REMARKS
`
`The claims remaining in this patent application following amendment are Claims 1-5 and
`13-16. Original Claims 6-12 have been cancelled, without prejudice. Claims 13-16 are recited
`
`for the first time to replace original Claims 6-12. Claims 1-5 have been withdrawn as being
`directed to the non-elected invention. That is to say, the undersigned attorney affirms the
`election he madein this application on June 24, 2014.
`
`The objection to the last sentence of the Abstract has been noted. However,it is pointed
`
`out that the last sentence refers to an important feature of the method recited by the applicant in
`
`newly-presented Claims 13-16. Thus, it is requested that this objection be withdrawn and the
`
`original Abstract be accepted asfiled.
`Claims 6-8 and 10-11 are rejected under 35 USC 102(b) as being anticipated by the
`published International Patent Application WO 83/00112. Claims 6-8 and 10-11 are also
`rejected under 35 USC 102(b) as being anticipated by the patent to Hagmann (US 4,796,501).
`Claims 9 and 12 are rejected under 35 USC 103(a) as being unpatentable over either one of the
`
`Inasmuchas each oforiginal Claims 6-12
`aforementioned WO '112 or the patent to Hagmann.
`has been cancelled, without prejudice, the aforementioned rejections thereofare rendered moot.
`
`Newly-presented Claims 13-16 recite a method for cutting out a shape that is printed on a
`sheetmaterial which is believed to be distinguishable from the teachings of both WO '112 and
`Hagmann.
`In particular, in the method recited by the applicant in new Independent Claim 13,
`the shape is cut out by meansofa (first) die that includes a flat outside border havingfirst and
`opposite faces that surround an inside opening andacutting edge that projects from thefirst face
`of said flat outside border such that said cutting edge corresponds exactly to the shape that is
`printed on the sheet material and wherein the method comprises the step of:
`
`Amendment.ELL-125
`
`
`
`The claims remaining in this patent application following amendment are Claims 1-5 and
`13-16. Original Claims 6-12 have been cancelled, without prejudice. Claims 13-16 are recited
`
`for the first time to replace original Claims 6-12. Claims 1-5 have been withdrawn as being
`directed to the non-elected invention. That is to say, the undersigned attorney affirms the
`election he madein this application on June 24, 2014.
`
`The objection to the last sentence of the Abstract has been noted. However,it is pointed
`
`out that the last sentence refers to an important feature of the method recited by the applicant in
`
`newly-presented Claims 13-16. Thus, it is requested that this objection be withdrawn and the
`
`original Abstract be accepted asfiled.
`Claims 6-8 and 10-11 are rejected under 35 USC 102(b) as being anticipated by the
`published International Patent Application WO 83/00112. Claims 6-8 and 10-11 are also
`rejected under 35 USC 102(b) as being anticipated by the patent to Hagmann (US 4,796,501).
`Claims 9 and 12 are rejected under 35 USC 103(a) as being unpatentable over either one of the
`
`Inasmuchas each oforiginal Claims 6-12
`aforementioned WO '112 or the patent to Hagmann.
`has been cancelled, without prejudice, the aforementioned rejections thereofare rendered moot.
`
`Newly-presented Claims 13-16 recite a method for cutting out a shape that is printed on a
`sheetmaterial which is believed to be distinguishable from the teachings of both WO '112 and
`Hagmann.
`In particular, in the method recited by the applicant in new Independent Claim 13,
`the shape is cut out by meansofa (first) die that includes a flat outside border havingfirst and
`opposite faces that surround an inside opening andacutting edge that projects from thefirst face
`of said flat outside border such that said cutting edge corresponds exactly to the shape that is
`printed on the sheet material and wherein the method comprises the step of:
`
`Amendment.ELL-125
`
`
`
`placing the first face of the flat outside border of said first die on the sheet
`
`material and looking through the inside opening ofsaidfirst die so that the
`
`shape printed on the sheet material is located entirely within the inside
`opening of said first die and the cutting edge which projects from the first
`
`face of said flat outside border is automatically registered so as to lie
`against the sheet material and surround the shape to be cut therefrom.
`In the case of Hagmann,a cutting knife 41 of a punching pattern 2 is withdrawn entirely
`
`within an outerelastic layer 39 that surrounds a viewing window. It is not until a force is applied
`
`to the elastic layer 39 that the cutting knife 41 of Hagmann emerges from the elastic layer 39 to
`
`cut a shape from a sheet material. Therefore, when the punching pattern 2 of Hagmann is placed
`on a sheet material, the cutting knife thereof does notlie against the sheet material and surround
`
`the shape to be cut therefrom in the mannerrecited by the applicant in new Independent Claim
`
`13. That is to say, because the cutting knife 41 of the punching pattern 2 of Hagmann
`
`"disappears below the plane of elastic layer 39," such cutting knife will not lie against a sheet
`material and surround a shape to be cut from a sheet material when the punching pattern is
`simply placed on the sheet material (see Column 3, Line 68 to Column 4, Line 6 and Column 4,
`
`Lines 17-22 of Hagmann).
`
`In the case of WO '112, the punching die 4 shown and described therein includes a
`tubular body 6. Asindicated above, new Independent Claim 13 recites a method for cutting out
`a shape, by means of a die, wherein said die includesa flat outside border that surrounds an
`
`inside opening such that when the die is laid on the sheet material, a cutting edge which projects
`
`from the flat outside border is automatically registered so as to lie against and surround theshape
`to be cut by looking through the inside opening that is surrounded by the flat outside border to
`
`Amendment.ELL-125
`
`
`
`ensure that the shape to be cut is located entirely within said inside opening. The tubular
`punching die shown and described in WO '112 does not have a flat outside border surrounding
`an inside opening that can be looked through to ensure that the cutting edge of the punching die
`will lie against and surround the shapeto be cut as recited in Independent Claim 13. Moreover,
`
`the tubular punching die of WO '112 is not suitable for use in a roller press for cutting shapes
`from a sheet material in the manner recited by the applicant in newly-recited Dependent Claim
`14.
`:
`
`Lastly, no reasonable interpretation of Hagmann or WO 1 12 shows or remotely suggests
`the method recited by the applicant in newly-presented Dependent Claim 16, wherein first and
`
`second dies are produced by chemically etching a flat piece of metal such that the second die is
`
`nested within and spaced from thefirst die.
`In view of the foregoing, each of newly-recited Claims 13-16 is believed to recite a
`
`patentable method. Accordingly, reconsideration of the Examiner's rejection is requested, and a
`
`Notice of Allowanceis earnestly solicited.
`
`Respectfully submitted,
`
`Dated
`
`|
`
`,
`
` |Leacher
`IT, 2014
`
`Morand C. Fischer
`Attdmeyfor the Applicant
`2030 Main Street
`Suite 1300
`Irvine, CA 92614
`Telephone: (949) 476-0600
`Facsimile:
`(949) 476-0606
`morlandf@earthlink.net
`
`Amendment.ELL-125
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
