DETAILED ACTION
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 .
Application Status
This action is responsive to the claims filed 1 October 2025 and Request for Continued Examination filed 27 October 2025.
Claims 1-25 are currently pending and being examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 27 October 2025 has been entered.
Claim Rejections - 35 USC § 103
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 1-6, 10-11, 15-20, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Demers (US 2005/0181924) in view of Meyer (US 5,947,882).
Claim 1, Demers teaches a packaging material production machine (30-fig.1) for manufacturing a packaging material product (34-fig.1; ¶[0045]), comprising:
a feed funnel (116-fig.8) configured to redirect packaging material (¶[0061]) from a web-shaped packaging material supply (32-fig.5) to introduce the packaging material (¶[0061]) into the packaging material production machine (¶[0060]-[0061]); and
a deflection shaft (110-fig.8) mounted on the packaging material production machine and configured to introduce redirect the packaging material (¶[0060]-[0061]) to the packaging material into the feed funnel (¶[0059]-[0060]), wherein the deflection shaft (110-fig.8) and feed funnel (116-fig.8) are configured to cooperatively accept the packaging material from different positions and/or angles to cooperatively redirect the packaging material into the packaging material production machine (“The stand 40 allows the packer to orient the converter 30 so that the converter 30 discharges discrete dunnage products exactly where the packer wants them” ¶[0048]; ¶[0046]; See also figs.5-6 showing the dunnage machine accepting packaging material from different positions and angles; ¶[0054]).
Demers does not expressly teach a shaft mounted in a free-wheeling manner and the shaft including lateral end sections whose diameters increase continuously outwardly at least in portions.
However, Meyer teaches a shaft (9,11-fig.6) mounted in a free-wheeling manner (4:1-9) and the shaft (9,11-fig.6) including lateral end sections (26,28-fig.6) whose diameters increase continuously outwardly at least in portions (4:14-29).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Demers, by the roller configuration, as taught by Meyer, to keep the dunnage material centered and allows for easy movement of the dunnage material since it is not likely to get caught on another part of the dunnage machine (Meyer 4:14-29), also is a known equivalent roller for conveying. (MPEP §2144.06(II))
Claim 2, Demers as modified by Meyer teaches the packaging material production machine according to claim 1, wherein the lateral end sections are formed frustoconical at least in sections or each have a peripheral surface curved (Meyer: 26,28-fig.6; 4:14-29), wherein the frustoconical end sections have a cone angle in the range from 20° to 178° (Meyer: see fig. 6 showing frustoconical sections 26,28 appear to be between 20° and 178°).
Claim 3, Demers as modified by Meyer teaches the packaging material production machine according to claim1, wherein:
the deflection shaft (Demers: 110-fig.8).
Demers does not teach the deflection shaft has a length in the range of 150 mm to 1000 mm. However, it would have been an obvious matter of design choice to have the shaft length between 150-1000mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP §2144.04(IV)(A).
Claim 4, Demers as modified by Meyer teaches the packaging material production machine according to claim1, wherein the deflection shaft is positioned upstream of the feed funnel in a feed direction (Demers: see fig. 8 showing 110 upstream of 116).
Claim 5, Demers as modified by Meyer teaches the packaging material production machine according to claim1, comprising an adjuster (Demers: connection point of 114 to the housing-fig.9) configured to:
attach the deflection shaft (Demers: 110-fig.9) to the feed funnel (Demers: attached via 114 and 52-fig.9), and
displace the deflection shaft (Demers: 110-fig.9) relative to the feed funnel (Demers: ¶[0060]).
Claim 6, Demers as modified by Meyer teaches the packaging material production machine according to claim 5, wherein the adjuster (Demers: connection point of the housing, where 114 is connected) is configured as a pivoting mechanism and to: permit a pivoting movement of up to 180° (Demers: see fig.9 showing two positions of 110. With 114 externally mounted the housing 110 is capable of moving up to 180°).
Claim 10, Demers as Meyer teaches the packaging material production machine according to claim1, wherein a feed opening of the feed funnel includes an opening height, oriented transversely to a feed direction of the packaging material (Demers: see fig.8 showing 116 having an opening height where the packaging material enters).
