DETAILED ACTION
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/3/2025 has been entered.
Claims 1-20 remain pending in the application.
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, 3, 5-7, 9-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over by USPGP# 4,757,668 of Klinkel et al. (henceforth Klinkel) in view of USPGP# 20220411991 of Schechter et al. (henceforth Schechter).
Regarding claim 1, Klinkel teaches
a bagger (device in fig. 1) comprising:
a support frame (section of the frame 4 for supporting 59, 60 as shown in fig. 1) comprising two rails (60);
a movable portion (40, 43, 85, 87, 89) comprising a seal system (40, 43) and a gripper system (85, 87, 89), the movable portion attached to the rail of the support frame (see fig. 1);
actuators (58, 59) including a first actuator (58, 59) and the first actuator configured to move the movable portion along the rail of the support frame (c. 7, l. 5-11); and
a roller (frame section for holding 3 as shown in fig. 1) configured to hold a roll of film (3), the roller connected to a portion of the support frame (see fig. 1), wherein
the gripper system includes at least one body (87) that is configured to grip the film (c. 9, l. 7-26, fig. 13), and
the seal system includes a seal bar (40, 43) that is configured to heat seal opposite side faces of the film together, across an entire width of the film, so as to form a first end of a bag (c. 7, l. 44-54).
Klinkel uses a single motor (58) driven rack and pinion (59) and a single rail (60) to move the movable portion. As such, Klinkel does not teach the support frame comprising two rails; the movable portion attached to the two rails of the support frame at opposing ends of the seal system and opposing end of the gripper system; and a second actuator, the first actuator and the second actuator each configured to move the movable portion along a respective rail of the two rails of the support frame, simultaneously in a same direction.
Schechter teaches
A support frame (see frame uprights in annotated fig. 63 for supporting rails various rails) comprising two rails (see annotated fig. 67);
A movable portion (7612a, 7612b), the movable portion attached to the two rails of the support frame (see annotated fig. 67 and para 0179)
actuators (7605a, 7605b, 7609a, 7609b and the belt and wheel assembly as described in para 0179) including a first actuator (7609a, belt and wheel as described in para 0179) and a second actuator (7609b, belt and wheel as described in para 0179), the first actuator and the second actuator each configured to move the movable portion along a respective rail of the two rails of the support frame, simultaneously in a same direction (para 0179, “the blade assembly 7600 may be moved by the X-axis drive motors 7606a, 7606b and Z-axis drive motors 7605a-b analogous to the operations as described herein with respect to the sweep rod 7400” and para 0173 “Under operative control of the at least one controller 7005, the spin drive motors 7407a-b are configured to spin synchronously such that the entire length of the sweep rod 7400 rotates at the same revolution rate.”);
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify a single motor rack and pinion drive system of Klinkel with synchronized dual motor drive system as taught by Schechter in order to reduce the torque on motor which decreases fatigue on the motor and increases the lifespan of the motor. Additionally, since synchronized dual motor drive system supports the movable portion on both sides, it allows the movable portion to move without twisting (Schechter: para 0180). Lastly, because both Klinkel and Schechter teach assemblies for moving a moving portion, it would have been obvious to one skilled in the art to substitute one assembly (single motor rack and pinion) for the other (dual motor pulley system) to achieve the predictable result of reliably moving the movable portion. KSR Int’l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
The combination of Klinkel and Schechter teaches the movable portion attached to the two rails of the support frame at opposing ends of the seal system and opposing end of the gripper system (Klinkel teaches both the seal system (40, 43) and the gripper system (85, 87, 89) is attached to the movable portion. Schechter teaches a movable portion (7612a, 7612b) that is attached to two rails (see annotated fig. 67) of a support frame (see annotated fig. 63) at opposite ends of the movable portion 7612a/b. In the combination of Klinkel and Schechter, the two rails of Schechter will support the movable portion of Klinkel at the opposing ends and since the movable portion of Klinkel is comprises both the seal and gripper system, the opposing ends of the both the seal and gripper system will also be supported by rails).
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Regarding claim 3, as shown in claim 1, the combination of Klinkel and Schechter teaches
a cutting device (72, 74) comprising an actuator (74) and a knife (72), the actuator configured to cause the knife to separate the bag from another portion of the film by cutting the film (c. 9, l. 26-28).
