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 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.
Accordingly. Claims 1 and 19 are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means for selecting….” in claims 8-9.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a) as being anticipated over Hiruma (US Patent 10,618,321).
With respect to claim 1, Hiruma teaches a vacuum platen for a printing operation wherein a printable design on a printing sheet or transfer film is transferred from the printing sheet or transfer film to a garment or other printable media, comprising:
a printing platen (41, 42) having a top surface and a bottom surface (refer to marked-up Figure 11 in the detailed action);
a vacuum port (43) on the printing platen (41, 42);
a first channel (44) provided within the printing platen (41, 42) between the top surface and the bottom surface of the printing platen (refer to marked-up Figure 11 in the detailed action), the first channel (44) fluidically connected to the vacuum port (Column 9, Lines 46-53), the first channel (44) defining a first activatable zone (45a, 45f, Figure 4) on the top surface of the printing platen;
at least a second channel (71) provided within the printing platen (41, 42) between the top surface and the bottom surface of the printing platen (Figures 2,3,4), the second channel (71) fluidically connected to the vacuum port (47), the second channel (71) defining a second activatable zone (45b, 45g, Figure 4) on the top surface of the printing platen;
a first plurality of openings (471a, 472f, Figure 4) provided within the first activatable zone (45a, 45f) between the first channel and the top surface of the printing platen (Figure 3);
a second plurality of openings (473b, 473g) provided within the second activatable zone (45b, 45g) between the second channel (44) and the top surface of the printing platen (Figure 2); and
means for selecting (43, 43a, 50) between the first activatable zone (45a, 45f) and the second activatable zone (45b, 45g) based on a size of the printing sheet or transfer film for the printing operation (Column 9, Line 46- Column 10, Line 10, Column 10, Line 66-Column 11, Line 30).
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With respect to claim 2, Hiruma teaches the top surface (refer to marked-up Figure 11 in the detailed action) of the printing platen (41, 42) is on a first platen portion and the bottom surface (refer to marked-up Figure 11 in the detailed action) of the printing platen (41, 42) is on a second platen portion, the first platen portion assembled together with the second platen portion to form the printing platen having the top surface and the bottom surface (Figures 3 and 11).
With respect to claim 3, Hiruma teaches the first platen portion is bonded together with the second platen portion (via 42b).
With respect to claim 4, Hiruma teaches the first channel (44) and the second channel (71) are machined (the term “machined” appears to indicate a method of manufacturing/method of making a channel, note the claims are apparatus claims and not a method of manufacturing/method of making claims, therefore Hiruma does have channels and it would be apparent the channels are machined in the platen) in at least one of the first platen portion (top portion as indicated in marked-up Figure 11 in the detailed action) and the second platen portion (bottom portion as indicated in marked-up Figure 11 in the detailed action) and are thereby provided between the top surface of the printing platen and the bottom surface of the printing platen when the first platen portion is assembled together with the second platen portion (Figure 11).
With respect to claim 5, Hiruma teaches the first channel (44) and the second channel (71) are machined in both the first platen portion and the second platen portion (the term “machined” appears to indicate a method of manufacturing/method of making a channel, note the claims are apparatus claims and not a method of manufacturing/method of making claims, therefore Hiruma does have channels and it would be apparent the channels are machined in the platen).
With respect to claim 6, the prior art teaches the claimed invention with the exception of the first channel and the second channel are machined as substantially square or rectangular shaped channels (the term “machined” appears to indicate a method of manufacturing/method of making a channel, note the claims are apparatus claims and not a method of manufacturing/method of making claims).
With respect to claim 7, Hiruma teaches the first channel and the second channel (44, 71) are concentric to each other (Figures 10, 11).
With respect to claim 8, Hiruma teaches the means for selecting (43, 43a, 50) includes a valve mechanism with a plurality of selectable channels formed therein for fluidically connecting the vacuum port in a first operating mode to the first channel, and in a second operating mode to the second channel (Column 9, Lines 46-53, Column 10, Line 23-Column 11, Line 30).
With respect to claim 9, Hiruma teaches the means for selecting includes a valve mechanism with a plurality of selectable channels formed therein for fluidically connecting the vacuum port to both of the first channel and the second channel simultaneously (Column 9, Lines 46-53, Column 10, Line 23-Column 11, Line 30).
