Ex Parte Moran et al

Patent Trials and Appeals Board

Jun 27, 2019

14876189 - (D) (P.T.A.B. Jun. 27, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/876,189 10/06/2015
22222 7590 07/01/2019
GEORGE R CORRIGAN
CORRIGAN LAW OFFICE
2168 COLLADAY POINT DRIVE
STOUGHTON, WI 53589
FIRST NAMED INVENTOR
Daniel J. Moran
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
CMD240A 1018
EXAMINER
FERRERO, EDUARDO R
ART UNIT PAPER NUMBER
3731
NOTIFICATION DATE DELIVERY MODE
07/01/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
george.corrigan@corrigan.pro
gcorrigan@new.rr.com
kari.brekke@corrigan.pro
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DANIEL J. MORAN and PETER T. HUNNICUT
Appeal2019-000512
Application 14/87 6, 189
Technology Center 3700
Before: PHILLIP J. KAUFFMAN, JEREMY M. PLENZLER, and
ALYSSA A. FINAMORE, Administrative Patent Judges.
KAUFFMAN, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2019-000512
Application 14/87 6, 189
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's
decision to reject claims 30-34. Final Act. 2--4. We have jurisdiction under
35 U.S.C. § 6(b).
We reverse.
CLAIMED SUBJECT MATTER
Appellants' claimed invention relates to sealing fixtures for sealing
layers of laminate material used for fabricating pouches through the use of
pressure, temperature, and time. Spec. i-fi12-3. Sole independent claim 30,
reproduced below, is illustrative of the claimed subject matter:
30. A sealing fixture for use in a pouch machine,
compnsmg:
a die backing member, including at least one clip fixedly
mounted thereto, wherein the at least one clip includes a hook
end, and has a first relaxed position and a second tension
position, wherein the die backing member includes at least one
of a mating protrusion and a mating recess; and
a sealing die, including at least one receiver, disposed to
receive the hook end, whereby when the hook end is received by
the at least one receiver, and the clip is in the tension position,
the sealing die is held against the die backing member, and
wherein the sealing die includes the other of the mating
protrusion and the mating recess, wherein the mating protrusion
and the mating recess help to locate the sealing die with respect
to the die backing member.
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Appeal2019-000512
Application 14/87 6, 189
REJECTION
I. Claims 30-34 are rejected under 35 U.S.C. § 103(a) over Buchanan
and Klotz. 1 Final Act. 2--4.
ANALYSIS
Buchanan describes a cutting and heat sealing die assembly 21 having
sealing die 25, which is secured to cutting die 29 by means of spring clips
33. Buchanan, 2:58---64; 3:1-3, 16-20, 38--43; Fig. 4. Sealing die 25
accommodates cutting die 29 in a nested relationship. Buchanan, 3: 16-20,
Fig. 4; Final Act. 2. Appellants contend that Buchanan fails to describe
cutting die 29 as having a mating protrusion as recited in claim 30. Appeal
Br. 10-11. Appellants also contend that Klotz fails to remedy the
deficiency. Reply Br. 2.
Buchanan's cutting die 29, as depicted in Figures 4 and 5, includes
cut-outs 32 for receiving ceramic insulators 31. The ceramic insulators
space cutting die 29, both vertically and laterally, from sealing die 25 and
restrict heat exchange between the two dies. Buchanan, 3:28-35. The
Examiner finds that the lands between the cut-outs 32 constitute "mating
protrusions" as recited in claim 30. Ans. 3, 5---6. The finding is not
persuasive.
Even assuming the identified lands of cutting die 29 are protrusions,
the lands are not "mating protrusions" in the sense of mating with the
alleged mating recess in sealing die 25. Appeal Br. 11. As discussed earlier,
ceramic insulators 31 space cutting die 29 (including the lands dividing cut-
outs 32) from sealing die 25. Buchanan, 3:31-35. Consequently, the lands
1 Buchanan (US 4,999,081; iss. Mar. 12, 1991) and Klotz (US 5,127,684;
iss. July 7, 1992).
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Appeal2019-000512
Application 14/87 6, 189
of cutting die 29 do not join, fit, connect, or link with the alleged mating
recess in sealing die 25. See Ans. 6 (Examiner defining "mating" as "to join
or to fit together" or "to connect or to link"). Having found that Buchanan
fails to describe a sealing die having either a "mating protrusion" or a
"mating recess," we note that the Examiner does not rely upon Klotz to
remedy this deficiency.
DECISION
We reverse the Examiner's decision rejecting claims 30-34 under 35
U.S.C. § 103(a) over Buchanan and Klotz.
REVERSED
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