Ex Parte Moran et alDownload PDFPatent Trials and Appeals BoardJun 27, 201914876189 - (D) (P.T.A.B. Jun. 27, 2019) Copy Citation 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. 2 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). 3 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 4 Copy with citationCopy as parenthetical citation