Regarding claim 5, as shown in claim 1, the combination of Klinkel and Schechter teaches
a first motor (Schechter: 7605a) and a second motor (Schechter: 7605b) wherein the first actuator comprises a first pulley system (Schechter: 7609a) comprising a belt (Schechter: belt of 7609a as described in para 0179) and a wheel (Schechter: sprocket of 7609a as described in para 0179) on which the belt of the first pulley system is provided (Schechter: see fig. 67), the second actuator comprises a second pulley system (Schechter: 7609b) comprising a belt (Schechter: belt of 7609b as described in para 0179) and a wheel (Schechter: sprocket of 7609b as described in para 0179) on which the belt of the second pulley system is provided (Schechter: see fig. 67), the first motor is configured to move the belt of the first pulley system (Schechter: para 0179), wherein the second motor is configured to move the belt of the second pulley system (Schechter: para 0179) and a movable portion (Schechter: 7600) is configured to move with the belt of the first pulley system and with the belt of the second pulley system (Schechter: para 0179).
Regarding claim 6, as shown in claim 3, the combination of Klinkel and Schechter teaches
a controller (Klinkel: device shown in fig. 10) comprising at least one processor (Klinkel: 90) and memory (Klinkel: inherent in order to store and execute the operations of the control circuitry), the controller configured to:
control the gripper system to move a predetermined amount along the two rails in a first direction (Klinkel: downward, as described in c. 9, l. 14-35) to a first position while gripping the film (Klinkel: downward most as shown in fig. 13);
control the gripper system, after the gripper system reaches the first position, to ungrip the film (Klinkel: c. 9, l. 36-43, fig. 11) and move to a second position (Klinkel: upmost position) in a second direction (Klinkel: upward), opposite to the first direction (Klinkel: upward, c. 9, l. 36-43);
control the gripper system, after the gripper system reaches the second position, to grip the film and tension the film (Klinkel: c. 9, l. 3-26);
control the seal system, while the film is tensioned by the gripper system, to seal a portion of the film (Klinkel: c. 9, l. 3-35), the portion of the film corresponding to the first end of the bag (Klinkel: c. 9, l. 3-35); and
control the cutting device to separate the bag from the another portion of the film (Klinkel: c. 9, l. 3-35).
Regarding claim 7, as shown in claim 6, the combination of Klinkel and Schechter teaches
an additional gripper system (Klinkel: 25, 40’) comprising at least one body (Klinkel: 25) that is configured to grip the film, wherein the additional gripper system is attached to the support frame above the gripper system (Klinkel: see fig. 2), and wherein the controller is configured to cause the gripper system to tension the film by controlling the additional gripper system to grip the film and controlling the gripper system to move away from the additional gripper system while the gripper system is gripping the film (Klinkel: c. 6, l. 42-54 and c. 9, l. 3-35).
Regarding claim 9, as shown in claim 1, the combination of Klinkel and Schechter teaches
wherein the seal system and the gripper system are configured to move together along the two rails of the support frame (Klinkel: c. 8, l. 40-47).
Regarding claim 10, as shown in claim 3, the combination of Klinkel and Schechter teaches
wherein the seal system, the cutting device, and the gripper system are configured to move together along the two rails of the support frame (Klinkel: c. 8, l. 40-47).
Regarding claim 11, Klinkel teaches
a method of forming a bag (54) from a film (3) by using a bagger (device in fig. 1), the method comprising:
controlling a gripper system (85, 87, 89) of the bagger to move a predetermined amount along the rail of the bagger in a first direction (downward as described in c. 9, l. 14-35) to a first position (downward position as shown in fig. 12) while gripping the film;
controlling the gripper system, after the gripper system reaches the first position, to ungrip the film in an unsealed state (c. 9, l. 36-43, at least the top of the film is unsealed as shown in fig. 11) and move to a second position (middle position while moving upwards position) in a second direction (upward, c. 9, l. 36-43), opposite to the first direction;
controlling the gripper system, after the gripper system reaches the second position, to grip the film and tension the film (c. 9, l. 3-26);
controlling a sealing device of the bagger, while the film is tensioned by the gripper system, to seal a portion of the film across an entire width of the film (c. 9, l. 3-35), the portion of the film corresponding to a first end of the bag (c. 9, l. 3-35); and
controlling a cutting device (72, 74) of the bagger to separate the bag from another portion of the film (c. 9, l. 3-35).
Klinkel uses a single motor (58) driven rack and pinion (59) and a single rail (60) to move the movable portion. As such, Klinkel does not teach controlling the gripper system of the bagger to move a predetermined amount along two rails of the bagger.
