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 .
Response to Amendment
The amendment filed on 06/04/2026 has been entered. Claims 1 and 4-15 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 06/04/2026.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 13, "the at least one stripper roller" appears to read "at least one stripper roller" as it is the first time the limitation is recited.
Appropriate correction is required.
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, 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 1, 4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Behlouli (EP 3473753 A1) in view of Collotte (US 2003/0061686 A1) and further in view of Netzhammer (EP 0972865A1).
Regarding claim 1, Behlouli, in the context of describing a carding device, discloses a method for producing at least one fleece of fibers with few or no holes therein (a method of producing a web of non-woven where dust and impurities are sent back to carding drum 2 from doffer 3, therefore being capable of producing non-woven with few or no holes; fig. 1; see English translation; paras. 0037, 0039, 0045-0046), comprising the steps of:
- supplying a carding drum (main drum 2; fig. 1; para. 0037) with raw fibres so as to obtain carded fibers (fig. 1; paras. 0037-0039);
- collecting with at least one doffer roller (doffer 3; fig. 1; para. 0037) said carded fibres from said carding drum to form at least one fleece of fibers (a web of non-woven; fig. 1; para. 0039);
- stripping said at least one fleece of fibres formed on said at least one doffer roller (by detacher cylinder 7; fig. 1; para. 0053), the method also comprising:
- removing with at least one doffer cleaner flywheel (a dust collection cylinder 5 with teeth 5b; fig. 1; paras. 0041-0042, 0050) dust and impurities from said at least one doffer roller at an interface between said at least one doffer cleaner flywheel and said at least one doffer roller (fig. 1; paras. 0041-0042, 0050);
- preventing said dust and impurities removed at the interface from escaping from said at least one doffer cleaner flywheel in a direction of the at least one stripper roller, so that said dust and impurities do not fall on said at least one fleece of fibers deposited on said at least one output belt (the components of the carding system are configured for automatic passage of dust and impurities from the doffer 3 to return to the main drum 2 without further moving in a direction of the at least one stripper roller; fig. 1; paras. 0045-0046); and
- obtaining said at least one fleece of fibers with few or no holes (after detaching cylinder 7; fig. 1; para. 0053),
wherein the at least one doffer roller (doffer 3; fig. 1) is rotated in a first direction (counterclockwise 5a; fig. 1; para. 0044), said carding drum being rotated in a second direction (clockwise 2a; fig. 1; para. 0044), opposite said first direction (fig. 1; para. 0044).
Behlouli does not explicitly disclose the method comprising depositing said at least one fleece of fibres on at least one output belt, and obtaining said at least one fleece of fibers from said at least one output belt. However, Collotte, in an analogous art, teaches a method for producing at least one fleece of fibers (fig. 1; paras. 0011-0012) comprising: stripping at least one fleece of fibres (by take-off device 14a, 14b; fig. 1; para. 0021) formed on at least one doffer roller (doffer cylinders 11a, 11b; fig. 1; para. 0021) and depositing at least one fleece of fibres on at least one output belt (belts B, B'; fig. 1; paras. 0023-0025), and obtaining said at least one fleece of fibers from said output belt (fig. 1; paras. 0024-0025). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method as disclosed by Behlouli, with the method comprising depositing said at least one fleece of fibres on at least one output belt, and obtaining said at least one fleece of fibers from said at least one output belt as taught by Collotte, in order to use a common and easy method to efficiently transport the at least one stripped fleece to a downstream station.
