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 .
Response to Amendment
Receipt is acknowledged of an amendment, filed 07 August 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-17 and 19-20 are pending.
Claims 1, 12, and 14-17 are amended.
Claim 18 is canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 07 August 2025.
Election/Restrictions
Claims 1-11 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03 June 2024.
Claim Objections
Claims 15 and 20 are objected to because of the following informalities:
Claim 15 recites the limitation “outer closing surfaces”, while claim 13 also recites an outer closing surface of the upper tool and claim 14 recites an outer closing surface of the lower tool. It is suggested that “the” be inserted before “outer” in line 3 of claim 15.
Claim 20 recites the limitation "the active surface of the lower tool" in line 5. There is insufficient antecedent basis for this limitation in the claim. It appears that claim 20 should depend from claim 14.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 12-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Palumbo et al. (US Patent Publ. No. 2017/0029146) in view of Ferri et al. (US Patent Publ. No. 2005/0126941).
With respect to claim 12, Palumbo et al. disclose an apparatus (fig. 18) comprising: a packaging assembly having an upper tool and a lower tool (upper tool 21 and lower tool 22, fig. 19); a top film supply assembly configured to supply a top film to the packaging assembly (film supplying assembly 5 for supplying a film 10a, fig. 19); a bottom support supply assembly configured to supply a bottom support to the packaging assembly (transport assembly 3 for displacing the support or tray 4, fig. 18); and a control unit communicatively coupled to the packaging assembly and configured to control operation of the packaging assembly (control unit 100 for controlling components of apparatus, fig. 18, [0371]); wherein the upper tool and the lower tool are movable relative to one another between: at least one open condition, where the upper tool and the lower tool define an open chamber, wherein, during the open condition, the upper and lower tool are configured to allow access into the open chamber of a portion of the bottom support, of a product positioned on the portion of the bottom support, and of a portion of the top film (open position of upper tool 21 and lower tool 22 allows access of the tray 4, product P, and film 10a, fig. 19), and at least one closed condition, where the upper tool and the lower tool are proximate to each other and delimit a closed chamber (closed position of upper tool 21 and lower tool 22 forming a closed chamber 24, figs. 25-27, [0335]); further wherein the control unit is configured to command the packaging assembly to: position in the open condition and allow access into the open chamber for the portion of the bottom support, the product on the portion of the bottom support, and the portion of the top film (open position, figs. 19-24), position in the closed condition to house the portion of the bottom support, the product, and the portion of the top film inside the closed chamber (closed position, figs. 25-28), seal the portion of the bottom support to the portion of the top film along a sealing band circumscribing the product to sealingly house the product in a volume between the portion of the top film and the portion of the bottom support (film 10a is bonded to tray rim 4c, fig. 27, [0347]), and while the packaging assembly is in the closed position, maintain the portion of the top film and the portion of the bottom support in the closed chamber separate at a distance from each other (while in the closed position, film 10a and tray 4 in the closed chamber are separate at a distance from each other, fig. 25). Palumbo et al. disclose while the packaging assembly is in the closed position, and before sealing the film 10a and the tray 4, maintaining the film 10a and the tray 4 in the closed chamber separate at a distance from each other (fig. 26).
Palumbo et al. fail to disclose forming a hollow structure by sealing a part of the portion of the top film to a part of the portion of the bottom support, and while the packaging assembly is in the closed position and before forming the hollow structure, maintain the portion of the top film and the portion of the bottom support in the closed chamber separate at a distance from each other.
Ferri et al. disclose, in a similar packaging apparatus, an upper tool and a lower tool movable from an open position (fig. 10) to a closed position (figs. 11-13), in the closed position sealing the bottom support and the film (fig. 12), forming a hollow structure by sealing a part of the portion of the top film to a part of the portion of the bottom support (hollow frame 14, figs. 1, 13), and while the packaging assembly is in the closed position and before forming the hollow structure (fig. 12), maintain the portion of the top film and the portion of the bottom support in the closed chamber separate at a distance from each other (parts of the portion of the top film 38 and parts of the portion of the bottom support 40 in the closed chamber are maintained separate at a distance from each other, fig. 12). Ferri et al. disclose that inner seal bar 56 and seal anvil 60 move together to define “frame volume 73 between the lid and base webs” ([0092], fig. 12), and thus at least some part of the portion of the top film and at least some part of the portion of the bottom support in the closed chamber are maintained separate at a distance from each other.
It 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 to modify the Palumbo et al. device to include operating the control system to form a hollow structure by sealing a part of the portion of the top film to a part of the portion of the bottom support, and while the packaging assembly is in the closed position and before forming the hollow structure, maintain the portion of the top film and the portion of the bottom support in the closed chamber separate at a distance from each other, as suggested by Ferri et al., to provide a package to further protect the contents.
With respect to claim 13, Palumbo et al. disclose the upper tool comprises an active surface (active surface 37, fig. 19), wherein the active surface of the upper tool is configured to face the portion of the top film receivable inside the closed chamber during the open condition (film 10a faces active surface 37), and wherein the upper tool further comprises an outer closing surface surrounding the active surface of the same upper tool (surfaces 121, 95 surround the active surface 37).