Claim 11, Demers as modified by Meyer teaches the packaging material production machine according to claim 1, wherein a feed opening of the feed funnel (Demers: 116-fig.9) is delimited by two feed rods (Demers: 54-fig.10) arranged at a distance from one another and mounted on the feed funnel (Demers: ¶[0062]).
Claim 15, Demers as modified by Meyer teaches the packaging material production machine according to claim 11, wherein:
the packaging material production machine comprises a pair of identically shaped and/or oriented deflection rods (Demers: 54-fig.10) that are configured to delimit a feed opening of the feed funnel (Demers: ¶[0062]); and
the feed opening has an opening height, oriented transversely to the feed direction of the packaging material (Demers: see fig.8 showing 116 having an opening height where the packaging material enters).
Claim 16, Demers as modified by Meyer teaches the packaging material production machine according to claim 1, wherein the feed funnel (Demers: 116-fig.8) is configured to form a chute:
having circumferential chute walls configured to guide the packaging material to the discharge opening (Demers: see fig.8 showing 116 has circumferential chute walls).
Claim 17, Demers as modified by Meyer teaches the packaging material production machine according to claim 11, further comprising a packaging material processing device releasably connected to the feed funnel (Demers: 116-fig.8) in a form-fitting manner (Demers: ¶[0062]), wherein the packaging material processing device being configured to perform form and/or separate the packaging material (Demers: ¶[0057]).
Claim 18, Demers teaches a deflection device (110-fig8) for introducing packaging material from a web-shaped supply of packaging material (32-fig.5), provided into a packaging material production machine (30-fig.1), comprising:
a deflection shaft (110-fig.8),
wherein the deflection shaft is configured to accept the packaging material from different positions (“The stand 40 allows the packer to orient the converter 30 so that the converter 30 discharges discrete dunnage products exactly where the packer wants them” ¶[0048]; ¶[0046]; See also figs.5-6 showing the dunnage machine accepting packaging material from different positions and angles; ¶[0054]).
Demers does not expressly teach a shaft mounted in a free-wheeling manner and the shaft having lateral end sections, wherein diameters of the lateral end sections increase continuously outwards at least in section.
However, Meyer teaches a shaft (9,11-fig.6) mounted in a free-wheeling manner (4:1-9) and the shaft (9,11-fig.6) having lateral end sections (26,28-fig.6), wherein diameters of the lateral end sections increase continuously outwards at least in section (4:14-29).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Demers, by the roller configuration, as taught by Meyer, to keep the dunnage material centered and allows for easy movement of the dunnage material since it is not likely to get caught on another part of the dunnage machine (Meyer 4:14-29), also is a known equivalent roller for conveying. (MPEP §2144.06(II))
Claim 19, Demers as modified by Meyer teaches the packaging material production machine according to claim 1, wherein the web-shaped packaging material supply is a leporello stack or in roll form (Meyer: 102-fig.5; ¶[0053]).
Claim 20, Demers as modified by Meyer teaches the packaging material production machine according to claim 1, wherein the deflection shaft (Demers: 110-fig.8) further comprises:
a cylinder section (Meyer: 25-fig.6) connecting the lateral end sections (Meyer: 26,28-fig.6); and
cylindrical end sections respectively connected to the lateral end sections, the cylindrical end sections having a diameter greater than a diameter of the cylinder section (Meyer: “FIG. 6 illustrates the construction of one of the rollers 9 or 11 in more detail. In addition to a central part whose outer surface is formed by one or more outer rods 25, each such roller 9 and 11 has a pair of frustoconical end parts 26 and 28 that taper toward each other and that are centered on the respective axis A. One of the frustoconical end parts 26 can be unitary with the outer rod 25 and carry a pin 27 secured in a link of the respective chain 8 and the other unitary with the core rod 24 and carrying a pin 29 secured in a link of the respective chain 8.” 4:14-23).
Claim 23, Demers as modified by Meyer teaches the packaging material production machine according to claim 1, wherein the deflection shaft is mounted on the feed funnel (Demers: see fig. 8 showing 110 is mounted to 116 via the housing 52 and arms 114).