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.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hiruma (US Patent 10,618,321) in view of Cowgill (US Patent 3,147,611).
With respect to claims 10 and 11, Hiruma teaches the claimed invention with the exception of at least one bleeder channel fluidically connecting a first channel and a second channel and the at least one bleeder channel is a low flow channel.
Cowgill teaches a valve apparatus with a bleeder channel fluidically connecting a first channel and a second channel (41, Column 7, Line72- Column 8, Line 9) and the one bleeder channel is a low flow channel (Column 2, Lines 26-29, Lines 44-48).
It would have been obvious to one of ordinary skill in the art before the present invention was made to modify the invention to provide a bleeder channel fluidically connecting a first channel and a second channel and the at least one bleeder channel is a low flow channel as taught by Cowgill for the purpose of regulating air flow to minimize pressure drop in the apparatus.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hiruma (US Patent 10,618,321) in view of Arredondo Rosales et al. (US Publication 2018/0237242).
With respect to claim 19, Hiruma teaches a vacuum platen for a printing operation wherein a printable design on a printing sheet or transfer film is transferred from the printing sheet or transfer film to a garment or other printable media, comprising:
a printing platen (326) having a top surface and a bottom surface (Figure 6);
a vacuum port (328) on the printing platen (326);
a first channel (44) provided within the printing platen (41, 42) between the top surface and the bottom surface of the printing platen (refer to marked-up Figure 11 in the detailed action), the first channel (44) fluidically connected to the vacuum port (Column 9, Lines 46-53), the first channel (44) defining a first activatable zone (45a, 45f, Figure 4) on the top surface of the printing platen;
at least a second channel (71) provided within the printing platen (41, 42) between the top surface and the bottom surface of the printing platen (Figures 2,3,4), the second channel (71) fluidically connected to the vacuum port (47), the second channel (71) defining a second activatable zone (45b, 45g, Figure 4) on the top surface of the printing platen;
a first plurality of openings (471a, 472f, Figure 4) provided within the first activatable zone (45a, 45f) between the first channel and the top surface of the printing platen (Figure 3);
a second plurality of openings (473b, 473g) provided within the second activatable zone (45b, 45g) between the second channel (44) and the top surface of the printing platen (Figure 2); and
means for selecting (43, 43a, 50) between the first activatable zone (45a, 45f) and the second activatable zone (45b, 45g) based on a size of the printing sheet or transfer film for the printing operation (Column 9, Line 46- Column 10, Line 10, Column 10, Line 66-Column 11, Line 30).
However, Hiruma does not explicitly disclose a plurality of microchannels formed in the top surface of the printing platen and open to the top surface of the printing platen, the plurality of microchannels fluidically connected to at least one of the first channel and the second. Arredondo Rosales et al. teaches a plurality of microchannels (24) formed in the top surface of a printing platen (10) and open to the top surface of the printing platen (10, Figure 3), the plurality of microchannels fluidically connected to at least one of a first channel (22) and a second channel (Figures 3, 4a).
It would have been obvious to one of ordinary skill in the art before the present invention was made to modify the invention to provide a microchannels formed in a top surface as taught by Arrendondo Rosales et al. for the purpose of providing a maximum amount of suction force for the medium.
Allowable Subject Matter
Claims 12-18 and 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.
With respect to claim 12, the prior art does not teach or render obvious at least one surface channel open to the top surface of the printing platen, the at least one surface channel fluidically connected to at least one of the first channel and the second channel.
With respect to claims 18 and 20, the prior art does not teach or render obvious a hose handling system having a bracket assembly for mounting below the printing platen, and a moveable arm rotationally attached via a spring biasing member to default in a first position, the movable arm rotating to a second position during operation, the hose handling system moving a supply hose during a printing operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Herrmann et al. (US Patent 11,667,136), de Ceano et al. (US Patent 10,994,559) and Mombourquette et al. (EP3666531) teaches platens with vacuum/suctioning means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA LIANA FERGUSON SAMRETH whose telephone number is (571)272-2163. The examiner can normally be reached M-F 8 a.m.-5 p.m.
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/Marissa Ferguson-Samreth/Examiner, Art Unit 2853
/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852
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