`
`The claims remaining in this patent application following amendment are Claims 1-5, 13,
`
`15 and 16. Claim 14 has been cancelled, without prejudice. Claims 1-5 are withdrawn as being
`
`directed to the non-elected invention. Claim 13 has been amended.
`
`The objection to the drawings under 37 CFR 1.83(a) has been noted.
`
`In particular,it is
`
`pointed out that the "roller press" described in Claim 14 is not shown in the drawings. To
`
`overcomethis objection, Claim 14 has been cancelled, and all of the features in the remaining
`
`claims are fully shown in the drawings.
`
`Therefore, the Examiner's objection should now be
`
`withdrawn.
`
`Claims 13-16 are rejected under 35 USC 112, second paragraph as being indefinite.
`
`Claim 14 is cancelled and the rejection thereof is rendered moot.
`
`Independent Claim 13 has
`
`been amended to improve the accuracy thereof and thereby overcome the aforementioned
`
`rejection. Thus, it is believed that Independent Claim 13 as well as Claims 15 and 16, which
`
`depend therefrom, are now in full compliance with the requirements of 35 USC 112, second
`
`paragraph.
`
`Claim 13 is rejected under 35 USC 102(b) as being anticipated by the patent to Hagmann.
`
`For the following reasons, this rejection is respectfully traversed. In this regard, Hagmann refers
`
`to a cutting knife of a punching pattern 2 that is withdrawn entirely into an outer elastic layer 39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 ofHagmann is first placed on a sheet material,
`the cutting knife thereof does not lie against the sheet material and surround the shape to be cut
`
`therform.
`
`In other words, because the cutting knife 41 of the punching pattern 2 of Hagmann is
`
`AmendAftrFinalRejec.ELL-125
`
`
`
`withdrawn from below the bottom planeofthe elastic layer 39, such cutting knife will not be
`
`automatically registered against a sheet material to surround a shape to be cut therfrom when the
`
`punching patternis initially laid on the sheet material.
`
`Taking into account the Examiner's remarks at Paragraph 9 of the Office Action, the
`
`editorial contents of Independent Claim 13 have been revised to improve the accuracy anddetails
`
`thereof.
`
`In particular, in the method recited by the applicant in Independent Claim 13, amended,
`
`a shapethat is printed on a sheet material is cut out by meansofa (first) die that includes a flat
`
`outside border having first and opposite faces that surround an inside opening and a cutting edge
`
`that projects from the first 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
`
`steps of:
`
`placing the cutting edge which projects from the first face of the flat
`
`outside border of said first die against the sheet material, and looking
`
`through the inside opening of said first die so that the shape printed on the
`
`sheet material is located entirely within the inside openingof said first die
`
`and the cutting edge which projects from the first face of said flat outside
`
`border is automatically registered so as to surround the shape to be cut
`
`from the sheet material, and applying a force to the opposite face ofthe
`
`flat outside border of said first die after said cutting edge has first been
`
`placed against the sheet material for pushing said cutting edge through
`
`said sheet material
`
`to cut
`
`the shape outwardly therefrom (emphases
`
`added).
`
`AmendAftrFinalRejec.ELL-125
`
`
`
`Accordingly, it is submitted that Independent Claim 13, amended, recites a method which
`is distinguishable from any reasonable interpretation of Hagmann. Claims 14 and 15 are rejected
`under 35 USC 103(a) as being unpatentable over the aforementioned patent to Hagmann in view
`
`of the applicant's admitted prior art (APA). Claim 16 is rejected as being unpatentable over the
`
`aforementioned patent to Hagmann,
`
`in view of the APA,
`
`in further view of the patent to
`
`Eichenberg (5,255,586). As indicated above, Claim 14 has been cancelled.
`Inasmuch as
`Independent Claim 13 is believed to be patentable, Claims 15 and 16, which depend therefrom,
`
`are likewise believed to be patentable.
`
`By virtue of this Amendment After Final Rejection, it is submitted that this application is
`
`in condition for allowance. Therefore, pursuant to AFCP 2.0 and in view of his remarks in
`
`Paragraph 9 of the Office Action, the Examiner is asked to enter this Amendment, withdraw his
`
`final rejection, and issue a Notice of Allowance.
`
`Respectfully submitted,
`
` febrary / L 20/5—
`
`Dated
`
`Moyland C. Fischer
`Attorney for the Applicant
`2030 Main Street
`Suite 1300
`Irvine, CA 92614
`Telephone: (949) 476-0600
`Facsimile:
`(949) 476-0606
`moriandf@earthlink.net
`
`AmendAfirFinalRejec.ELL-125
`
`
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