Behlouli does not disclose wherein the at least one doffer cleaner flywheel is rotated in said second direction; i.e., opposite the rotational direction of the at least one doffer roller. However, Behlouli does disclose wherein the configuration of the carding drum, the at least one doffer roller, and the at least one doffer cleaner flywheel allows the at least one doffer cleaner flywheel to collect dust and impurities present at a lining of the at least one doffer roller and return the collected dust to the carding drum (fig. 1; paras. 0045-0046). Further, Netzhammer, in an analogous art, teaches a method of for producing at least one fleece of fibers using a carding device (a method of producing a fleece by a flying card 100; see English translation; figs. 1, 6; paras. 0001, 0017, 0021, 0028), the carding device comprising a doffer roller (take-off roller 46, which indirectly collects carded fibers from a carding drum 104, therefore can be considered as a doffer roller; figs. 1, 6; paras. 0017-0019, 0028) associated with a cleaner flywheel (brush roller 51A; fig. 6; paras. 0024, 0028), wherein the cleaner flywheel is configured to remove dust and impurities from the doffer roller (fig. 6; para. 0028), and wherein said at doffer roller (take-off roller 46; fig. 6) is rotated in a first direction (counterclockwise; fig. 6; para. 0029), and said doffer cleaner flywheel is rotated in a second direction opposite to said first direction (the bristles 50 of brush roller 51A move in the opposite direction to the direction of movement of the clothing tips of the take-off roller 46; fig. 6; para. 0029). Both Behlouli and Netzhammer teach a dust removal and collection configuration of a doffer roller and a cleaner flywheel. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the rotational direction of the at least one doffer flywheel cleaner as disclosed by Behlouli, to be opposite to the rotational direction of the at least one doffer roller as taught by Netzhammer, in order to efficiently send the dust and impurities from the doffer roller to the doffer cleaner flywheel and ensure that no fleece residues continue to travel to a downstream device (Netzhammer; para. 0028).
Regarding claim 4, Behlouli, Collotte and Netzhammer, in combination, disclose the method of Claim 1. Behlouli does not explicitly disclose wherein the preventing step comprises arranging a screen between the interface and the at least one stripper roller. However, Netzhammer teaches a method of for producing at least one fleece of fibers using a carding device (a method of producing a fleece by a flying card 100; see English translation; figs. 1, 6; paras. 0001, 0017, 0021, 0028), the method comprising arranging a screen (an enclosure of the brush roller 51A to block any residue continuing to travel; see fig. 6; para. 0028) substantially surrounding a cleaner flywheel (brush roller 51A; fig. 6; para. 0028) and extending to an interface between the cleaner flywheel and a doffer roller (take-off roller 46; fig. 6; para. 0028). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method as disclosed by Behlouli, by arranging a screen substantially surrounding a cleaner flywheel, in order to effectively remove all the residues from the cleaner flywheel by a suction device and also prevent any residue from further moving along with the nonwoven web (Netzhammer; para. 0028). By this modification, the screen would be arranged between the interface and the at least one stripper roller in Behlouli.
Regarding claim 14, Behlouli, in the context of describing a carding device, discloses a method for forming at least one fleece of fibers (a method of producing a web of non-woven; fig. 1; see English translation; paras. 0037, 0039, 0045-0046), comprising the steps of:
- supplying a carding drum (main drum 2; fig. 1; para. 0037) with raw fibres so as to obtain carded fibers (fig. 1; paras. 0037-0039);
- collecting with at least one doffer roller (doffer 3; fig. 1; para. 0037) said carded fibres directly from said carding drum to form at least one fleece of fibers (doffer 3 is next to the main drum 2; see fig. 1; para. 0039);
- stripping said at least one fleece of fibres formed on said at least one doffer roller (by detacher cylinder 7; fig. 1; para. 0053), the method also comprising:
- removing with at least one doffer cleaner flywheel (dust collection/recovery cylinder 5; fig. 1; paras. 0041-0042, 0050) dust and impurities from said at least one doffer roller at an interface between said at least one doffer cleaner flywheel and said at least one doffer roller (fig. 1; paras. 0041-0042, 0050); and
wherein said at least one doffer cleaner flywheel is rotated in a first direction (counterclockwise 5a; fig. 1; para. 0044), said at least one doffer roller is rotated in a second direction (counterclockwise 3a; fig. 1; para. 0044), and
wherein a peripheral speed of said at least one doffer cleaner flywheel is selected to be less than a peripheral speed of said at least doffer roller (as the rotation speed of the doffer 3 can be up to 250 rpm, and the rotation speed of the dust collection/recovery cylinder 5 can be as low as 50 rpm; fig. 6; paras. 0031, 0042).
