DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. This Office action is responsive to the Request for Continued Examination (RCE) filed under 37 CFR §1.53(d) for the instant application on January 28, 2026. Applicants have properly set forth the RCE, which has been entered into the application, and an examination on the merits follows herewith.
Claims 3-4, 7, 9-15, 19-20, 22, 26 and 28-33 have been examined and rejected. This Office action is responsive to the amendment filed on January 28, 2026, which has been entered in the above identified application.
Claim Objections
3. The correction to claim 26 has been approved, and the objection to the claim is withdrawn.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 3-4, 7, 9-14, and 19-20, 22, 26, and 28-33 are rejected under 35 U.S.C. 103 as being unpatentable over Dye (U.S. Patent No. 7,299,103), in view of Moreira da Costa et al (Pub. No. US 2015/0019005), and further in view of Zhou (U.S. Patent No. 11,099,934).
Claims 19, 3-4, 7, 9-14, 22, 28-30 (Method)
5-1. Regarding claim 19, Dye teaches a method for operating a first… machine and a second… machine, including: a) storing a data set required to operate the first… machine in a first storage unit of the first… machine, by disclosing a system comprising a plurality of packaging machines [column 5, lines 65-67; figure 1] and a portable module [column 7, lines 40-44] where each machine includes an electronic controller that includes a memory for storing a list of operating instructions [column 7, lines 1-6].
Dye teaches b) additionally storing the data set required to operate the first… machine in a second storage unit of the second… machine, by disclosing that operating instructions from one machine may be copied to another machine [column 8, lines 41-47]. Additionally, the portable module includes a memory that stores a list of operating instructions for controlling an operation of each of the machines in the different operational modes [column 8, lines 24-33].
Dye teaches… wherein the data set required to operate the first… machine is not required to operate the second… machine, by disclosing that each machine includes an electronic controller that includes a memory for storing a list of operating instructions [column 7, lines 1-6].
Dye does not expressly teach that the first and second machines are food machines. Moreira da Costa discloses a food packaging line which comprises a packaging machine and at least one further component, wherein the packaging machine and each component respectively have at least partially a local closed-loop/open-loop control system and the packaging line has a closed-loop/open-loop line control system [paragraph 1]. If there is an improper functionality or fault in one of the components in the food packaging line, any one of the other components in the food packaging line may correct the problem by transmitting stored information to the appropriate component [paragraph 46, lines 34-46]. The food packaging line allows for quicker resolution of malfunctions to components within the line and provides increased efficiency for food distribution. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the system of Dye as part of the food packaging line, as taught by Moreira da Costa. This would extend the improved monitoring of packaging machines of Dye to a food packaging line for quicker resolution of malfunctions and increased efficiency for food distribution.
Dye-Moreira da Costa do not expressly teach that the data set required to operate the first food machine is stored in the second storage unit of the second food machine to facilitate recovery of the data set upon a loss of the data set in the first storage unit;… wherein when the loss of the data set in the first storage unit of the first food machine is recognized by a control device of the first food machine, the method comprises a step of transmitting the data set from the second storage unit of the second food machine to the first storage unit of the first food machine. Zhou discloses that it was well known to provide a data rebuilding process for a primary site using external redundancy, where a secondary site provides data mirroring for the primary site such that only lost data is rebuilt by identifying the lost data and retrieving the lost data from the secondary site [column 1, lines 50-51; column 4, lines 9-13, 43-50]. When a failure is detected by a processor on a first server that stores a first data [column 1, lines 53-57; column 6, lines 10-12], the first server starts to rebuild its lost data by forming data loss information that identifies the lost data units in the first data [column 6, lines 31-33]. The formed data loss information is sent to a secondary server [column 6, lines 33-34] and corresponding mirrored data is retrieved from the secondary server [column 7, lines 9-60] and sent to the first server to rebuild the lost data [column 7, lines 61-65]. This would provide an efficient process of restoring lost data to ensure the correct functioning of devices. Since Dye-Moreira da Costa disclose that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47] and that one component of the food packaging line may be used to resolve problems in another component of the food packaging line [Moreira da Costa, paragraph 46, lines 34-46], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to, for the food machines of Dye-Moreira da Costa, store mirrored data among the machines and use such mirrored data as part of a rebuilding process when a machine recognizes a loss of data, as taught by Zhou. This would provide an efficient process of restoring lost data to ensure the correct functioning of machines.