Schechter teaches
A movement assembly (7605a, 7605b, 7609a, 7609b and the belt and wheel assembly as described in para 0179) comprising two rails (see annotated fig. 67) and actuators (7605a, 7605b, 7609a, 7609b and the belt and wheel assembly as described in para 0179) for moving a movable portion () along said rails.
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify a single motor rack and pinion drive system of Klinkel with synchronized dual motor drive system as taught by Schechter in order to reduce the torque on motor which decreases fatigue on the motor and increases the lifespan of the motor. Additionally, since synchronized dual motor drive system supports the movable portion on both sides, it allows the movable portion to move without twisting (Schechter: para 0180). Lastly, because both Klinkel and Schechter teach assemblies for moving a moving portion, it would have been obvious to one skilled in the art to substitute one assembly (single motor rack and pinion) for the other (dual motor pulley system) to achieve the predictable result of reliably moving the movable portion. KSR Int’l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Regarding claim 12, as shown in claim 11, the combination of Klinkel and Schechter teaches
wherein the sealing device and the gripper system are configured to move together along rails of the bagger (Klinkel: c. 8, l. 40-47).
Regarding claim 13, as shown in claim 11, the combination of Klinkel and Schechter teaches
the sealing device, the cutting device, and the gripper system are configured to move together along rails of the bagger (Klinkel: c. 8, l. 40-47).
Regarding claim 14, as shown in claim 11, the combination of Klinkel and Schechter teaches
controlling, after the bag is separated from the another portion of the film, the gripper system to move to a third position (Klinkel: upmost position, fig. 11, c. 9, l. 3-26) corresponding to a first end of another bag to be formed (Klinkel: c. 9, l. 3-26).
Regarding claim 15, as shown in claim 14, the combination of Klinkel and Schechter teaches
wherein the bagger includes an additional gripper system (Klinkel: 25, 40’) including at least one body (Klinkel: 25) that is configured to grip the film (Klinkel: 25, see fig. 2), and the gripper system is controlled to move to the third position while the gripper system is not gripping the film (Klinkel: c. 9, l. 36-43) and the additional gripper system is gripping the film (Klinkel: c. 9, l. 36-43, rollers 25 continually grip the film during operation. see fig. 2).
Regarding claim 16, as shown in claim 14, the combination of Klinkel and Schechter teaches
controlling the gripper system to move, from the third position, to a fourth position (Klinkel: fig. 13) while the gripper system is gripping the film, and controlling the sealing device to seal the film to form the first end of the another bag while the gripper system is moving to the fourth position (Klinkel: c. 9, l. 3-35).
Regarding claim 17, as shown in claim 16, the combination of Klinkel and Schechter teaches
controlling, after the gripper system reaches the fourth position, the cutting device of the bagger to separate the another bag from an additional portion of the film (Klinkel: c. 9, l. 3-35).
Regarding claim 19, as shown in claim 11, the combination of Klinkel and Schechter teaches
wherein the bagger includes an additional gripper system (Klinkel: 25, 40’) including at least one body (Klinkel: 25, 40’) that is configured to grip the film (Klinkel: see fig. 2), and the gripper system, after reaching the second position, tensions the film by moving away from the additional gripper system while both the gripper system and the additional gripper system grip the film (Klinkel: c. 9, l. 3-43, rollers 25 continually grip the film during operation. see fig. 2).
Claims 4, 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Klinkel and Schechter, and further in view of USP# 4,729,210 of Galliano (henceforth Galliano).
Regarding claim 4, as shown in claim 3, the combination of Klinkel and Schechter does not teach
a bag chute configured to receive the bag after the bag is separated from the another portion of the film by the knife.
Galliano teaches
a bagger (device in fig. 1) comprising:
a support frame (2, 41, 42) comprising two rails (41, 42);
a movable portion (20, 30) comprising a seal system (59) and a gripper system (57, 58), the movable portion attached to the two rails of the support frame (see fig. 2);
actuators (43, 44) including a first actuator (43) and a second actuator (44), the first actuator and the second actuator each configured to move the movable portion along a respective rail of the two rails of the support frame, simultaneously (c. 3 l. 55-59 and c.4, l. 35-43); and
a roller (5) configured to hold a roll of film (4), the roller connected to a portion of the support frame (see fig. 1), wherein
the gripper system includes at least one body (57, 58) that is configured to grip the film (c. 3, l. 4 and l. 60), and
the seal system includes a seal bar (59) that is configured to heat seal opposite side faces of the film together across an entire width of the film so as to form a first end of a bag (c. 4, l. 5-21);
a cutting device (62, 63, 64) comprising an actuator (63, 64) and a knife (62), the actuator configured to cause the knife to separate the bag from another portion of the film by cutting the film (c. 4, l. 5-34);
a bag chute (7) configured to receive the bag after the bag is separated from the another portion of the film by the knife (c. 5, l. 37-46).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the combination of Klinkel and Schechter with the addition of a bag chute as taught by Galliano in order to prevent damage to the bagged item and to allow for controlled discharge from the bagger.
