Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the amendment and remarks received on January 7, 2026.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the first joining element of the second joining device" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examining purpose, Examiner has found limitation in question to be drawn to the third joining element of the second joining device in accordance with the antecedent limitations of claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4, 7-11, 13, 15, 23, 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over OTXOA-AIZPURUA CALVO et al. (US 9,511,883) discloses in view of KEEN et al. (US 2003/0217531) and BENEDETTI et al. (US 6,877,295).
In reference to claims 1, 4, 5, 7 and 8, OTXOA-AIZPURUA CALVO et al. discloses a packaging device comprising: a folding and conveyance device (figure 1) comprising a passage (between 1 & 2) configured to receive an elongated packaging material web 4 and to mold the web 4 into a tubular web 5, the folding and conveyance device comprising a raised (figure 4) conical shape 2 extending above a linear horizonal surface of the folding and conveyance device (see Diagram I below of figure 3); a guide device 1 comprising a conveying segment configured to receive and guide product into the tubular web 5; a first joining device 17 downstream of the folding and conveyance device and configured to seam the tubular web in a direction of movement of the tubular web; and a second joining device 16 downstream of the first joining device 17, the second joining device 16 configured to weld the tubular web 5 at intervals with respect to the direction of movement of the tubular web 5, the second joining device 16 comprising third and fourth joining elements (figure 1).
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Diagram I
OTXOA-AIZPURUA CALVO et al. does not disclose the first joining device comprising first and second joining elements, each having a drive belt assembly. KEEN teaches a packaging device comprising: a folding and conveyance device (figure 1) comprising a passage (between 1 & 2) configured to receive an elongated packaging material web and to mold the web into a tubular web, the folding and conveyance device comprising a raised (figure 4) conical shape 1; a guide device 2 comprising a conveying segment configured to receive and guide product into the tubular web; and a first joining device 6 downstream of the folding and conveyance device and configured to seam the tubular web in a direction of movement of the tubular web, the first joining device comprising first and second joining element 6, each having an actuatable drive assembly 5 including a drive belt (figure 5). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the first joining device of OTXOA-AIZPURUA CALVO et al. to include first and second joining elements actuated as claimed since paragraph [0046] of KEEN suggests such a modification would allow the seam of the tubular web to be compressed during the sealing process while simultaneously being pulled along the direction of movement for the purpose of effectively creating a fin seal on the tubular web without interrupting the conveyance of the tubular web.
Although figure 1 of OTXOA-AIZPURUA CALVO et al. discloses a second joining device comprising a third and fourth joining element configured to seal/seam and cut a filled and sealed package from the tubular web of the packaging device, OTXOA-AIZPURUA CALVO et al. does not disclose the second joining device having independently adjustable joining elements as claimed. BENDEDETTI et al. teaches a packaging device comprising: a joining device (figure 4) comprising third and fourth joining elements configured to seam a packaging material at pre-specified intervals with respect to a (downstream) direction of movement of the packaging material, each of the third 9 and fourth 8 joining elements having independently movable horizontal adjusting mechanisms 70, 72 coupled in parallel with each other such that the third 9 and fourth 8 joining elements move side by side in parallel with each other; and a cutting element 59 configured to move within a recess of the third joining element (figure 5) to cooperate with a recess in the fourth joining element. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the second joining device of OTXOA-AIZPURUA CALVO et al. to include independently movable horizontal adjusting mechanisms and a cutting element configured as claimed, since column 1 lines 45-50 of BENDEDETTI et al. suggests such a modification would allow filled packages to be sealed and cut simultaneously without interrupting the conveyance of the tubular web along the direction of movement.
Regarding claim 9, figure 1 of OTXOA-AIZPURUA CALVO et al. further discloses the folding and conveyance device narrowing conically at a center of the folding and conveying device.
With respect to claims 10 and 13, figure 1 of OTXOA-AIZPURUA CALVO et al. further discloses the folding and conveyance device including a raised conical form that includes the passage through which the web 4 and the conveying segment of the guide device extend.