5-2. Regarding claim 3, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, comprising a step of transmitting the data set required to operate the first food machine to the second storage unit of the second food machine via a wireless or wired communication link, by disclosing that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47]. Additionally, the portable module can control a communication of data from a machine to its memory during a connection session [Dye, column 8, lines 24-28] such that it can be configured to receive any or all of the data stored in the memory of the machines, such as operating instructions [Dye, column 8, lines 38-41]. The components of the food packaging line are configured for wired or wireless communication [Dye, column 7, lines 35-39, 54-59; Moreira da Costa, paragraph 47, lines 8-18].
5-3. Regarding claim 4, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the data set required to operate the first food machine comprises input data and/or user data, and the method comprises a step of detecting the input data with an input device of the first food machinby disclosing an operator control unit in each component that allows an operator to control the entire food packaging line [Moreira da Costa, paragraph 46, lines 12-14, 24-46]. Additionally, the memory of a component can store data generally relating to the machine, including security data for controlling access to the controller to services access menus [Dye, column 7, lines 8-11, 30-31].
5-4. Regarding claim 7, Dye-Moreira da Costa-Zhou teach all the limitations of claim 1, wherein when a loss of the input data or the user data of the data set in the first storage unit of the first food machine is recognized, the method comprising transmitting only the lost input data or the user data of the data set from the second storage unit of the second food machinby disclosing that when a failure is detected by a processor on a first server that stores a first data [Zhou, column 1, lines 53-57; column 6, lines 10-12], the first server starts to rebuild its lost data by forming data loss information that identifies the lost data units in the first data [Zhou, column 6, lines 31-33]. The formed data loss information is sent to a secondary server [Zhou, column 6, lines 33-34] and corresponding mirrored data is retrieved from the secondary server [Zhou, column 7, lines 9-60] and sent to the first server to rebuild the lost data [Zhou, column 7, lines 61-65].
5-5. Regarding claim 9, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the data set to operate the first food machine comprises order data for a first order, and the method comprises a step of transmitting the order data from an order data management system via a wireless or wired communication link, by disclosing that the components of the food packaging line can be controlled using the operator control units of each component [Moreira da Costa, paragraph 46, lines 24-27] as well as the portable module [Dye, column 8, lines 56-63]. The components are configured for wired or wireless communication [Dye, column 7, lines 35-39, 54-59; Moreira da Costa, paragraph 47, lines 8-18].
5-6. Regarding claim 10, Dye-Moreira da Costa-Zhou teach all the limitations of claim 9, wherein when order data for a second order is not provided by the order data management system, wherein the method comprises a step of transmitting the order data from the first order from the second storage unit of the second food machine into the first storage unit of the first food machine, by disclosing that any operator control unit of the components may be used to control the food packaging line [Moreira da Costa, paragraph 46, lines 24-27]. Thus, if one component does not provide order data, another component can.
5-7. Regarding claim 11, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the first food machine and the second food machine are part of a common production line of a plurality of food machines, the common production line comprising a third food machine having a third storage unit, by disclosing that the food packaging line is made up of a plurality of components each comprising memory [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 1-6, 32-39; column 8, lines 24-28; column 9, lines 47-51].
Dye-Moreira da Costa-Zhou teach wherein a further data set that is required to operate the second food machine is stored in the second storage unit of the second food machinby disclosing that each machine includes an electronic controller that includes a memory for storing a list of operating instructions [Dye, column 7, lines 1-6].
Dye-Moreira da Costa-Zhou teach wherein the further data set that is required to operate the second food machine is additionally stored in the third storage unit of the third food machine, by disclosing that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47]. Additionally, there may be multiple portable modules [Dye, column 9, lines 47-51] where one of the portable modules includes a memory that stores a list of operating instructions for controlling an operation of each of the machines in the different operational modes [Dye, column 8, lines 24-33]. Other components within the food packaging line contain appropriate code to operate any of the other components in case a component is not functioning properly or suffers from a fault [Moreira da Costa, paragraph 46, lines 34-46]. Data is mirrored between the machines such that the rebuilding process may be carried out in the event of a detected loss of data [Zhou, column 1, lines 50-51; column 4, lines 9-13, 43-50].
5-8. Regarding claim 12, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19 wherein the first food machine and the second food machine are part of a common production line of a plurality of food machines, by disclosing that the food packaging line is made up of a plurality of components [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 32-39; column 9, lines 47-51].