Claim 25, Demers as modified by Meyer teaches the deflection device according to claim 18, wherein:
the deflection shaft (Demers:110-fig.8; Meyer: 9,11-fig.6) further comprises: a cylinder section (Meyer: 25-fig.6) connecting the lateral end sections (Meyer: 26,28-fig.6); and cylindrical end sections respectively connected to the lateral end sections, the cylindrical end sections having a diameter greater than a diameter of the cylinder section (Meyer: 4:14-23; see fig.6 showing the end section of 26 and 28 are of a greater diameter than 25); and
the deflection rods are connected to a feed funnel configured to introduce the packaging material into the packaging material production machine (Demers: see fig. 8 showing 110 is mounted to 116 via the housing 52 and arms 114), the feed funnel being configured to form a chute including: a circumferential chute walls configured to guide the packaging material to the discharge opening (Demers: see fig.8 showing 116 has circumferential chute walls).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Demers (US 2005/0181924) in view of Meyer (US 5,947,882), further in view of Schmid (US 2015/0273784).
Claim 7, Demers as modified by Meyer teaches the packaging material production machine according to claim 5, wherein the adjuster (Demers: connection point of the housing, where 114 is connected).
Demers as modified by Meyer does not teach a latch that defines at least two predefined latching positions for the deflection shaft in which the deflection shaft is configured to be releasably fixed.
However, Schmid teaches a latch (64-fig.4) that defines at least two predefined latching positions (65-fig.4) for the shaft (at least 61-fig.4) in which the shaft is configured to be releasably fixed (¶[0071]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the devices of Demers and Meyer, by locking adjustment means, as taught by Schmid, to lock the adjustment means, so as the shaft does not move after the shaft has been placed where the operator desires.
Claim 8, Demers modified by Meyer teaches the packaging material production machine according to claim 5.
Demers as modified by Meyer an adjuster defines at least two fixing positions for the deflection shaft in which the deflection shaft is configured to be fixed in a releasable frictionally engaged manner.
However, Schmid teaches an adjuster (at least 61,64,65-fig.4) defines at least two fixing positions (65-fig.4) for a shaft (at least 61-fig.4) in which the shaft is configured to be fixed in a releasable frictionally engaged manner (¶[0071]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the devices of Demers and Meyer, by locking adjustment means, as taught by Schmid, to lock the adjustment means, so as the shaft does not move after the shaft has been placed where the operator desires.
Claim 9, Demers as modified by Meyer teaches the packaging material production machine according to claim 7.
Demers as modified by Meyer does not teach a latch comprises at least two feed funnel-side latching elements and at least one deflection shaft-side latching member, which are configured to releasably engage with the latching elements to fix the deflection shaft in a latching position.
However, Schmid teaches a latch (at least 61,64,65-fig.4) comprises at least two feed funnel-side latching elements (65-fig.4) and at least one deflection shaft-side latching member (at least 61-fig.4), which are configured to releasably engage with the latching elements to fix the deflection shaft in a latching position (¶[0071]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the devices of Demers and Meyer, by locking adjustment means, as taught by Schmid, to lock the adjustment means, so as the shaft does not move after the shaft has been placed where the operator desires.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Demers (US 2005/0181924) in view of Meyer (US 5,947,882), further in view of Stockstill (US 2003/0138297).
Claim 21, Demers and Meyer teaches the packaging material production machine according to claim 20.
PNG
media_image1.png
270
247
media_image1.png
Greyscale
Demers as modified by Meyer teaches the cylindrical end sections extend axially outward from respective axially outer ends of the lateral end sections.
However, Stockstill teaches the cylindrical end sections extend axially outward from respective axially outer ends of the lateral end sections (see annotated fig. 6 showing the cylindrical end sections extend axially outward).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the roller of Demers and Meyer, by the roller shape, as taught by Stockstill, as a known alternative roller in a free-wheeling manner to feed an article. (MPEP §2144.06(II)).