In reference to claim 11, neither OTXOA-AIZPURUA CALVO et al. nor KEEN et al. disclose the supporting structure for the first joining device. However, it would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the packaging device of OTXOA-AIZPURUA CALVO et al. to include a receiving plate for the first joining device since such structural elements cannot float in the air as suggested by the figures of OTXOA-AIZPURUA CALVO et al. and KEEN et al.; rather, it is well known in the art of packaging devices to provide plate like structure as supporting framework for such elements within the packaging device.
Regarding claim 15, OTXOA-AIZPURUA CALVO et al. (US 9,511,883) discloses a packaging method comprising: feeding an elongated packaging material web 4 over a raised (figure 4) conical shape 2 of a folding and conveyance device (figure 1); molding the web 4 about the conical shape 2 in a passage (between 1 & 2) of the folding and conveyance device into a tubular web 5; guiding product into the tubular web 5 by a conveying segment of a guide device 1 that extends along the folding and conveying device; seaming the tubular web 5 with a first joining device 17 downstream of the folding and conveyance device; moving a third and fourth joining element of a second joining device 16 relative to one another by a drive device (figure 1); seaming the tubular web 5 with the second joining device 16 to form a filled and sealed pouch 6 from the tubular web 5.
The packaging process of OTXOA-AIZPURUA CALVO et al. including the step of moving first and second joining elements of the first joining device with independently actuatable drive assemblies. KEEN teaches a packaging method comprising: feeding and molding a web into a tubular web with a folding and conveyance device (figure 1) comprising a passage (between 1 & 2) and a raised (figure 4) conical shape 1; guiding product through a conveying segment of a guide device 2; moving first and second joining elements of a first joining device 6 relative to one another downstream of the folding and conveyance device with two independently actuatable drive assemblies 5; and seaming tubular web with the first and second joining element 6 of the first joining device. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the first joining device seaming step of OTXOA-AIZPURUA CALVO et al. to include actuating first and second joining elements as claimed since paragraph [0046] of KEEN suggests such a modification would allow the seam of the tubular web to be compressed during the sealing process while simultaneously being pulled along the direction of movement for the purpose of effectively creating a fin seal on the tubular web without interrupting the conveyance of the tubular web.
Although figure 1 of OTXOA-AIZPURUA CALVO et al. discloses a packaging a process including seaming with a second joining device comprising a third and fourth joining element configured to seal/seam and cut a filled and sealed package from the tubular web of the packaging device, OTXOA-AIZPURUA CALVO et al. does not disclose the second joining device having independently adjustable joining elements as claimed. BENDEDETTI et al. teaches a packaging process comprising: moving a third and fourth joining element relative to one another with independently movable horizontal adjusting mechanisms 70, 72 coupled in parallel with each other such that the third 9 and fourth 8 joining elements move side by side in parallel with each other; and seaming (column 5 lines 19-54) a tubular packaging web (figures 4 & 5) at varying intervals (column 6 lines 9-21). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the second joining device moving and seaming step of OTXOA-AIZPURUA CALVO et al. to include moving independently movable horizontal adjusting mechanisms as claimed, since column 1 lines 45-50 of BENDEDETTI et al. suggests such a modification would allow filled packages to be sealed without interrupting the conveyance of the tubular web along the direction of movement.
With respect to claim 23, the modified second joining device of OTXOA-AIZPURUA CALVO et al. in view of BENEDETTI et al. (US 6,877,295) discloses a spring 64 coupled to the third joining element 9 of the second joining device to facilitate movement of the cutting element 59 as shown in figure 4 of BENEDETTI et al..
In reference to claims 25, figure 1 of OTXOA-AIZPURUA CALVO et al. discloses pressing a first joining element of the second joining device 17 into a second joining element of the second joining device and severing, by a cutting device with a cutting element the tube web into a separated package.
OTXOA-AIZPURUA CALVO et al. does not disclose a pressing the first joining element into a spring as claimed. BENEDETTI et al. (US 6,877,295) teaches pressing a first joining element into a spring 64 by a second joining element and severing, by a cutting element 59 a package from the tube web as claimed. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the method of OTXOA-AIZPURUA CALVO et al. to include pressing the first joining element into a spring by the second joining element since column 6 lines 2-8 and 38-43 of BENEDETTI et al suggests such a modification ensures the cutting element is biased into a withdrawn position relative to the joining element for the purpose of preventing premature damage/cutting to the tube web.