With respect to claim 14, Palumbo et al. disclose the lower tool comprises an active surface (platen on which tray 4 rests, fig. 19), wherein the active surface of the lower tool is configured to face the portion of the bottom support receivable inside the closed chamber during the closed condition (tray 4 faces the platen), wherein the lower tool further comprises an outer closing surface surrounding the active surface of the same lower tool (seats 23, closure surface 35, figs. 2, 15).
With respect to claim 15, Palumbo et al. disclose during the open condition: outer closing surfaces of the upper tool and lower tool are spaced from each other (surfaces 95 and 35 are spaced from each other, fig. 19), and the active surfaces respectively of the upper tool and lower tool are spaced from each other (surface 37 and the platen are spaced from each other, fig. 19); during the closed condition, the active surfaces of the upper and lower tools are still spaced from each other (fig. 27) while the outer closing surfaces are proximate to each other (surfaces 95 and 35 are nearer to each other in the closed position than in the open position, figs. 19, 27); and during the closed condition, the active surfaces of the upper tool and the lower tool are configured to maintain the portions of the bottom support and of the top film separated (fig. 27).
With respect to claim 16, Palumbo et al. disclose the active surface of the upper tool comprises first holes (suction apertures 39) in fluid communication with a suction source (vacuum source 41), and wherein the suction source is configured to withdraw gas from the first holes to allow the portion of the top film to adhere the active surface of the upper tool (fig. 24).
With respect to claim 17, Palumbo et al. disclose the active surface of the lower tool comprises second holes (pipes 29) in fluid communication with a suction source (vacuum pump 28); and the suction source is configured to withdraw gas from the second holes to allow the portion of the bottom support to adhere the active surface of the lower tool (fig. 25).
With respect to claim 19, Palumbo et al. disclose the control unit is configured to: command the upper and lower tools to be in the closed condition (fig. 25); and during the closed condition, command the suction source to withdraw gas from the first and second holes in order to separate the portion of the top film and the portion of the bottom support by adhering the portion of the top film to the active surface of the upper tool and by adhering the portion of the bottom support to the active surface of the lower tool (gas is withdrawn through apertures 39 and through pipes 29 to adhere film 10a to the surface 37 and the tray 4 to the platen, fig. 25).
With respect to claim 20, Palumbo et al. disclose the upper tool and the lower tool are relatively movable to the other between: the closed condition (fig. 25); and a sealing condition where part of the active surface of the upper tool is proximate to part of the active surface of the lower tool to contact and seal the portions of the bottom support and of the top film received in the closed chamber to each other (surfaces 95 and 35 are nearer to each other in the closed position than in the open position, figs. 19, 27).
Response to Arguments
Applicant’s arguments with respect to the objection to claim 17 and the rejection of claim 17 under 35 U.S.C. 112(b) have been fully considered and are persuasive. The objection and rejection are hereby withdrawn.
With respect to the rejection of claim 12 under 35 U.S.C. 103 over Palumbo et al. in view of Ferri et al., applicant’s arguments have been fully considered but they are not persuasive.
Applicant argues that Ferri et al. disclose that the portion of the lid web 38 and the portion of the base web 40 are in contact with each other anytime that the seal chamber 48 is closed. Applicant argues that Ferri et al. disclose four locations at which the lid web and the base web are in contact with each other inside the chamber, and that therefore Ferri et al. fail to disclose “maintaining the portion of the top film and the portion of the bottom support in the closed chamber separate at a distance from each other”.
In response, Ferri et al. disclose forming a hollow structure by sealing a part of the portion of the top film to a part of the portion of the bottom support (hollow frame 14, figs. 1, 13), and while the packaging assembly is in the closed position and before forming the hollow structure (fig. 12), maintain the portion of the top film and the portion of the bottom support in the closed chamber separate at a distance from each other (parts of the portion of the top film 38 and parts of the portion of the bottom support 40 in the closed chamber are maintained separate at a distance from each other, fig. 12). Ferri et al. disclose that inner seal bar 56 and seal anvil 60 move together to define “frame volume 73 between the lid and base webs” ([0092], fig. 12), and thus at least some part of the portion of the top film and at least some part of the portion of the bottom support in the closed chamber are maintained separate at a distance from each other. Further, “next, an inflation gas is introduced into the frame volume 73” ([0093], and subsequently the films are further sealed to form the frame ([0095]). Accordingly, the parts of the films webs that comprise the frame volume 73 are maintained in the closed chamber separate at a distance from each other. The claim neither recites nor requires any particular segments of the film and bottom support to be separate at a distance from each other.
Accordingly, in view of all of the above, the rejection of claim 12 under 35 U.S.C. 103 over Palumbo et al. in view of Ferri et al. is still considered proper.
Applicant has provided no arguments pointing out errors with respect to the rejections of dependent claims 13-17 and 19-20, and these rejections are still deemed proper.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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