Regarding claim 8, as shown in claim 6, the combination of Klinkel and Schechter does not teach
a scanner comprising a sensor, the scanner configured to obtain a length of a product to be inserted into the bag, wherein the bagger is configured to obtain the length of the product from the scanner and the controller of the bagger is configured to cause the bagger to form the bag based on the length.
Galliano teaches
a bagger (device in fig. 1) comprising:
a support frame (2, 41, 42) comprising two rails (41, 42);
a movable portion (20, 30) comprising a seal system (59) and a gripper system (57, 58), the movable portion attached to the two rails of the support frame (see fig. 2);
actuators (43, 44) including a first actuator (43) and a second actuator (44), the first actuator and the second actuator each configured to move the movable portion along a respective rail of the two rails of the support frame, simultaneously (c. 3 l. 55-59 and c.4, l. 35-43); and
a roller (5) configured to hold a roll of film (4), the roller connected to a portion of the support frame (see fig. 1), wherein
the gripper system includes at least one body (57, 58) that is configured to grip the film (c. 3, l. 4 and l. 60), and
the seal system includes a seal bar (59) that is configured to heat seal opposite side faces of the film together across an entire width of the film so as to form a first end of a bag (c. 4, l. 5-21);
a cutting device (62, 63, 64) comprising an actuator (63, 64) and a knife (62), the actuator configured to cause the knife to separate the bag from another portion of the film by cutting the film (c. 4, l. 5-34);
a scanner (19) comprising a sensor (19), the scanner configured to obtain a length of a product (16) to be inserted into the bag (c. 5, l. 20-26), wherein the bagger is configured to obtain the length of the product from the scanner and the controller of the bagger is configured to cause the bagger to form the bag based on the length (c. 5, l. 20-26).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the combination of Klinkel and Schechter with the addition of a scanner and sensor in to obtain different sized bags as taught by Galliano in order to minimize film usage while also allowing packaging of different sized items (Galliano: c. 2, l. 6-16). This makes the bagger more flexible.
Regarding claim 18, as shown in claim 11, the combination of Klinkel and Schechter does not teach
wherein the first position is predetermined based on information indicating a length of a product obtained from a scanner.
Galliano teaches
a method of forming a bag (Galliano: 11) from a film (Galliano: 6) by using a bagger (Galliano: device in fig. 1), the method comprising:
controlling a gripper system (Galliano: 57, 58) of the bagger to move a predetermined amount along two rails (Galliano: 41, 42) of the bagger in a first direction to a first position while gripping the film (Galliano: downward movement of gripper A in fig. 4) by a predetermined length of the bag, c. 5, l. 20-26);
controlling the gripper system, after the gripper system reaches the first position, to ungrip the film in an unsealed state and move to a second position in a second direction, opposite to the first direction (Galliano: upward movement of gripper A in figs. 4-6 after formation of the bag and after the grippers have opened);
controlling the gripper system, after the gripper system reaches the second position, to grip the film and tension the film (Galliano: gripper A in fig. 4 during formation of the upper seal holds the film in tension);
controlling a sealing device (Galliano: 59) of the bagger, while the film is tensioned by the gripper system, to seal a portion of the film across an entire width of the film (Galliano: c. 4, l. 5-21), the portion of the film corresponding to a first end of the bag (Galliano: gripper A in fig. 4 during formation of the upper seal); and
controlling a cutting device (Galliano: 62) of the bagger to separate the bag from another portion of the film (Galliano: c. 4, l. 22-34 and c. 5, l. 20-26).
wherein the first position is predetermined based on information indicating a length of a product obtained from a scanner (c. 5, l. 20-26).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the method of the combination of Klinkel and Schechter with the addition of a scanner to determine the length of the product to be packaged as taught by Galliano in order to minimize film usage while also allowing packaging of different sized items (Galliano: c. 2, l. 6-16). This makes the bagger more flexible.