Regarding claim 26, the modified second joining device of OTXOA-AIZPURUA CALVO et al. in view of BENEDETTI et al. (US 6,877,295) discloses a drive device 27 for moving the second joining device in an opposite/reciprocal direction of movement as shown in figures 2 and 3 of BENEDETTI et al.
Claims 5, 18, 28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over OTXOA-AIZPURUA CALVO et al. (US 9,511,883) discloses in view of KEEN et al. (US 2003/0217531) and BENEDETTI et al. (US 6,877,295) as applied to claim 4 above, and further in view of TERMINELLA et al. (US 5,746,043).
In reference to claims 5 and 18, the modified second joining device of OTXOA-AIZPURUA CALVO et al. in view of BENEDETTI et al. discloses a cutting element configured to move relative to the tube web to form a filled and sealed pouch/bag of product but does not disclose the cutting element having a plurality of teeth. TERMINELLA et al. teaches a packaging device: a folding and conveyance device (figure 1) comprising a passage (between 12 & 32) configured to receive an elongated packaging material web 22 and to mold the web 22 into a tubular web, the folding and conveyance device comprising a raised (figure 4) conical shape 32 extending above a linear horizonal surface 104 of the folding and conveyance device; a guide device 14 comprising a conveying segment 12 configured to receive and guide product into the tubular web; a first joining device downstream (figure 1) of the folding and conveyance device and configured to seam the tubular web in a direction of movement of the tubular web, the first joining device comprising first 88 and second 90 joining elements; and a second joining device 130 downstream of the first joining device, the second joining device 130 configured to weld the tubular web 5 at intervals with respect to the direction of movement of the tubular web 5, the second joining device 130 comprising third 132 and fourth joining elements 134; the third element including a cutting element 156 movable within a recess of the third element, the cutting element 156 having a plurality of teeth configured to perforate the tubular web (figure 1). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the second joining device to include a cutting element having a plurality of teeth since column 12 lines 49-61 of TERMINELLA et al. suggests such a modification would allow the tubular web to more quickly and cleanly severed.
Regarding claims 28 and 30, the folding and conveyance device of OTXOA-AIZPURUA CALVO et al. is configured to convey the tubular web downstream at a constant speed. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to vary the speed and/or length of time of the second joining device since column 11 lines 1-13 of TERMINELLA et al. suggests the knowledge in the art to vary time intervals of respective drive systems for the purpose of adjusting the bag/pouch length formed from the tubular web.
Claims 14, 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over LOKKERS et al. (US 9,914,554) in view of OTXOA-AIZPURUA CALVO et al. (US 9,511,883) discloses in view of KEEN et al. (US 2003/0217531) and BENEDETTI et al. (US 6,877,295).
With respect to claim 14, LOKKERS et al. discloses a packaging system comprising: a plurality of reservoir and dispensing stations 2; at least one conveyance and collecting apparatus 17 configured to receive and transfer articles from the reservoir and dispensing stations 2 to a packaging device; and a packaging material feed 32 of a material 34 in communication with the packaging device (figure 10).
LOKKERS et al. does not disclose the specific elements of the packaging device. OTXOA-AIZPURUA CALVO et al. teaches a packaging device comprising: a folding and conveyance device (figure 1) comprising a passage (between 1 & 2) configured to receive an elongated packaging material web 4 and to mold the web 4 into a tubular web 5, the folding and conveyance device comprising a raised (figure 4) conical shape 2 extending above a linear horizonal surface of the folding and conveyance device (see Diagram I above of figure 3); a guide device 1 comprising a conveying segment configured to receive and guide product into the tubular web 5; a first joining device 17 downstream of the folding and conveyance device and configured to seam the tubular web in a direction of movement of the tubular web; and a second joining device 16 downstream of the first joining device 17, the second joining device 16 configured to weld the tubular web 5 at intervals with respect to the direction of movement of the tubular web 5, the second joining device 16 comprising third and fourth joining elements (figure 1). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the packaging device of LOKKER et al. to include a folding and conveyance device, guide device, first joining device and second joining device as claimed since figure 1 of OTXOA-AIZPURUA CALVO et al. suggest such a configuration is known in the packaging art for the purpose of forming individual filled and sealed bags/pouches of dosed quantities of a product from a web of packaging material.