Behlouli does not explicitly disclose the method comprising depositing said at least one fleece of fibres on at least one output belt. However, Collotte, in an analogous art, teaches a method for producing at least one fleece of fibers (fig. 1; paras. 0011-0012) comprising: stripping at least one fleece of fibres (by take-off device 14a, 14b; fig. 1; para. 0021) formed on at least one doffer roller (doffer cylinders 11a, 11b; fig. 1; para. 0021) and depositing at least one fleece of fibres on at least one output belt (belts B, B'; fig. 1; paras. 0023-0025). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method as disclosed by Behlouli, with the method comprising depositing said at least one fleece of fibres on at least one output belt as taught by Collotte, in order to use a common and easy method to efficiently transport the at least one stripped fleece to a downstream station.
Behlouli does not disclose said second direction being opposite to said first direction. However, Netzhammer, in an analogous art, teaches a method of for producing at least one fleece of fibers using a carding device (a method of producing a fleece by a flying card 100; see English translation; figs. 1, 6; paras. 0001, 0017, 0021, 0028), the carding device comprising a doffer roller (take-off roller 46; fig. 6; para. 0028) associated with a cleaner flywheel (brush roller 51A; fig. 6; paras. 0024, 0028), wherein the cleaner flywheel is configured to remove dust and impurities from the doffer roller (fig. 6; para. 0028), and wherein said doffer cleaner flywheel is rotated in a first direction, said at doffer roller is rotated in a second direction, said second direction being opposite to said first direction (the bristles 50 of brush roller 51A move in the opposite direction to the direction of movement of the clothing tips of the take-off roller 46; fig. 6; para. 0029). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the rotational direction of the at least one doffer flywheel cleaner as disclosed by Behlouli, to be opposite to the rotational direction of the at least one doffer roller as taught by Netzhammer, in order to efficiently send the dust and impurities from the doffer roller to the doffer cleaner flywheel and ensure that no fleece residues continue to travel to a downstream device (Netzhammer; para. 0028).
Regarding claim 15, Behlouli, Collotte and Netzhammer, in combination, disclose the method of claim 14. Behlouli does not disclose wherein said carding drum is rotated in said first direction; i.e., the same rotational direction as that of the at least one doffer cleaner flywheel. However, by modification of the first direction to be opposite to said second direction as discussed above for claim 14, said carding drum would be rotated in said first direction; i.e., the same rotational direction as that of the at least one doffer cleaner flywheel.
Claims 5-9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Behlouli, Collotte and Netzhammer and further in view of Naylor (GB 194083 A).
Regarding claim 5, Behlouli, Collotte and Netzhammer, in combination, disclose the method of Claim 1. Behlouli does not explicitly disclose wherein at least one carding drum cleaner flywheel is arranged upstream of said at least one doffer roller. However, Naylor, in an analogous art, teaches a carding system (the figure; claim 1), wherein a carding drum cleaner flywheel (cleaning roller h for carding drum b; the figure; page 2, ll. 91-99) is arranged upstream of a doffer roller (doffer c; the figure; page 2, ll. 91-99). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method as disclosed by Behlouli, with wherein a carding drum cleaner flywheel is arranged upstream of one of said at least one doffer roller as taught by Naylor, in order to clean fibers from the teeth of the carding drum thereby improving the carding efficiency (Naylor; page 3, ll. 3-8).
Regarding claim 6, Behlouli, Collotte, Netzhammer and Naylor, in combination, disclose the method of Claim 5, and Behlouli further discloses the method further comprising arranging at least one downstream airtight roller (cleaning cylinder 6; fig. 1; para. 0042) positioned at a lower position than the at least one doffer cleaner flywheel (doffer cleaning device 4; see fig. 1; para. 0042), engaging the at least one doffer roller (doffer roller 3; fig. 1) and the carding drum (main drum 2; see fig. 1), and being configured to rotate in an opposite direction of the carding drum (see fig. 1; para. 0042).
