 and a second fixed upper idle roller 634 (FIGS. 6 and 7). The web material 312 is then directed downward to wrap a dancer roller 636 and then directed upward to wrap a first lower fixed idle roller 638. The web material 312 is then directed downward to wrap a second lower fixed idle roller 640 and then directed upwards to feed station 330. The dancer roller 636 is mounted across a pair of levers 642 that can be pivoted about by a pivot attachment 646 to the frame 611.”, [0064], therefore, wherein in a step preceding the impact pulse, 312 is subjected to a pre-tensioning force Fv by means of at least one pre-tensioning roller 636, figures 6 and 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a step preceding the impact pulse of Payet, the preceding step being the textile is subjected to a pre-tensioning force Fv by means of at least one pre-tensioning roller as taught by Pryor to in order to provide “Tension of the web material in the tension control station is controlled by use of a dancer roller that exerts a pre-selected force on the web throughout a range of travel of the dancer roller.”, [0016].
Regarding claim 11, Payet teaches, presses the impact elements (2, 4) against each other and the impact pulse (“Accordingly, in FIG. 2, there is simply illustrated in schematic block form a supply means 11 and a take-up means 12 which may constitute parts of a textile loom or may constitute parts of a separate off-the-loom machine. This supply 11 and take-up 12 include, either together or separately, means for feeding the fabric T through the ultrasonic cutting and sealing apparatus 10 at a substantially constant predetermined rate of speed. Such feeding means may take any form desired according to whether such feeding means forms a part of a textile loom or a separate off-the-loom machine and further illustration and description is not believed necessary herein. The ultrasonic cutting and sealing apparatus 10 includes conventional devices which are well understood by those with ordinary skill in the art including transducer and booster means, schematically illustrated and indicated at 15. The transducer means receives electrical energy from a power supply (not shown) and converts such electrical energy to mechanical vibrations. The booster means, depending upon its construction, has the capability of boosting the vibrational energy up to a ratio of about 1 to 2.5. The conventional devices of such ultrasonic cutting and sealing means 10 also include a sonic horn means 16 attached to the transducer and booster means 15 for vibrating up and down against an anvil means 17 as a result of the vibrational energy produced by the transducer and booster means 15. The textile fabric T is passed between the sonic horn means 16 and the anvil means 17 for producing the ultrasonic cutting and sealing operation.”, Col. 6-7 ln. 47-42, therefore, presses the impact elements 16/17 against each other and the impact pulse).
Payet fails to teach, wherein a pre- tensioning device is included, which applies a pre-tensioning force (Fv) and presses the impact elements (2, 4) against each other by means of the pre-tensioning force (Fv) before the impact pulse.
Pryor teaches, wherein a pre- tensioning device is included, which applies a pre-tensioning force (Fv) and presses the impact elements (2, 4) against each other by means of the pre-tensioning force (Fv) before the impact pulse (“According to one aspect of the invention, a sheet interleaver system is provided for a slicing machine that includes a slicing plane for slicing an elongated food product and a sheet from web material beneath the elongated product. The interleaver system includes a supply of web material, a tension control station, a drawing station, an accumulation station, a feed station, and a controller.”, [0012], “The tension control station is provided between the supply of web material and the drawing station such that tension of the web material between the drawing station and the web supply can be controlled. Tension of the web material in the tension control station is controlled by use of a dancer roller that exerts a pre-selected force on the web throughout a range of travel of the dancer roller.”, [0016], “The web material 312 extends from the roll 308 and is threaded through a tension control station 610 and then to a drawing station 316.”, [0059], “The web material 312 extends from the roll 308 and is threaded through a tension control station 610 as illustrated in FIGS. 2 and 6. The station 610 includes a housing or frame 611. The web material 312 is first threaded across a first fixed upper idle roller 632 and a second fixed upper idle roller 634 (FIGS. 6 and 7). The web material 312 is then directed downward to wrap a dancer roller 636 and then directed upward to wrap a first lower fixed idle roller 638. The web material 312 is then directed downward to wrap a second lower fixed idle roller 640 and then directed upwards to feed station 330. The dancer roller 636 is mounted across a pair of levers 642 that can be pivoted about by a pivot attachment 646 to the frame 611.”, [0064], therefore, wherein a pre-tensioning device is included, which applies a pre-tensioning force (Fv) and presses the impact elements against each other by means of the pre-tensioning force (Fv), figures 6 and 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pressing of the impact elements against each other of Payet, by means of the pre-tensioning force (Fv) before the impact pulse as taught by Pryor to in order to provide “Tension of the web material in the tension control station is controlled by use of a dancer roller that exerts a pre-selected force on the web throughout a range of travel of the dancer roller.”, [0016].
Regarding claim 12, the combined references teach, wherein the pre- tensioning device is configured as a pre-tensioning roller (Pryor, wherein the pre- tensioning device is configured as a pre-tensioning roller 636, [0064], figures 6 and 7).
Regarding claim 13, the combined references teach, wherein at least one of the impact elements (2, 4) applies the impact pulse to the pre-tensioning roller (42) and the pre-tensioning roller (42) is configured to transmit the impact pulse, wherein the impact pulse is introduced into the textile (10) by the pre-tensioning roller (42)(as combined above as taught by Pryor, wherein at least one of the impact elements 16/17 of Payet applies the impact pulse to the pre-tensioning roller 636 of Payor and the pre-tensioning roller 636 is configured to transmit the impact pulse, wherein the impact pulse is introduced into T (of Payet) by the pre-tensioning roller 636, see Payet figures 1, 4 and 5, and Payor figures 6 and 7).
Conclusion
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