The modified packaging device of LOKKER et al. in view of OTXOA-AIZPURUA CALVO et al. does not disclose the first joining device comprising first and second joining elements, each having a drive belt assembly. KEEN teaches a packaging device comprising: a folding and conveyance device (figure 1) comprising a passage (between 1 & 2) configured to receive an elongated packaging material web and to mold the web into a tubular web, the folding and conveyance device comprising a raised (figure 4) conical shape 1; a guide device 2 comprising a conveying segment configured to receive and guide product into the tubular web; and a first joining device 6 downstream of the folding and conveyance device and configured to seam the tubular web in a direction of movement of the tubular web, the first joining device comprising first and second joining element 6, each having an actuatable drive assembly 5 including a drive belt (figure 5). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the first joining device of LOKKERS et al in view of OTXOA-AIZPURUA CALVO et al. to include first and second joining elements actuated as claimed since paragraph [0046] of KEEN suggests such a modification would allow the seam of the tubular web to be compressed during the sealing process while simultaneously being pulled along the direction of movement for the purpose of effectively creating a fin seal on the tubular web without interrupting the conveyance of the tubular web.
Although figure 1 of OTXOA-AIZPURUA CALVO et al. discloses a second joining device comprising a third and fourth joining element configured to seal/seam and cut a filled and sealed package from the tubular web of the packaging device, OTXOA-AIZPURUA CALVO et al. does not disclose the second joining device having independently adjustable joining elements as claimed. BENDEDETTI et al. teaches a packaging device comprising: a joining device (figure 4) comprising third and fourth joining elements configured to seam a packaging material at pre-specified intervals with respect to a (downstream) direction of movement of the packaging material, each of the third 9 and fourth 8 joining elements having independently movable horizontal adjusting mechanisms 70, 72 coupled in parallel with each other such that the third 9 and fourth 8 joining elements move side by side in parallel with each other; and a cutting element 59 configured to move within a recess of the third joining element (figure 5) to cooperate with a recess in the fourth joining element. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the second joining device of LOKKERS et al. in view of OTXOA-AIZPURUA CALVO et al. to include independently movable horizontal adjusting mechanisms and a cutting element configured as claimed, since column 1 lines 45-50 of BENDEDETTI et al. suggests such a modification would allow filled packages to be sealed and cut simultaneously without interrupting the conveyance of the tubular web along the direction of movement.
In reference to claim 24, the modified second joining device of LOKKERS et al. in view of OTXOA-AIZPURUA CALVO et al. and BENEDETTI et al. (US 6,877,295) discloses a spring 64 coupled to the third joining element 9 of the second joining device to facilitate movement of the cutting element 59 as shown in figure 4 of BENEDETTI et al..
In reference to claims 27, figure 1 of OTXOA-AIZPURUA CALVO et al. discloses pressing a first joining element of the second joining device 17 into a second joining element of the second joining device and severing, by a cutting device with a cutting element the tube web into a separated package.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
In particular, BOECKMANN (US 4,991,379) discloses a packaging device comprising: a folding and conveyance device (figure 1) comprising a passage (between 10, 14 & 15) configured to receive an elongated packaging material web 12 and to mold the web 12 into a tubular web, the folding and conveyance device comprising a raised conical shape extending above a linear horizonal surface of the folding and conveyance device (see Diagram II below of figure 1); a guide device 11 comprising a conveying segment 10 configured to receive and guide product into the tubular web; a first joining device downstream of the folding an conveyance device and configured to seam the tubular web in a direction of movement of the tubular web, the first joining device comprising first 18 and second 19 joining elements, each having an actuatable drive assembly.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
July 30, 2026
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