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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 5-6 of U.S. Patent No. 12,454,126 (hereafter ‘126). Although the claims at issue are not identical, they are not patentably distinct from each other because they describe the same inventive subject matter.
With respect to claim 1, claim 1 of ‘126 teaches a system comprising: a press having a lower platen and an upper platen, the press movable between a pressing position where the lower and upper platens are horizontally aligned and a loading position where the lower and upper platens are horizontally displaced from each other; and a projection assembly having a projector supported above the lower platen, the projector is configured, when the press is in the loading position, to project an image toward an upper surface of the lower platen, wherein the image is configured to align at least one of a garment to the lower platen or a heat transfer to the garment disposed over the lower platen.
With respect to claim 2, claim 1 of ‘126 teaches wherein when the press is in the pressing position, the press is operable to displace the upper platen to impart a force to the lower platen.
With respect to claim 3, claim 1 of ‘126 teaches wherein the lower platen is mounted on a base frame and the upper platen is movable relative to the base frame between the pressing position and the loading position.
With respect to claim 4, claim 1 of ‘126 teaches wherein at least one of the upper platen or the lower platen comprises a heating element.
With respect to claim 5, claim 1 of ‘126 teaches wherein the press comprises a controller configured to adjust a temperature of the heating element.
With respect to claim 6, claim 1 of ‘126 teaches wherein the projection assembly comprises an adjustment block for adjusting at least a rotational position or a lateral position of the projector with respect to the lower platen.
With respect to claim 7, claim 3 of ‘126 teaches wherein the projection assembly comprises a support arm that supports the projector above the lower platen, and wherein the support arm includes an adjustment mechanism for positioning the projector a desired height above the lower platen.
With respect to claim 8, claim 1 of ‘126 teaches wherein the image is selected to match a visual feature of at least one of the garment or the heat transfer to be applied to the garment.
With respect to claim 9, claim 1 of ‘126 teaches wherein the image is projected to coincide with a desired location where an operator is to position the garment or the heat transfer.
With respect to claim 10, claim 5 of ‘126 teaches a controller that is communicatively connected with the projector and configured to select the image from a database having a plurality of images.
With respect to claim 11, claims 1 and 6 of ‘126 teach wherein at least one of the upper platen or the lower platen comprises a heating element, and wherein the controller is configured to adjust a temperature of the heating element.
With respect to claim 12, claim 6 of ‘126 teaches wherein the controller comprises a user interface configured to present information on operation of the press and the projector to an operator.
With respect to claim 13, claim 1 of ‘126 teaches a system comprising: a press having a lower platen and an upper platen movable between a pressing position over the lower platen and a loading position horizontally displaced from the lower platen; and a projection assembly having a projector supported above the lower platen, wherein when the upper platen is in the loading position, the projector is configured to project an image toward an upper surface of the lower platen, wherein the image is selected to match a reference characteristic of a garment loaded on the lower platen or a heat transfer to be applied to the garment, and wherein the image is located to coincide with a desired position of at least one of the garment on the lower platen or the heat transfer on the garment.
With respect to claim 14, claim 1 of ‘126 teaches wherein the projection assembly comprises an adjustment block for adjusting at least a rotational position or a lateral position of the projector had with respect to the lower platen.
With respect to claim 15, claim 3 of ‘126 teaches wherein the projection assembly comprises a support arm configured to support the projector, wherein the support arm includes an adjustment mechanism for vertically positioning the projector a desired height above the lower platen.
With respect to claim 16, claims 1 and 6 of ‘126 teach wherein at least one of the upper platen or the lower platen of the press comprises a heating element, and wherein the press comprises a controller configured for adjusting temperature of the heating element.
With respect to claim 17, claim 1 of ‘126 teaches wherein the transfer press comprises an actuator configured to move the upper platen vertically to impart a force to the upper surface of the lower platen.
With respect to claim 18, claims 1 and 5-6 of ‘126 teach a system comprising: a press having a lower platen configured to interface with an upper platen; a projection assembly having a projector supported above the lower platen, wherein the projector is configured to project an image toward an upper surface of the lower platen for aligning at least one of a garment to the lower platen or a heat transfer to the garment; and a controller communicatively connected to the projector and configured to access the image from a database having a plurality of images.
With respect to claim 19, claims 1 and 5-6 of ‘126 teach the database is stored on a network.
With respect to claim 20, claim 6 of ‘126 teaches the controller comprises a user interface that is configured for an operator to select the image and a location to project the image that coincides with a desired position of at least one of the garment on the lower platen or the heat transfer on the garment.
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.
