REMARKS
`
`The specification of this application has been amended and a new sheet of drawingsis
`
`being submitted to illustrate and describe a conventional roller press within which a die referred
`
`to by the applicant in Independent Claim 13 is positioned and moved with a sheet material during
`
`a method for cutting out a shape that is printed on the sheet material after a cutting edge which
`projects from a flat outside border of the die is placed directly against the sheet material so that
`
`the shape printed on the sheet material is located entirely within an inside opening surrounded by
`
`the flat outside border.
`
`It is pointed out that each of Paragraphs 0016, 0017, 0019 and 0020 of
`
`the applicant's original specification provides support for the addition of new FIG. 10 as well as
`
`the corresponding amendmentto the specification which describes the roller press that is shown
`
`in the new figure of drawings.
`
`The claims remaining in this patent application following this Amendmentcontinue to be
`
`Claims 1-5, 13, 15 and 16. Claims 1-5 are withdrawn as being directed to the non-elected
`
`invention. Claim 13 has been amended. Noclaims have been cancelled or added.
`
`In the applicant's Amendment After Final Rejection filed February 17, 2015, Independent
`
`Claim 13 was amended and arguments presented by which to distinguish the applicant's method
`
`from the patent to Hagmann.
`
`That
`
`is,
`
`in the final rejection dated November 21, 2014,
`
`Independent Claim 13 was rejected under 35 USC 102(b) as being anticipated by the patent to
`
`Hagmann (4,796,501). To overcomethis rejection, Independent Claim 13 was amendedto recite
`
`a shapethat is printed on a sheet material to be cut out by meansofa (first) die that includes a
`
`flat outside border having first and opposite faces that surround an inside opening anda cutting
`
`SuppAmendAftrFnl.ELL-125
`
`
`
`The specification of this application has been amended and a new sheet of drawingsis
`
`being submitted to illustrate and describe a conventional roller press within which a die referred
`
`to by the applicant in Independent Claim 13 is positioned and moved with a sheet material during
`
`a method for cutting out a shape that is printed on the sheet material after a cutting edge which
`projects from a flat outside border of the die is placed directly against the sheet material so that
`
`the shape printed on the sheet material is located entirely within an inside opening surrounded by
`
`the flat outside border.
`
`It is pointed out that each of Paragraphs 0016, 0017, 0019 and 0020 of
`
`the applicant's original specification provides support for the addition of new FIG. 10 as well as
`
`the corresponding amendmentto the specification which describes the roller press that is shown
`
`in the new figure of drawings.
`
`The claims remaining in this patent application following this Amendmentcontinue to be
`
`Claims 1-5, 13, 15 and 16. Claims 1-5 are withdrawn as being directed to the non-elected
`
`invention. Claim 13 has been amended. Noclaims have been cancelled or added.
`
`In the applicant's Amendment After Final Rejection filed February 17, 2015, Independent
`
`Claim 13 was amended and arguments presented by which to distinguish the applicant's method
`
`from the patent to Hagmann.
`
`That
`
`is,
`
`in the final rejection dated November 21, 2014,
`
`Independent Claim 13 was rejected under 35 USC 102(b) as being anticipated by the patent to
`
`Hagmann (4,796,501). To overcomethis rejection, Independent Claim 13 was amendedto recite
`
`a shapethat is printed on a sheet material to be cut out by meansofa (first) die that includes a
`
`flat outside border having first and opposite faces that surround an inside opening anda cutting
`
`SuppAmendAftrFnl.ELL-125
`
`
`
`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 said 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 ofsaid 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 thefirst 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 of the
`
`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).
