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 .
1.Claims 4 and 12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4 and 12 are indefinite in reciting process limitations that do not limit the system in a structural sense.
2.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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chinese Patent CN 107639861 (see pages 1-6 of the translation; see Figures 1, 2 and 4) in view of Marks et al 2,369,593 (see 1, 2, 8, 9 and 13 in the Figure).
CN -861 discloses the basic claimed annealing system and method for plastic materials, the system comprising (see Fig. 2) a rack or fixture (11) for receiving the plastic material, a tank (1) for receiving the fixture and holding a heating liquid (oil), and a heating plate or element (25) disposed within the tank to heat the oil to a desired annealing temperature. Essentially, the primary reference fails to teach a hoist system designed to transport the fixture into and out of the mold. Marks et al (see the Figure) discloses a hoist (13) which transfers a frame (8) out of a hot water tank, wherein the tank is used to polymerize a polymer sheet within a cell (6). Clearly, it is known in the art to at least transfer a fixture holding a plastic product out of a hot water treating tank. It is submitted that one of ordinary skill in the art would realize that such a hoist would also have been equally used to transfer a fixture containing the plastic material into the tank. It would have been obvious to one of ordinary skill in this art to employ a hoist device as taught in Marks et al to transfer the fixture of CN -861 into and out of the tank to facilitate the placement and removal of the plastic product during the annealing. The use of a hoist to transfer items into and out of treatment tanks is nothing but conventional in the art and such would not have been a patentable feature in the instant claims. The fixture of the primary reference shown in Figure 4 therein shows an end stop (111-115) opposite an open end as set forth in instant claim 2. CN -861 discloses a controller (31) which would control the overall annealing and hence the temperature used therefor. It would have been obvious for the controller to control the positioning of the fixture in the combination as applied as recited in instant claim 3. The exact times and temperatures for the annealing as set forth in claims 3 and 4 would have been obvious dependent on the plastic product being treated. It is noted that the primary reference teaches using heated oil for the annealing. It is submitted that water is conventionally also used for annealing—Official Notice is hereby taken of this—and one of ordinary skill in the art would have been able to employ whichever heated fluid –ie, water or oil—deemed most desirable. The water treatment system of instant claims 5 and 6 is also conventional in the art—Official Notice is also taken of this—and such would have been an obvious modification to the system of CN -861 upon use of a heated water to facilitate the annealing using such a treating medium. Marks et al shows the formation of cast sheets and it is submitted that the exact form of the plastic material to be annealed would have been completely obvious dependent on the exact product being made. Instant claim 8 is shown as part numeral 41 in Figure 1 of the primary reference and Figure 4 shows dividers within the rack as set forth in instant claim 9. Claim 10 recites that the frame supports the material at an angle with respect to the floor of the fixture and that the controller is in electrical communication with the hoist system. It is submitted that the exact manner in which the plastic material is supported in the frame of the fixture would have been an obvious aspect in CN -861 dependent on exactly what shape the plastic material is formed in. Angling certain shapes, such as panels or sheets, may be advantageous for treatment. Also, whatever the plastic material being annealed in CN -861, it is clear that it would be placed in the fixture at some angle with respect to the floor thereof. As already noted, the incorporation of the hoist of Marks et al would have made the control thereover as obvious in the combination. Clearly, the controller would be designed to activate the heating element to heat the fluid, be it water or oil, and it would have been obvious to have the controller direct the hoist to submerge the plastic material in the heated fluid for a period of time as recited in instant claim 10. The motor of instant claim 11 is conventional in the art—Official Notice is hereby taken of this—and such would have been an obvious aspect in the combination as applied. Instant claim 12 is rejected for the same reasons as set forth with respect to instant claim 4, supra. It is submitted that the control panel 40 shown in Figure 1 along with elements 28-31 in Figure 2 constitute the display, memory and power supply of instant claim 13. Concerning method claim 14, it is submitted that the conclusion of the annealing and the removal of the plastic product from the tank would inherently bring about a cooling to a second temperature. The exact shape of the fixture as set forth in instant claim 15 would have been obvious dependent on the exact shape of the plastic material being treated. Providing additional shaping—relief—cuts to a plastic material is conventional in the art—Official Notice is hereby taken of this—and such would have been an obvious aspect in the method of CN -861 as set forth in instant claims 16 and 17 dependent on the exact final product desired. Cutting when the plastic is still hot from the annealing would be a feature understood to be advantageous so that additional heat is not required to make the relief cuts. It would appear that the fixture of the primary reference shown in Figure 4 therein teaches dividers for the rack and using a divider to separate the plastic material prior to placing it in the fixture as set forth in instant claim 18 would have been an obvious expedient thereover. The exact angling of the plastic material with respect to the floor of the fixture as set forth in instant claims 19 and 20 is submitted to be an obvious aspect in the method of CN -861 dependent on the exact product being treated.
3.Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATHIEU D VARGOT whose telephone number is (571)272-1211. The examiner can normally be reached on Mon-Fri from 9 to 6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina A Johnson, can be reached at telephone number 571 272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATHIEU D VARGOT/Primary Examiner, Art Unit 1742
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