In addition, Naylor furthe teaches wherein the carding drum cleaner flywheel (cleaning roller h; see the figure) is arranged at a higher position than a doffer cleaner flywheel (cleaning roller d for doffer c; see the figure; page 2, ll. 91-99), and the carding drum cleaner flywheel being configured to rotate in an opposite direction of the carding drum (see the figure). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the method, with wherein the drum cleaner flywheel is arranged at a higher position than a doffer cleaner flywheel, and the drum cleaner flywheel configured to rotate in an opposite direction of the carding drum as taught by Naylor, in order to provide suitable positions for the drum cleaner flywheel and the doffer cleaner flywheel to effectively perform corresponding cleaning functions. By combination with Naylor, the at least one downstream airtight roller of Behlouli would be positioned downstream of the carding drum cleaner flywheel, and the at least one airtight roller and the carding drum cleaner flywheel would be configured to rotate in the same direction.
Regarding claim 7, Behlouli, Collotte, Netzhammer and Naylor, in combination, disclose the method of Claim 6, and Behlouli further discloses wherein the at least one downstream airtight roller (cleaning cylinder 6; fig. 1) is arranged to brush the at least one doffer cleaner flywheel (fig. 1; paras. 0042, 0045).
Regarding claim 8, Behlouli, Collotte, Netzhammer and Naylor, in combination, disclose the method of Claim 5, and Behlouli further discloses the method further comprising the step of arranging an intermediate roller (cleaning cylinder 6; fig. 1; para. 0042) between the carding drum and the at least one doffer roller (fig. 1; para. 0042), so that said intermediate roller prevents a vacuum from forming in a space between the carding drum and the at least one doffer roller (capable of preventing a vacuum forming between the carding drum 2 and the doffer roller 3; see the position of cleaning cylinder 6 in fig. 1; para. 0042).
Regarding claim 9, Behlouli, Collotte, Netzhammer and Naylor, in combination, disclose the method of Claim 8. Behlouli does not disclose wherein the intermediate roller is located below at least one downstream airtight roller downstream of the at least one carding drum cleaner flywheel. However, Behlouli does disclose the intermediate roller adjoins both the carding drum and the doffer roller (positioned against both the dust collection cylinder 5 and against the main drum 2; fig. 1; para. 0042). Further, Naylor teaches wherein at least one downstream airtight roller (fly-stripper e; the figure; p. 3, ll. 26-35) adjoins the at least one carding drum cleaner flywheel (cleaning roller h; the figure) and downstream of the at least one carding drum cleaner flywheel (cleaning roller h; the figure). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the method, by further providing at least one downstream airtight roller (i.e., a fly stripper) downstream of the carding drum cleaner flywheel as taught by Naylor, in order to facilitate removing dust and impurities from the carding drum. By this modification, the intermediate roller would be located below at least one downstream airtight roller downstream of the at least one carding drum cleaner flywheel.
Regarding claim 12, Behlouli, Collotte, Netzhammer and Naylor, in combination, disclose the method of Claim 6. As discussed for claim 6, by combination with Naylor, the modified device comprises a downstream airtight roller downstream of the carding drum cleaner flywheel.
In addition, Naylor teaches the device further comprising an upstream airtight roller (worker f; the figure; page 2, ll. 91-99), upstream of the carding drum cleaner flywheel (cleaner h; see the figure). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method as disclosed by Behlouli, with the device further comprising an upstream airtight roller, upstream of the carding drum cleaner flywheel as taught by Naylor, in order to provide a worker roller which has been conventionally used with a carding drum for facilitating formation and transport of a nonwoven. By this combination, the carding system would comprise two airtight rollers, downstream and upstream, respectively of the drum cleaner flywheel.
Regarding claim 13, Behlouli, Collotte, Netzhammer and Naylor, in combination, disclose the method of Claim 12, and Behlouli further discloses wherein the downstream airtight roller (cleaning cylinder 6; fig. 1; para. 0042) is configured to rotate in an opposite direction to the carding drum (see fig. 1).
Behlouli does not disclose wherein the upstream airtight roller is configured to rotate in opposite direction to the carding drum. However, Naylor teaches wherein the upper stream airtight roller (worker f) is configured to rotate in an opposite direction to the carding drum (see the figure). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method, with wherein the upstream airtight roller is configured to rotate in an opposite direction to the carding drum as disclosed by Naylor, in order to provide a suitable rotation direction for the upstream airtight roller for improving its working efficiency. By this combination, the modified device would have the two airtight rollers configured to rotate in an opposite direction to the carding drum.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Behlouli, Collotte and Netzhammer and further in view of Senior (US 372,771 A) and Naylor (GB 194083 A).