`
`By virtue of the aforementioned amendment, Independent Claim 13 was believed to be
`
`patentable over any reasonable interpretation of Hagmann. Nevertheless, in the Advisory Action
`
`issued on February 26, 2015 and during a subsequent telephone conversation between the
`
`undersigned attorney and the Examiner, it was pointed out by the Examiner that dies are known
`
`which include a cutting edge to be laid against a sheet of material so as to cut a shape from the
`
`sheet of material in response to a force applied to the cutting die. By way of example, the
`
`Examinerreferred to the dies in Patent Nos. 2,150,016 and 2,421,809. The undersigned attorney _
`
`wishes to thank the Examiner for his cooperation and courtesy during their aforementioned
`
`telephone conversation.
`
`SuppAmendAftrFnlELL-125
`
`10
`
`
`
`In reply to the Advisory Action, a Request for Continued Examination is now submitted
`
`to enable the applicant to add new FIG. 10 to the drawings, amendthe specification to reflect the
`
`addition of new FIG. 10 and the roller press shown therein, and to once again amend
`
`Independent Claim 13 by whichto place this application in condition for allowance. In this case,
`
`Independent Claim 13 has further been amendedto recite a method for cutting out, by means of a
`
`first die, a shape that is printed on a sheet material, comprising the stepsof:
`
`positioning said first die and the sheet material having the shape to be cut
`
`therefrom within a roller press; and moving said first die and said sheet
`material through said roller press for causing a force to be applied to the
`
`opposite face of the flat outside border of said first die after said cutting
`
`edge hasfirst been placed against the sheet material and said first die and
`
`said sheet material have been positioned in said roller press for pushing
`
`said cutting edge through said sheet material to cut the shape outwardly
`
`therefrom (emphasis added).
`
`Althoughit may be, as pointed out by the Examiner,that cutting dies are known having a
`
`cutting edge to cut a shape from a sheet material, in no case are the known cutting dies and the
`
`sheet material bearing the shape to be cut positioned within a roller press such that the roller
`
`press forces the cutting edge of the cutting die through the sheet material to cut the shape
`
`outwardly therefrom as is now recited in Independent Claim 13, amended. By way of example,
`“not only is the die that is shown and described in Patent No. 2,421,809 and referred to by the
`
`Examinerin the Advisory Action not positioned in a roller press, but such die is not adapted for
`
`use with a roller press. That is to say, because the cutting edge 22 shown and described in the
`
`‘809 patentlacks the flat outside border that surroundsthe inside openingofthedie, the die in the
`
`SuppAmendAfirFnl.ELL-125
`
`11
`
`
`
`'809 patent would be undesirably susceptible to twisting and changing its shape if it were to be
`
`subjected to a compressive force like that generated bya roller press. This is exactly one of the
`
`problems sought to be avoided by the applicant's methodof using a die that hasa relatively wide
`
`outside border 5 which surrounds an inside opening 7 in the manner described at Paragraph 0019
`
`of the applicant's specification and recited in Independent Claim 13.
`
`Therefore, it is submitted that neither the patent to Hagmann northe newpatentslisted by
`the Examiner in the Advisory Action, nor any combination thereof, showsor suggests a method
`for cutting out a shape printed on a sheet material by using a die according to the methodrecited
`
`by the applicant in Independent Claim 13, amended. Therefore,it is submitted that Independent
`
`Claim 13, amended, is patentable over all of the art that is currently of record.
`
`Inasmuch ‘as
`
`Independent Claim 13 is believed to be patentable, Claims 15 and 16 which depend therefrom
`
`are likewise believed to be patentable.
`
`Accordingly, each of Claims 13, 15 and 16 currently under examination is believed to
`recite a patentable method. |
`In view of the foregoing, reconsideration of the Examiner's final
`
`rejection is once again requested, and a Notice of Allowanceis earnestly solicited.
`
`Respectfully submitted,
`
` Apes
`
`Dated
`
`B 20s
`
`Attofney for the Applicant
`2030 Main Street
`Suite 1300
`Irvine, CA 92614
`Telephone: (949) 476-0600
`Facsimile:
`(949) 476-0606
`morlandf@earthlink.net
`
`SuppAmendAftrFnl.ELL-125
`
`12
`
`
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