Dye-Moreira da Costa-Zhou teach wherein all data sets required to operate the common production line of the plurality of food machines are stored in the first storage unit of the first food machine and in the second storage unit of the second food machine, by disclosing that the entire food packaging line can be controlled using the operator control units of each component [Moreira da Costa, paragraph 46, lines 24-27].
5-9. Regarding claim 13, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the first food machine and the second food machine are part of a common production line of a plurality of food machines, the common production line comprising a third food machinby disclosing that the food packaging line is made up of a plurality of components each comprising memory [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 1-6, 32-39; column 8, lines 24-28; column 9, lines 47-51].
Dye-Moreira da Costa-Zhou teach wherein a further data set required to operate the second food machine is stored in the second storage unit of the second food machinby disclosing that each machine includes an electronic controller that includes a memory for storing a list of operating instructions [Dye, column 7, lines 1-6].
Dye-Moreira da Costa-Zhou teach wherein the further data set required to operate the second food machine is additionally stored in the third storage unit of the third food machine, by disclosing that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47]. Additionally, there may be multiple portable modules [Dye, column 9, lines 47-51] where one of the portable modules includes a memory that stores a list of operating instructions for controlling an operation of each of the machines in the different operational modes [Dye, column 8, lines 24-33]. Other components within the food packaging line contain appropriate code to operate any of the other components in case a component is not functioning properly or suffers from a fault [Moreira da Costa, paragraph 46, lines 34-46]. Data is mirrored between the machines such that the rebuilding process may be carried out in the event of a detected loss of data [Zhou, column 1, lines 50-51; column 4, lines 9-13, 43-50].
Dye-Moreira da Costa-Zhou teach wherein an additional data set required to operate the third food machine is stored in the third storage unit of the third food machine, by disclosing that each machine includes an electronic controller that includes a memory for storing a list of operating instructions [Dye, column 7, lines 1-6].
Dye-Moreira da Costa-Zhou teach wherein the additional data set required to operate the third food machine is additionally stored in the first storage unit of the first food machine, by disclosing that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47]. Other components within the food packaging line contain appropriate code to operate any of the other components in case a component is not functioning properly or suffers from a fault [Moreira da Costa, paragraph 46, lines 34-46]. Data is mirrored between the machines such that the rebuilding process may be carried out in the event of a detected loss of data [Zhou, column 1, lines 50-51; column 4, lines 9-13, 43-50].
5-10. Regarding claim 14, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the method comprises selecting the data set required to operate the first food machine, detecting an indicator by a detection device in order to select the data set, and determining the data set is from a list of predefined data sets by a selection unit depending on the detected indicator, by disclosing providing security data for controlling access to the controller of a machine to service access menus [Dye, column 7, lines 8-11, 30-31]. The controller of a machine is used to control the operation of the machine and a display is used to indicate the current mode of operation [Dye, column 7, lines 1-8]. The machine is configured to operate in different modes [Dye, column 2, lines 54-59].
5-11. Regarding claim 22, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the first food machine and the second food machine are linked via a wireless or wired communication link, by disclosing that the components of the food packaging line are configured for wired or wireless communication [Dye, column 7, lines 35-39, 54-59; Moreira da Costa, paragraph 47, lines 8-18].
Dye-Moreira da Costa-Zhou teach the method comprises transmitting the data set required to operate the first food machine directly from the second storage unit of the second food machine to the first storage unit of the first food machine via the wireless or wired communication link, by disclosing that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47]. All components of the production line of Dye-Moreira da Costa-Zhou may be considered food machines because they are each involved in the packaging of food. This includes both the machines 12 and the portable module 40 of Dye. The portable module can control a communication of data from a machine to its memory during a connection session [Dye, column 8, lines 24-28] such that it can be configured to receive any or all of the data stored in the memory of the machines, such as operating instructions [Dye, column 8, lines 38-41]. Further, data is mirrored between the machines such that the rebuilding process may be carried out in the event of a detected loss of data [Zhou, column 1, lines 50-51; column 4, lines 9-13, 43-50]. Given that machines within the production line may communicate directly with each other [Dye, column 7, lines 35-39; Moreira da Costa, paragraph 46, lines 18-20, paragraph 47, lines 8-18] and the need to be able to resolve a malfunction of the production line without having to go considerable distances [Moreira da Costa, paragraph 46, lines 46-53], one of ordinary skill in the art would be motivated to mirror operating instructions from an identified component in the food packaging line of Dye-Moreira da Costa to another component as a backup, and transmit the mirrored operating instructions back to the identified component when a data loss is recognized, as taught by Zhou. Such direct machine-to-machine restoration of data would provide a more efficient and time-saving way to protect against data loss.