Claim(s) 12-14, 22, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chesterson (US 2003/0073558) in view of Cheich ‘392 (US 2012/0289392), further in view of Cheich ‘256 (US 2020/0180256)
Claim 12, Chesterson teaches packaging material production machine (12,13,14,16-fig.1) for manufacturing a packaging material product (¶[0002]), comprising:
a feed funnel (65,76-fig.3) configured to introduce packaging material (¶[0023]) from a web-shaped packaging material supply (23-fig.3) provided into the packaging material production machine (¶[0020]); and
a deflection rod (32-fig.1) connected, downstream of the feed funnel in a feed direction (see fig. 3 showing 32 downstream of 65,76), to a feed opening (52-fig.3) of the feed funnel (65,76-fig.3; ¶[0023],[0027]), and configured to introduce the packaging material into the feed funnel (¶[0020]), the deflection rods, having a constant cross-section and being curved, away from the feed funnel, along its respective longitudinal extension (see figs.1-3 showing 32 has a constant cross-section and being curved; ¶[0036]).
Chesterson does not expressly teach the feed funnel being configured to form a chute including: a rectangular inner cross-section that continuously tapers from a feed opening in a direction of a discharge opening at least in sections; and/or circumferential chute walls configured to guide the packaging material to the discharge opening.
However, Cheich ‘392 teaches a feed funnel being configured to form a chute including a circumferential chute walls configured to guide the packaging material to the discharge opening (see fig.7 showing 96 has circumferential chute walls).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Chesterson, by adding a circumferential feed chute, as taught by Cheich ‘392, to ensure smooth feeding into the dunnage machine, so the paper does not get caught on the outside body of the dunnage machine.
Chesterson as modified by Cheich ‘392 does not explicitly teach a pair of deflection rods configured to cooperatively delimit a feed opening of the feed funnel.
However, Cheich ‘256 teaches a pair of deflection rods (104,106-fig.2) configured to cooperatively delimit a feed opening of the feed funnel (¶[0082]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Chesterson and Cheich ‘392, by having a pair of introduction rods, as taught by Cheich ‘256, to ensure the packaging material makes it to the funnel and does not deviate from its path and can separate plies of packaging material. (Cheich ‘256 ¶[0082])
Chesterson as modified by Cheich ‘392 and Cheich ‘256 further teaches:
Claim 13, the packaging material production machine according to claim 12, wherein: the deflection rod has a circular arc shape (Chesterson: see fig.1 showing 32 has a circular arc shape; ¶[0020]).
Claim 14, the packaging material production machine according to claim 12, wherein the deflection rod has an angle of curvature of 200 to 175° (Chesterson: see fig.2 showing 32 appears to have an angle of curvature of about 175-200°), and/or the deflection rod is stationary (Chesterson: ¶[0020]) and/or immovably attached to the feed funnel (Chesterson: attached via 33-fig.2; ¶[0020]).
Claim 22, the packaging material production machine according to claim 12, wherein the deflection rod (Chesterson: 32-fig.1; Cheich:92-fig.7) is fixedly attached to respective inner sides of the chute walls (Cheich ‘392: see fig.8 showing 92 fixedly attached to 96).
Claim 24, the packaging material production machine according to claim 12, wherein the deflection rod (Chesterson: 32-fig.1; Cheich ‘392:92-fig.7) is mounted on the feed funnel (Cheich ‘392: see fig.8 showing 92 fixedly attached to 96).
Response to Arguments
Applicant's arguments in regard to claims 1 and 18 have been fully considered but they are not persuasive.
Applicant’s Argument:
“[I]n Demers, the feeding of the stock material into the converter is always from a fixed position relative to the machine itself. Demers does not disclose or even suggest a device configured to, nor suggest doing so, accept material feed into the machine from different positions or angles.” (Remarks p.8)
Examiner’s Response:
Demers does not disclose only a converter that always received stock material from a fixed position. “The supply of stock material is separate, and can be supported in a trolley 104, as shown in FIG. 5.” ¶[0054]. As shown in figures 5-6 the storage is movable and the stand is adjustable as well, therefore the stock is received from different positions and angles.
Applicant’s arguments with respect to claim(s) 12 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATIE L GERTH/Examiner, Art Unit 3731
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731