Regarding claim 10, Behlouli, Collotte and Netzhammer, in combination, disclose the method of Claim 1.
Behlouli does not disclose the method comprising the step of providing two doffer rollers, upper and lower respectively, two respective upper and lower doffer cleaner flywheels, two respective upper and lower stripper rollers. However, Senior, in an analogous art, teaches a method for forming a fleece using a carding device (fig. 1; page 1, ll. 45-49) comprising a step of providing two doffer rollers (doffer rollers C, C'; figs. 1, 3; page 1, ll. 54-60), upper and lower respectively (see figs. 1, 3), two respective upper and lower doffer cleaner flywheels (doffer cleaners D, D'; figs. 1, 3; page 1, ll. 72-93; page 2, ll. 7-10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the method as disclosed by Behlouli, by adding a lower doffer roller and a lower doffer cleaner flywheel to the device in a same configuration of the upper doffer roller and the upper doffer cleaner flywheel, thereby providing the carding system with two doffer rollers, upper and lower respectively, two respective upper and lower doffer cleaner flywheels as taught by Senior, in order to use two sets of doffer rollers to simultaneously generate two non-woven webs, and clean and sharpen the teeth of the doffer rollers and keep the doffer rollers in a uniformly good working condition (Senior; page 1, ll. 86-93). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have arranged a stripper roller 7 for the lower doffer roller in the same way as for the upper doffer roller 3, in order to detach a non-woven web from the lower doffer roller and transport it to a downstream device, since such a modification would amount to a mere duplication of parts. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04, VI, B.
Behlouli does not disclose the step comprising providing an additional drum cleaner flywheel arranged upstream of the upper doffer roller and at least one downstream upper airtight roller downstream of the drum cleaner flywheel. However, the modified carding system comprises at least one downstream airtight roller (cleaning cylinder 6; fig. 1; para. 0042) positioned at a lower position than the upper doffer cleaner flywheel (doffer cleaning device 4; see fig. 1; para. 0042), adjoining the upper doffer roller (doffer roller 3; fig. 1) and the carding drum (main drum 2; see fig. 1) and configured to rotate in an opposite direction of the carding drum (see fig. 1; para. 0042). In addition, Naylor, in an analogous art, teaches a carding device (figure; claim 1), wherein a carding drum cleaner flywheel (cleaning roller h for carding drum b; figure; page 2, ll. 91-99) is arranged upstream of a doffer roller (doffer c; figure; page 2, ll. 91-99), wherein the drum cleaner flywheel (cleaning roller h; see the figure) is arranged at a higher position than a doffer cleaner flywheel (cleaning roller d for doffer c; see the figure; page 2, ll. 91-99). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the device as disclosed by Behlouli, with wherein an additional carding drum cleaner flywheel is arranged upstream of the upper doffer roller as taught by Naylor, in order to provide the benefit of cleaning the fibers from the teeth of the carding drum thereby facilitating a stable carding efficiency (Naylor; page 3, ll. 3-8). By combination with Naylor, the modified device would have the at least one downstream airtight roller downstream of the drum cleaner flywheel.
Regarding claim 11, Behlouli, Collotte, and Netzhammer, Senior and Naylor, in combination, disclose the method of Claim 10. Behlouli does not disclose wherein the upper doffer flywheel cleaner is rotated in a direction opposite to a direction in which the upper doffer roller is rotated and the lower doffer cleaner flywheel is rotated in a direction opposite to a direction of in which the lower doffer roller is rotated. However, Netzhammer teaches wherein a cleaner flywheel (brush roller 51A; fig. 6; paras. 0024, 0028) is configured to remove dust and impurities from a doffer roller (take-off roller 46; fig. 6; para. 0028), wherein the cleaner flywheel is rotated in a direction opposite to a direction in which a doffer roller is rotated (the bristles 50 of brush roller 51A move in the opposite direction to the direction of movement of the clothing tips of the take-off roller 46; fig. 6; para. 0029). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the rotational direction of the doffer flywheel cleaners, with wherein the doffer flywheel cleaners are rotated in a direction opposite to a direction in which the doffer rollers are rotated as taught by Netzhammer, in order to effectively send the dust and impurities to the carding drum and make sure that no fleece residues continue to travel to a downstream device (Netzhammer; para. 0028). Such a configuration is within the level of one of ordinary skill of the art.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Further, Applicant's arguments filed on 06/04/2026 have been fully considered and addressed as follows.
