REMARKS/ARGUMENTS
`
`Initially, Applicant would like to express appreciation to the Examiner for the detailed
`
`Official Action provided.
`
`Upon entry of the above amendments, claim 1 will have been amended; claims 4, 5
`
`and 7 will have been cancelled without prejudice or disclaimer to the subject matter therein;
`
`and claims 8-10 will have been added. Claims 1, 2 and 8-10 are currently pending.
`
`Applicant respectfully requests reconsideration of the rejections, and allowance of all the
`
`claims pending in the present application.
`
`Rejection under 35 US. C. 112
`
`In the Official Action, Claims 4 and 5 are rejected under 35 U.S.C. 112, second
`
`paragraph. Upon entry of the present amendment, Applicant submits that claims 4 and 5 will
`
`have been cancelled. Accordingly, Applicant submits that the aforementioned rejection is
`
`believed to be moot and should be withdrawn.
`
`Rejection under 35 US. C. § 103
`
`In the Official Action, Claims 1, 2, 4, 5 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Fujii et al. (JP 2003308955) in view of Braun (US Pat. 5,711,328); and
`
`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Fujii et al. in view of
`
`Braun as applied to claim 1 above, and further in view of Lawton et al. (US Pub.
`
`2003/022207).
`
`{P34998 01485479.DOC}4
`
`
`
`Initially, Applicant would like to express appreciation to the Examiner for the detailed
`
`Official Action provided.
`
`Upon entry of the above amendments, claim 1 will have been amended; claims 4, 5
`
`and 7 will have been cancelled without prejudice or disclaimer to the subject matter therein;
`
`and claims 8-10 will have been added. Claims 1, 2 and 8-10 are currently pending.
`
`Applicant respectfully requests reconsideration of the rejections, and allowance of all the
`
`claims pending in the present application.
`
`Rejection under 35 US. C. 112
`
`In the Official Action, Claims 4 and 5 are rejected under 35 U.S.C. 112, second
`
`paragraph. Upon entry of the present amendment, Applicant submits that claims 4 and 5 will
`
`have been cancelled. Accordingly, Applicant submits that the aforementioned rejection is
`
`believed to be moot and should be withdrawn.
`
`Rejection under 35 US. C. § 103
`
`In the Official Action, Claims 1, 2, 4, 5 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Fujii et al. (JP 2003308955) in view of Braun (US Pat. 5,711,328); and
`
`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Fujii et al. in view of
`
`Braun as applied to claim 1 above, and further in view of Lawton et al. (US Pub.
`
`2003/022207).
`
`{P34998 01485479.DOC}4
`
`
`
`Without acquiescing to the propriety of the Examiner’s rejection, Applicant submits
`
`that claim 1 is amended solely in order to expedite prosecution of the present Application.
`
`In particular, Applicant notes that claim 1 recites a drying device, comprising: a
`
`heating coil that heats a material to be dried by electromagnetic induction, the material being
`
`placed on a dried material-placement part; an air blower that sends air to the material; a
`
`heated member heated by the electromagnetic induction of the heating coil; a temperature
`
`detector that detects temperature of the heated member; and a core member that
`
`accommodates both the heated member and the heating coil within a common space provided
`
`within the core member, and an upper surface of the core member abutting a bottom surface
`
`of the dried material-placement part to enclose both the heated member and the heating coil
`
`within the common space, wherein the heated member is disposed at a position where the
`
`temperature thereof changes under influence of the air from the air blower.
`
`In setting forth the rejection of claim 7, the Examiner indicates that Fujii discloses a
`
`member that accommodates both a heated member and a heating coil in a common space.
`
`See paragraph 10 in page 4 of the Official Action. However, the Examiner does not
`
`specifically identify which feature in Fujii is considered to be the purported “member” (or
`
`core member).
`
`Contrary to the Examiner’s assertions, Applicant submits that the applied prior art
`
`does not disclose any feature which can reasonably be considered to be equivalent to the
`
`presently claimed core member. In particular, Applicant submits that (in Fujjii) apparently
`
`only elements 11-16 are indicated in Figure 1.
`
`In this regard, Applicant submits that none of the aforementioned elements are
`
`disclosed as a member (or core member) that accommodates both a heated member and a
`
`heating coil in a common space.
`
`{P34998 01485479.DOC}5
`
`
`
`Further, Applicant submits that Lawton is not analogous art. That is, Applicant
`
`submits that Lawton is directed towards a system for inductively heating a belt. Therefore,
`
`Applicant submits that one of ordinary skill in the art would not consider Lawton in
`
`attempting to supply the deficiencies in the heating cooker of Fujji.
`
`Furthermore, even assuming, arguendo, that Lawton could be considered analogous
`
`art, Applicant submits that the proposed combination still fails to disclose at least the
`
`presently claimed core member that accommodates both the heated member and the heating
`
`coil within a common space provided within the core member, and an upper surface of the
`
`core member abutting a bottom surface of the dried material-placement part to enclose both
`
`the heated member and the heating coil within the common space, as recited in claim 1.
`
`Accordingly, Applicant submits that the rejection of claims 1, 2, 4, 5 and 7 under 35
`
`U.S.C. § 103 is believed to be improper and should be withdrawn.
`
`Conclusion
`
`In view of the amendments and remarks herein, Applicant submits that independent
`
`claim 1 is in condition for allowance, for reasons discussed supra. With regard to dependent
`
`claims 2 and 8-10, Applicant asserts that these claims are allowable on their own merit, as
`
`well as because they depend from claim 1, which is allowable for reasons discussed supra.
`
`Thus, it is respectfully submitted that the claims in the present application are clearly
`
`patentable over the references cited by the Examiner, either alone or in combination, and an
`
`indication to such effect is respectfully requested, in due course.
`
`{P34998 01485479.DOC}6
`
`
`
`W
`
`Applicant submits that the present application is in condition for allowance, and
`
`respectfully requests an indication to that effect. Applicant has demonstrated the allowability
`
`of the claims. Accordingly, reconsideration of the outstanding Official Action and allowance
`
`of the present application and the claims therein are respectfully requested and is now
`
`believed to be appropriate.
`
`Applicant notes that this amendment is being made to advance prosecution of the
`
`application to allowance and should not be considered as surrendering equivalents of the
`
`territory between the claims prior to the present amendment and the amended claims.
`
`Further, no acquiescence as to the propriety of the Examiner’s rejections are made by the
`
`present amendment. All other amendments to the claims which have been made in this
`
`amendment, and which have not been specifically noted to overcome a rejection based upon
`
`the prior art, should be considered to have been made for a purpose unrelated to patentability,
`
`and no estoppel should be deemed to attach thereto.
`
`{P34998 01485479.DOC}7
`
`
`
`Should the Examiner have any questions, the Examiner is invited to contact the
`
`undersigned at the below-listed telephone number.
`
`Respectfully submitted,
`Hiroyasu KITAMURA
`
`/Enoch Peavey/
`
`Reg. No. 57,686
`
`Enoch Peavey
`
`
`Bruce H. Bernstein
`
`July 11, 2012
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`
`(703) 716-1191
`
`{P34998 01485479.DOC}8
`
`
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