Claim(s) 1-5, 8-9, 13 and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robinson et al. (US 2018/0036980, hereafter Robinson)
With respect to claim 1, Robinson teaches a system comprising: a press (500) having a lower platen (502) and an upper platen (508), the press movable between a pressing position where the lower and upper platens are horizontally aligned and a loading position where the lower and upper platens are horizontally displaced from each other; and a projection assembly having a projector (optical device 528, 530) supported above the lower platen, the projector is configured, when the press is in the loading position, to project an image toward an upper surface of the lower platen, wherein the image is configured to align at least one of a garment to the lower platen or a heat transfer to the garment disposed over the lower platen. (par. 86-89, Fig. 13)
With respect to claim 2, Robinson teaches when the press is in the pressing position, the press is operable to displace the upper platen to impart a force to the lower platen. (par. 87, Fig. 13)
With respect to claim 3, Robinson teaches the lower platen is mounted on a base frame and the upper platen is movable relative to the base frame between the pressing position and the loading position. (par. 86-89, Fig. 13)
With respect to claim 4, Robinson teaches at least one of the upper platen or the lower platen comprises a heating element. (par. 86, Fig. 13)
With respect to claim 5, Robinson teaches the press comprises a controller configured to adjust a temperature of the heating element. (par. 86, Fig. 13)
With respect to claim 8, Robinson teaches the image is selected to match a visual feature of at least one of the garment or the heat transfer to be applied to the garment. (par. 88, Fig. 13)
With respect to claim 9, Robinson teaches the image is projected to coincide with a desired location where an operator is to position the garment or the heat transfer. (par. 88, Fig. 13)
With respect to claim 13, Robinson teaches a system comprising: a press (500) having a lower platen (502) and an upper platen (508) movable between a pressing position over the lower platen and a loading position horizontally displaced from the lower platen; and a projection assembly having a projector (optical device 528, 530) supported above the lower platen, wherein when the upper platen is in the loading position, the projector is configured to project an image toward an upper surface of the lower platen, wherein the image is selected to match a reference characteristic of a garment loaded on the lower platen or a heat transfer to be applied to the garment, and wherein the image is located to coincide with a desired position of at least one of the garment on the lower platen or the heat transfer on the garment. (par. 86-89, Fig. 13)
With respect to claim 16, Robinson teaches at least one of the upper platen or the lower platen of the press comprises a heating element, and wherein the press comprises a controller configured for adjusting temperature of the heating element. (par. 86, Fig. 13)
With respect to claim 17, Robinson teaches the transfer press comprises an actuator configured to move the upper platen vertically to impart a force to the upper surface of the lower platen. (par. 87, Fig. 13)
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 (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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Hung. (US 8,573,551)
With respect to claims 6 and 14, Robinson teaches all that is claimed, as in the above rejection, except wherein the projection assembly comprises an adjustment block for adjusting at least a rotational position or a lateral position of the projector with respect to the lower platen.
Hung teaches a projection assembly (projector 70) attached to an adjustment block for adjusting at least a rotational position or a lateral position of the projector with respect to a lower platen. (col. 2, lines 13-17, Figs. 4-9)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Robinson to include a support and an adjustment block for adjusting the position of the projector, as taught by Hung, in order to be able to more readily provide an appropriate output image in a desired location.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Chmielnik. (US 5,638,154)
With respect to claims 7 and 15, Robinson teaches all that is claimed, as in the above rejection, except wherein the projection assembly comprises a support arm that supports the projector above the lower platen, and wherein the support arm includes an adjustment mechanism for positioning the projector a desired height above the lower platen.
Chmielnik teaches a projection assembly having a projector (54) and comprising a support arm (mounting arm 34) to supports the assembly above a lower platen (table 12) and includes an adjustment mechanism (knob 42, etc.) for positioning the projector a desired height above the lower platen. (col. 3, lines 51-65, Figs. 1-3)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Robinson to include a support arm with an adjustment mechanism, as taught by Chmeilnik, in order to be able to more readily provide an appropriate output image in a desired location.
Claim(s) 10-12 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Jones et al. (US 2002/0080332, hereafter Jones)
With respect to claim 10, Robinson teaches all that is claimed, as in the above rejection. Robinson also teaches a controller that is communicatively connected with the projector. (par. 86-89)
Robinson does not explicitly teach the controller is configured to select the image from a database having a plurality of images.
Jones teaches a projector (projector 12) having a controller which is communicatively connected to the projector and configured to select an image (image 14) to be projected from a database having a plurality of images. (par. 25, 32)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Robinson to include the use of a database of images, as taught by Jones, so that the images used are in a proper format for efficient use.
With respect to claim 11, Robinson, as modified by Jones, teaches wherein at least one of the upper platen or the lower platen comprises a heating element, and wherein the controller is configured to adjust a temperature of the heating element. (Robinson, par. 86, Fig. 13)
With respect to claim 12, Robinson, as modified by Jones, teaches wherein the controller comprises a user interface configured to present information on operation of the press and the projector to an operator. (Robinson, par. 62-68)
With respect to claim 18, Robinson teaches a system comprising: a press (500) having a lower platen (502) configured to interface with an upper platen (508); a projection assembly having a projector (optical device 528, 530) supported above the lower platen, wherein the projector is configured to project an image toward an upper surface of the lower platen for aligning at least one of a garment to the lower platen or a heat transfer to the garment; and a controller communicatively connected to the projector. (par. 86-89, Fig. 13)
Robinson does not explicitly teach the controller is configured to access the image from a database having a plurality of images.
Jones teaches a projector (projector 12) having a controller which is communicatively connected to the projector and configured to select an image (image 14) to be projected from a database having a plurality of images. (par. 25, 32)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Robinson to include the use of a database of images, as taught by Jones, so that the images used are in a proper format for efficient use.
With respect to claim 19, Robinson, as modified by Jones, teaches the database is stored on a network.
With respect to claim 20, Robinson, as modified by Jones, teaches the controller comprises a user interface that is configured for an operator to select the image and a location to project the image that coincides with a desired position of at least one of the garment on the lower platen or the heat transfer on the garment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5,168,294, US 5,245,370, WO 9626838 and US 9,254,640 each teach an invention having similarities to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JILL E CULLER/Primary Examiner, Art Unit 2853
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