5-12. Regarding claim 28, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the data set required to operate the first food machine is uniquely assigned to only operate the first food machine and not to operate the second food machine, by disclosing that the food packaging line is made up of a plurality of components that may perform different functions [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 32-39; column 9, lines 47-51].
5-13. Regarding claim 29, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein the data set required to operate the first food machine does not include values that are used to control or operate the second food machine, by disclosing that the food packaging line is made up of a plurality of components that may perform different functions, such as a packaging machine, a cutting-up device, a loader [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 32-39] and a device for collecting consumable usage data [Dye, column 9, lines 47-51].
Dye-Moreira da Costa-Zhou teach wherein the data set comprises measured values that can be used to generate information for presenting to a user of the first food machine, by disclosing that each component of the food packaging line has a display for presenting information to the user [Dye, column 7, lines 4-8; column 8, lines 48-63].
Dye-Moreira da Costa-Zhou teach wherein the information comprises statistical information and/or reference information and/or deviations from a reference value or reference curve that arise during operation of the first food machine, by disclosing that the displayed information comprises status information, a request for input, operational data, and the like [Dye, column 7, lines 4-8; column 8, lines 59-63].
5-14. Regarding claim 30, Dye-Moreira da Costa-Zhou teach all the limitations of claim 19, wherein upon a partial loss of the data set, only the lost part of the data set is transmitted from the second storage unit of the second food machine to the first storage unit of the first food machine to restore the first food machine to a functional state, by disclosing that when a failure is detected by a processor on a first server that stores a first data [Zhou, column 1, lines 53-57; column 6, lines 10-12], the first server starts to rebuild its lost data by forming data loss information that identifies the lost data units in the first data [Zhou, column 6, lines 31-33]. The formed data loss information is sent to a secondary server [Zhou, column 6, lines 33-34] and corresponding mirrored data is retrieved from the secondary server [Zhou, column 7, lines 9-60] and sent to the first server to rebuild the lost data [Zhou, column 7, lines 61-65].
Claims 20, 26, 31-33 (Method)
5-15. Regarding claim 20, Dye teaches a method for operating a first… machine and a second… machine, including: a) storing a data set required to operate the first… machine in a first storage unit of the first… machine, by disclosing a system comprising a plurality of packaging machines [column 5, lines 65-67; figure 1] and a portable module [column 7, lines 40-44] where each machine includes an electronic controller that includes a memory for storing a list of operating instructions [column 7, lines 1-6].
Dye teaches b) additionally storing the data set required to operate the first… machine in a second storage unit of the second… machine, by disclosing that operating instructions from one machine may be copied to another machine [column 8, lines 41-47]. Additionally, the portable module includes a memory that stores a list of operating instructions for controlling an operation of each of the machines in the different operational modes [column 8, lines 24-33].
Dye teaches wherein the data set required to operate the first… machine is not required to operate the second… machine, by disclosing that each machine includes an electronic controller that includes a memory for storing a list of operating instructions [column 7, lines 1-6].
Dye does not expressly teach that the first and second machines are food machines. Moreira da Costa discloses a food packaging line which comprises a packaging machine and at least one further component, wherein the packaging machine and each component respectively have at least partially a local closed-loop/open-loop control system and the packaging line has a closed-loop/open-loop line control system [paragraph 1]. If there is an improper functionality or fault in one of the components in the food packaging line, any one of the other components in the food packaging line may correct the problem by transmitting stored information to the appropriate component [paragraph 46, lines 34-46]. The food packaging line allows for quicker resolution of malfunctions to components within the line and provides increased efficiency for food distribution. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the system of Dye as part of the food packaging line, as taught by Moreira da Costa. This would extend the improved monitoring of packaging machines of Dye to a food packaging line for quicker resolution of malfunctions and increased efficiency for food distribution.