Claims 2 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Klinkel and Schechter, and further in view of USP# 4,698,951 of Everman et al. (henceforth Everman).
Regarding claim 2, as shown in claim 1, the combination of Klinkel and Schechter does not teach
the bagger further comprising two vacuum bars that are each configured to grip a respective side face of the opposite side faces of the film such that a portion of the film, corresponding to a second end of the bag, is opened.
Everman teaches
a similar bagger (Everman: fig. 1) comprising:
a support frame (Everman: 10);
a movable portion (Everman: 70, CM, CA) comprising a seal system (Everman: 70) and a gripper system (Everman: CM);
a roller (Everman: roller on which FS is mounter) configured to hold a roll of film (Everman: FS), the roller connected to a portion of the support frame (Everman: see figs. 1-2),
wherein the gripper system includes at least one body (Everman: CM, CA) that is configured to grip the film (Everman: c. 2, l. 48-55), and the seal system includes a seal bar (Everman: 70) that is configured to heat seal opposite side faces of the film together so as to form a first end of a bag (Everman: c. 4, l. 33-41); and
two vacuum bars (Everman: VCBA) that are each configured to grip a respective side face of the opposite side faces of the film such that a portion of the film, corresponding to a second end of the bag, is opened (Everman: c. 3, l. 3-29 and see figs. 2-3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the film opening mechanism of the bagger of the combination of Klinkel and Schechter with vacuum bars opening system of Everman in order to reliably open the bag before an object is placed in it (Everman: c. 2, l. 9-16).
Regarding claim 20, as shown in claim 11, the combination of Klinkel and Schechter does not teach
wherein the bagger includes vacuum bars that are each configured to grip a respective side face of opposite side faces of the film, and the method further comprises controlling, after the portion of the film corresponding to the first end of the bag is sealed, the vacuum bars to open a second end of the bag.
Everman teaches
a similar method of forming a bag using a bagger (Everman: fig. 1) comprising:
a support frame (Everman: 10);
a movable portion (Everman: 70, CM, CA) comprising a seal system (Everman: 70) and a gripper system (Everman: CM);
a roller (Everman: roller on which FS is mounter) configured to hold a roll of film (Everman: FS), the roller connected to a portion of the support frame (Everman: see figs. 1-2),
wherein the gripper system includes at least one body (Everman: CM, CA) that is configured to grip the film (Everman: c. 2, l. 48-55), and the seal system includes a seal bar (Everman: 70) that is configured to heat seal opposite side faces of the film together so as to form a first end of a bag (Everman: c. 4, l. 33-41); and
two vacuum bars (Everman: VCBA) that are each configured to grip a respective side face of the opposite side faces of the film such that a portion of the film, and after the portion of the film corresponding to the first end of the bag is sealed, the vacuum bars open a second end of the bag (Everman: c. 3, l. 3-29, c. 4, l. 9-17 and see figs. 2-3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the film opening method of the bagger of the combination of Klinkel and Schechter with vacuum bars opening method of Everman in order to reliably open the bag before an object is placed in it (Everman: c. 2, l. 9-16).
Response to Arguments
Applicant’s arguments filed on 12/3/2025 have been fully considered:
Applicant’s arguments regarding claims 1 and 11, have been fully considered but are not persuasive.
Regarding claim 1, Applicant contends that the combination of Klinkel and Schechter does not teach connecting/supporting the seal and gripper system at opposing ends using two rails.
Klinkel teaches the seal (40, 43) and gripper system (85, 87, 89) are part of the movable portion (assembly of 40, 43, 85, 87, 89). Schechter teaches supporting opposing ends of a movable portion 7612a/b using two rails (see annotated fig. 67). Therefore, in the combination of Klinkel and Schechter, the opposing ends of the seal and gripper system of Klinkel (which comprises the movable portion) will be supported by the two rails of Schechter.
Regarding claim 11, Applicant states “when the jaws 40 and the stripper plate 87 release the tube 20 to be raised upwards, the tube 20 is in a sealed state” and therefore, Klinkel does not teach “after the gripper system reaches the first position, to ungrip the film in an unsealed state”.
Klinkel teaches “The seal jaws 40, 53, and with them the stripper plates 87, are opened after the knife 74 has severed the bag 54 from the upper, still open bag portion, and the entire system 56, together with the jaws 40, 43 and the stripper plates 87, is raised upwardly” (see c, 9, 36-40). As such, at least the top of the film is an unsealed state.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731