Applicant's remarks: with respect to Behlouli, Applicant asserts that the configuration of rotational directions of the main drum, the doffer and the dust recovery flywheel is the main feature of Behlouli, and the one of ordinary skill in the art would keep those main features and would not contradict these teachings by modifying the configuration of rotational directions in Netzhammer.
Examiner's response: Examiner respectfully disagrees. One of ordinary skill in the art would recognize that rotational directions of a carding drum and related rollers are operating parameters in the process, and that all such operating parameters are adjustable and also common in practice for process optimization. In an effort toward improvement or optimization, one of ordinary skill in the art would consider different rotational directions of these devices, especially in view of Netzhammer's configuration of a doffer and a dust recovery flywheel rotating in opposite directions. Therefore, Applicant's arguments are not persuasive.
Applicant's remarks: with respect to Netzhammer, Applicant asserts that element 46 is not a doffer but a stripper, the stripping roller 46 is to strip the web from the doffer and not at all to clean the doffer, so that the skilled in the art receives no teaching from Netzhammer concerning the cleaning of the doffer.
Examiner's response: Examiner respectfully disagrees.
First, Applicant, in the instant disclosure, does not define the term "doffing roller" must be a roller directly collect fibers from a carding drum. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Second, per broadest reasoning interpretation, any roller configured to remove fibers from another structure can be considered as a "doffing" roller. In Nezthammer, roller 46 is configured to remove fibers from roller 107 therefore functions as a "doffing" roller.
Third, the test for obviousness is not that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In a carding system, even if Applicant considers the roller 46 in Nezthammer as a stripper, a "doffing" roller and a "stripper" roller perform similar functions; i.e., removing fibers from another structure. As such, one of ordinary skill in the art would still recognize that both Behlouli and Nezthammer address the problem of effectively removing dust and impurities from an adjacent roller using a cleaner flywheel. What really matters here is the relationship between the cleaner flywheel and the adjacent roller to be cleaned. Therefore, in an effort to improve Behlouli, one of ordinary skill in the art would be motivated to look to Nezthammer for the teaching of the opposite rotational directions of the cleaning flywheel 51A and the roller 46 to be cleaned.
For the above reasons, Applicant's argument is not found persuasive.
Applicant's remarks: with respect to Behlouli, Applicant that Behlouli does not indicate whether the doffer or the cleaning flywheel should turn faster and does not provide a specific example in which the peripheral speed of the flywheel would be lower than that of the doffer; the peripheral speed and the diameters of both the dafter 3 and flywheel 5 must be taken into account to obtain revolution/minute and to obtain such a feature implies a quadruple selection in the four ranges, and such a quadruple selection is an impermissible hindsight reconstruction of the invention.
Examiner's response: Examiner respectfully disagrees. Behlouli explicitly discloses that the rotation speed of the doffing roller 3 can be up to 250 rpm, and the rotation speed of the dust cleaner flywheel 5 can be as low as 50 rpm; in addition, Fig. 6 shows that the cleaner flywheel 5 has a smaller diameter than that of the take-off roller 46, which further favors a peripheral speed of the cleaner flywheel 5 being less than a peripheral speed of the doffing roller 3. Accordingly, Behlouli's disclosure encompasses the scope of a peripheral speed of the cleaner flywheel 5 being less than a peripheral speed of the doffing roller 3. Therefore, the claimed feature is clearly disclosed by Behlouli, and does not involve any hindsight reconstruction.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
Prosecution Insights