Dye-Moreira de Costa do not expressly teach wherein when a loss of the data set in the first storage unit of the first food machine is recognized by a control device of the first food machine, the method comprises a step of controlling the first food machine by a control device of the second food machine with the data set stored in the second storage unit of the second food machine. Zhou discloses that it was well known to provide a data rebuilding process for a primary site using external redundancy, where a secondary site provides data mirroring for the primary site such that only lost data is rebuilt by identifying the lost data and retrieving the lost data from the secondary site [column 1, lines 50-51; column 4, lines 9-13, 43-50]. When a failure is detected by a processor on a first server that stores a first data [column 1, lines 53-57; column 6, lines 10-12], the first server starts to rebuild its lost data by first redirecting incoming input/output requests from the application to a second server storing a second data, wherein the second data is mirrored from the first data [column 6, lines 12-14]. The secondary server processing the I/O requests by using the mirrored data while the primary server starts to rebuild its lost data [column 6, lines 27-29]. This would allow for the continued operation of the application while the lost data is rebuilt. Since Dye-Moreira de Costa disclose using the control system of another component to operate a component when the component has no dedicated control system [Moreira de Costa, paragraph 48], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide control of a first component by a second component in the food packaging line of Dye-Moreira de Costa when a loss of data is detected in the first component, as taught by Zhou. This would allow for the continued operation of the component while the lost data is rebuilt.
5-16. Regarding claim 26, Dye-Moreira de Costa-Zhou teach all the limitations of claim 20, wherein the first food machine and the second food machine are linked via a wireless or wired communication link, by disclosing that the components of the food packaging line are configured for wired or wireless communication [Dye, column 7, lines 35-39, 54-59; Moreira da Costa, paragraph 47, lines 8-18].
Dye-Moreira de Costa-Zhou teach the method comprises transmitting the data set required to operate the first food machine directly from the second storage unit of the second food machine to the first storage unit of the first food machine via the wireless or wired communication link, by disclosing that operating instructions from one machine may be copied to another machine [Dye, column 8, lines 41-47]. All components of the production line of Dye-Moreira da Costa-Zhou may be considered food machines because they are each involved in the packaging of food. This includes both the machines 12 and the portable module 40 of Dye. The portable module can control a communication of data from a machine to its memory during a connection session [Dye, column 8, lines 24-28] such that it can be configured to receive any or all of the data stored in the memory of the machines, such as operating instructions [Dye, column 8, lines 38-41]. Further, data is mirrored between the machines such that the rebuilding process may be carried out in the event of a detected loss of data [Zhou, column 1, lines 50-51; column 4, lines 9-13, 43-50]. Given that machines within the production line may communicate directly with each other [Dye, column 7, lines 35-39; Moreira da Costa, paragraph 46, lines 18-20, paragraph 47, lines 8-18] and the need to be able to resolve a malfunction of the production line without having to go considerable distances [Moreira da Costa, paragraph 46, lines 46-53], one of ordinary skill in the art would be motivated to mirror operating instructions from an identified component in the food packaging line of Dye-Moreira da Costa to another component as a backup, and transmit the mirrored operating instructions back to the identified component when a data loss is recognized, as taught by Zhou. Such direct machine-to-machine restoration of data would provide a more efficient and time-saving way to protect against data loss.
Dye-Moreira de Costa-Zhou teach wherein the first food machine and the second food machine are not of the same type of machine, or the first food machine and the second food machine are of the same type of machine but perform different processing steps, by disclosing that the food packaging line is made up of a plurality of components that may perform different functions [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 32-39; column 9, lines 47-51].
5-17. Regarding claim 31, Dye-Moreira de Costa-Zhou teach all the limitations of claim 20, wherein the data set required to operate the first food machine is uniquely assigned to only operate the first food machine and not to operate the second food machine, by disclosing that the food packaging line is made up of a plurality of components that may perform different functions [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 32-39; column 9, lines 47-51].
5-18. Regarding claim 32, Dye-Moreira de Costa-Zhou teach all the limitations of claim 20, wherein the data set required to operate the first food machine does not include values that are used to control or operate the second food machine, by disclosing that the food packaging line is made up of a plurality of components that may perform different functions, such as a packaging machine, a cutting-up device, a loader [Moreira da Costa, paragraph 46, lines 1-11; Dye, column 7, lines 32-39] and a device for collecting consumable usage data [Dye, column 9, lines 47-51].
5-19. Regarding claim 33, Dye-Moreira de Costa-Zhou teach all the limitations of claim 31, wherein upon a partial loss of the data set, only the lost part of the data set is transmitted from the second storage unit of the second food machine to the first storage unit of the first food machine, by disclosing that when a failure is detected by a processor on a first server that stores a first data [Zhou, column 1, lines 53-57; column 6, lines 10-12], the first server starts to rebuild its lost data by forming data loss information that identifies the lost data units in the first data [Zhou, column 6, lines 31-33]. The formed data loss information is sent to a secondary server [Zhou, column 6, lines 33-34] and corresponding mirrored data is retrieved from the secondary server [Zhou, column 7, lines 9-60] and sent to the first server to rebuild the lost data [Zhou, column 7, lines 61-65].
6. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Dye (U.S. Patent No. 7,299,103), in view of Moreira da Costa et al (Pub. No. US 2015/0019005), in view of Zhou (U.S. Patent No. 11,099,934), and further in view of Roberts et al (Pub. No. US 2007/0251197).
6-1. Regarding claim 15, Dye-Moreira da Costa-Zhou teach all the limitations of claim 14. Dye-Moreira da Costa-Zhou do not expressly teach wherein the detected indicator is an optically detectable indicator and the detection device is an optical detection device. Roberts discloses a method and system for repackaging an item having a unique identification code [paragraph 1]. A repackaging station has a scanner that reads data from the unique identification code into a data system [paragraph 23, lines 3-8; figure 1] to recall information unique to the specific item [paragraph 24]. The recalled information includes an appropriate replacement package type for the particular item [paragraph 29, lines 7-11]. The data system is connected to a package dispensing machine having a plurality of different replacement packages for packaging a variety of items of different size and/or shape [paragraph 29, lines 1-7]. The data system uses the recalled information to instruct the package dispensing machine to automatically dispose the correct replacement package type for the item [paragraph 30]. This would increase the efficiency of the system by making it easier to discern the appropriate packaging for the item. Since Dye-Moreira da Costa-Zhou disclose that a packaging machine in the food packaging line has multiple operation modes that may be appropriate for certain situations [Dye, column 6, lines 15-20, 33-41], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide scanning of a unique identification code to determine appropriate package type for an item the packaging machine should operate to produce, as taught by Roberts. This would increase the efficiency of the system by making it easier to discern the appropriate packaging for the item.
Response to Arguments
7. The Examiner acknowledges the Applicant’s amendments to claims 7, 19, 20, and 26, the cancellation of claims 21, 23-25, and 27, and the addition of claims 28-33.
Regarding independent claim 19, Applicant alleges that Dye (U.S. Patent No. 7,299,103), in view of Moreira da Costa et al (Pub. No. US 2015/0019005), and further in view of Fair (Pub. No. US 2008/0115071) do not teach “a loss of the data set in the first storage unit of the first food machine is recognized by a control device of the first food machine,” as has been amended to the claim. Examiner has rejected claim 19 under 35 U.S.C. 103 as being unpatentable over Dye (U.S. Patent No. 7,299,103), in view of Moreira da Costa et al (Pub. No. US 2015/0019005), and further in view of Zhou (U.S. Patent No. 11,099,934). Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Applicant alleges that Dye does not teach or suggest “the data set required to operate the first food machine is not required to operate the second food machine” because Dye does not disclose any distinction between data sets required to operate different machines, nor does it disclose that a data set required to operate one machine would be incompatible with, or not required to operate, another machine.
Examiner notes that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Nowhere in the claim recites anything regarding the food machines being of different types or incompatibility of data sets between machines. All claim 19 recites is that the data set required to operate the first food machine is not required to operate the second food machine. Dye discloses that each machine 12 includes an electronic controller that includes a memory for storing a list of operating instructions [column 7, lines 1-6]. The controller can store various types of data in the memory relating to the machine 12, such as data that relates to the operation of the machine 12 [column 7, lines 8-31]. Thus, the memory of each machine stores data relating to that specific machine, including settings of the machine for controlling the operation thereof. Since each machine includes its own controller and operating instructions, each of the machines may operate independently from the other machines using those specific settings, regardless if they are the same type of machine. Thus, the data set required to operate a first machine is not required to operate a second machine, since the second machine will have its own data set used for operation.
Similar arguments have been presented with respect to claim 20 and thus, Applicant’s arguments are not persuasive for similar reasons.
Regarding independent claim 20, Applicant additionally alleges that Dye in view of Moreira da Costa do not teach that “a loss of the data set in the first storage unit of the first food machine is recognized by a control device of the first food machine,” as has been amended to the claim. Examiner has rejected claim 20 under 35 U.S.C. 103 as being unpatentable over Dye (U.S. Patent No. 7,299,103), in view of Moreira da Costa et al (Pub. No. US 2015/0019005), and further in view of Zhou (U.S. Patent No. 11,099,934). Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
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/ALVIN H TAN/Primary Examiner, Art Unit 2118