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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/14/2025 has been entered.
Drawings
The filed amended drawings filed on 03/14/2025, has been accepted by the Office.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Best (U.S. Patent No. 3,742,677).
Regarding claim 1: Best discloses a method for combining a plurality of articles via at least one packaging material to form a pack, comprising:
forming an article group from the plurality of articles (Fig. 1; via groped articles C) to form a pack (via the shown different grouped C) and temporally following the forming step, applying, with at least one manipulator (via 36 & 38), at least one packaging material (Figs. 1-2; via applying carriers 15) to the article group to form a pack (C), and while the at least one manipulator is applying the at least one packaging material to the article group, contacting at least one supporting beam or pushing beam (via 11) with a rear side of the article group with respect to a direction of movement of the article group, see for example (Fig. 1; via 11 pushing grouped articles C) and slidably pushes the article group along a transfer plate or along a support surface (Fig. 1; via 11 along conveyor 10);
wherein the at least one supporting beam or pushing beam (via 11) is guided along a circulating movement path by an endless traction device (via conveyor 10) operating in sections above or in a vertical direction above a periphery defined by a carrying construction or supporting construction, see for example (Fig. 1; via 11 seems to be operating in a vertical direction above the carrying construction 10), and/or (Fig. 1; via the top shown mechanism with cams 36/38 appears to be applying some type of pushing mechanism from “above” and moving along with the containers while applying the grids to the top of containers C); such that the supporting beam or pushing beam (via 11) is brought into contact with the rear side of the article group along the circulating movement path (via circulation of conveyor 10), and then is in continuous contact with the rear side of the article group (via groups C) while the at least one manipulator (36 & 38) is applying the at least one packaging material, see for example (Fig. 1; via packing material 15 applied to groups C while being pushed by pusher 11).
Regarding claim 4: wherein the at least one manipulator (via 36 & 38) is a component of at least one working module (via module of applying mechanism 12).
Regarding claim 6: wherein the endless traction device (36/38) is guided inaccessibly from the outside through an enclosure or is guided inaccessibly from the outside through a channel, see for example (Fig. 3-4; via the shown channels or path of 36).
Regarding claim 7: further comprising providing at least one first manipulator (Fig. 2; via the shown first gripper 26) and at least one second manipulator (via other grippers 26), wherein: the at least one first manipulator and the at least one second manipulator (via multiple of grippers 26) cooperate to apply a plurality of different packaging materials (via different packing 15) to the article group (via groups C), or wherein: the at least one first manipulator and the at least one second manipulator (via 26) are assigned different article groups (Fig. 2; via operated upon different set of grouped C), such that the at least one first manipulator applies at least one packaging material (via 15) to first article groups contacted at a rear side of the article group by at least one supporting beam or pushing beam (Fig. 1; appears like while ending of applied packing material to one group, the other is starting; using pusher 11) and wherein the at least one second manipulator applies at least one packaging material (via 15) to second article groups contacted at a rear side of the article group by at least one supporting beam or pushing beam (via pusher 11).
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.
Claim(s) 1, 4, 6, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Best (U.S. Patent No. 3,742,677).
Regarding claim 1: Best discloses a method for combining a plurality of articles via at least one packaging material to form a pack, comprising:
forming an article group from the plurality of articles (Fig. 1; via groped articles C) to form a pack (via the shown different grouped C) and temporally following the forming step, applying, with at least one manipulator (via 36 & 38), at least one packaging material (Figs. 1-2; via applying carriers 15) to the article group to form a pack (C), and while the at least one manipulator is applying the at least one packaging material to the article group, contacting at least one supporting beam or pushing beam (via 11) with a rear side of the article group with respect to a direction of movement of the article group, see for example (Fig. 1; via 11 pushing grouped articles C) and slidably pushes the article group along a transfer plate or along a support surface (Fig. 1; via 11 along conveyor 10);
wherein the at least one supporting beam or pushing beam (via 11) is guided along a circulating movement path by an endless traction device (via conveyor 10) so that the supporting beam or pushing beam (via 11) is brought into contact with the rear side of the article group along the circulating movement path (via circulation of conveyor 10), and then is in continuous contact with the rear side of the article group (via groups C) while the at least one manipulator (36 & 38) is applying the at least one packaging material, see for example (Fig. 1; via packing material 15 applied to groups C while being pushed by pusher 11).
In case it is not clear to Applicant that Best discloses the amended claim referring to the at least one endless traction device operates in sections above or in a vertical direction above the periphery defined by the carrying construction or supporting construction.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of Aplciant’s claimed invention to have modified Best’s endless traction device (via 36/38) to be positioned in sections above or in a vertical direction above the periphery defined by the carrying construction or supporting construction (via machine’s frame portions), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 4: Best discloses that at least one manipulator (via 36 & 38) is a component of at least one working module (via module of applying mechanism 12).
Regarding claim 6: Best discloses that the endless traction device (36/38) is guided inaccessibly from the outside through an enclosure or is guided inaccessibly from the outside through a channel, see for example (Fig. 3-4; via the shown channels or path of 36).
Regarding claim 7: Best further comprising providing at least one first manipulator (Fig. 2; via the shown first gripper 26) and at least one second manipulator (via other grippers 26), wherein: the at least one first manipulator and the at least one second manipulator (via multiple of grippers 26) cooperate to apply a plurality of different packaging materials (via different packing 15) to the article group (via groups C), or wherein: the at least one first manipulator and the at least one second manipulator (via 26) are assigned different article groups (Fig. 2; via operated upon different set of grouped C), such that the at least one first manipulator applies at least one packaging material (via 15) to first article groups contacted at a rear side of the article group by at least one supporting beam or pushing beam (Fig. 1; appears like while ending of applied packing material to one group, the other is starting; using pusher 11) and wherein the at least one second manipulator applies at least one packaging material (via 15) to second article groups contacted at a rear side of the article group by at least one supporting beam or pushing beam (via pusher 11).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, 6, and 7 have been considered but are moot because the new ground of rejection adjusted to address the newly added and modified claimed limitations.
The Office in respect to the latest conducted and discussed matter on the interview dated Feb. 24th., 2025 believes that the filed amended claims are not consistent nor supporting what was discussed. In particular, the Office believes that there is no where in the amended claims are referring to the discussed positive step of having the “traction device” and “pusher” to be positioned “above” the conveyed grouped articles.
The Office as set forth above, giving the claims the broadest reasonable meaning still believes the applied art of Best ‘677 suggest the amended claims referring to the “pushing beam” guided along an endless “traction device” operating in sections above or in a vertical direction above a carrying construction or supporting construction, see for example (Fig. 1; via pushers 11 guided along endless belt 10, operating “in sections” in a vertical direction in a carrying construction via 11 extended vertically in carrier 10) and/or the “above” cam 38 while applying the grids into the top of the containers, inherently applying some pushing mechanism and assisting on conveying them from above.
Further, as set forth above the Office believes that since the applied art ‘677 suggests the claimed steps, only might be missing an exact arrangement of the parts or steps, specifically on having the pushing mechanism which is controlling the pushing bar to be positioned above the containers, is something very old and know in the art, see for example the newly added arts indicated herewith via form PTO-892.
Also, it is noted that the applied art 677 similarly to the filed invention show pushing parts positioned and pushing the containers from the bottom section, (Fig. 1; via 11 of the applied art similarly to Fig. 2 via bars 6 pushing containers 40 at the bottom section of the invention). Coming up with the moving mechanism “traction device” of those bushing bars to be positioned at certain location in respect to the entire device is nothing more than a design choice and/or rearranging of parts, not novel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731