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 .
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.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites: “Plant for laser” in line 1 which should read: “A plant for laser”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the machine controller" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-6, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prat (EP 2881212 A1) in view of Phillips et al. (US 2004/0250947 A1) hereinafter Phillips.
Regarding claim 1, Prat teaches a plant for scoring and the plant comprising:
a plurality of rollers (10, 11) defining a guiding line (Fig. 1, para. 0023) which supports and conveys a web (F) (Fig. 1; paras. 0024-0025) from an un-wider station (through unwinding device 1) (Fig. 1; para. 0020) along a conveyance path towards a slitter-rewinder station (through rewinder device 3; para. 0022, Fig. 1) configured to rewind and/or slit the web;
a laser station (2) included a guided path portion through which the conveyance can be routed (Fig. 1; paras. 0023-0025), the laser station comprising a laser unit (laser perforator 8) (Fig. 1; paras. 0023-0025) configured to create weakening lines on the web with a certain contour by scoring the web when passing through the guided path portion (Fig. 1; para. 0033);
a labelling station including an additional guided path portion through which a portion of the conveyance path can be routed, the labelling station including at least a labelling unit (Fig. 1; para. 0031-0032);
the guiding line is adjustable to define the conveyance path as a first conveyance path passing firstly through the guided path portion of the laser station (2) and then through the additional guided path portion of the labelling station (an application station performing printing, lacquering or laminating operations; para. 0031) or the other way around as a second conveyance path passing firstly through the additional path portion of the labelling station (para. 0031) and then through the guided path portion of the laser station, or to pass as a third conveyance path passing only through the guided portion of the laser station skipping the labelling station (paras. 0031-0032).
Prat fails to teach attach a resealable label in the target zones of the web when passing through the additional guided path portion.
However, Phillips discloses a plant for laser scoring a plurality of rollers (paras. 0059, Figs. 1-2A). Phillips further teaches attaching a resealable label (4) in the target zones of the web with at least one labelling unit of a labelling station if the target zone of the web passes through the additional guided path portion of the conveyance path included in the labelling station, when passing therethrough (Figs. 1-2A; para. 0098).
I would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Prat by attaching the resealable label in the target zones as taught by Phillips as all claimed parts were known and would have yielded none but an expected result; namely attaching the resealable label in the target zones.
Regarding claim 3, Prat as modified by Phillips teaches all the claimed limitations as stated above in claim 1. Prat as modified by Phillips further teaches the machine controller (an electronic control device; see para. 0010) is configured to determine laser scoring adjustment parameters to be applied by the at least one laser unit considering the adjustment applied to the guiding line defining the first, second or third conveyance path, and configured to actuate the at least one laser unit implementing the laser scoring adjustment parameters (Figs. 1, paras. 0010-0013).
Regarding claim 4, Prat as modified by Phillips teaches all the claimed limitations as stated above in claim 1. Prat as modified by Phillips further teaches wherein the web includes a printing pattern on the target zones, and the label is applied in exact correspondence with the printing pattern of the target zones (Fig. 1; para. 0031-0032 and Phillips, Figs. 1-2A; para. 0098).
Regarding claim 5, Prat as modified by Phillips teaches all the claimed limitations as stated above in claim 1. Prat as modified by Phillips further teaches the labelling station is configured to apply several labels at different distances from a lateral edge of the web, wherein the slitter-rewinder station is configured to slit the web in several parallel strips by cutting the web at different distances from the lateral edge thereof, each strip including at least one label (Fig. 1; para. 0031-0032).
Regarding claim 6, Prat teaches a method for laser scoring a web material, the method comprising:
adjusting a guiding line with rollers (10, 11) (Fig. 1, para. 0023) of a laser scoring plant to define a conveyance path as a first conveyance path (Fig. 1) passing firstly through a guided path portion of a laser station (2) (Fig. 1; paras. 0023-0025) and then through an additional guided path portion of a labelling station, or as a second conveyance path passing firstly through the additional path portion of the labelling station (Fig. 1; para. 0031) and then through the guided path portion of the laser station, or as a third conveyance path passing only through the guided path portion of the laser station skipping the labelling station (Fig. 1; para. 0031-0032);
conveying a web (F) of flexible material following the first, second or third conveyance path defined by the guiding line (Fig. 1; paras. 0024-0025);
creating weakened lines with a certain contour in target zones of the web by scoring the web with at least one laser unit of the laser station (2) when the target zones of the web passes through the guided portion of the conveyance path included in the laser station (paras. 0033);
rewinding the web by a slitter-rewinder station (through rewinder device 3; para. 0022, Fig. 1).
Prat fails to teach
attaching a resealable label in the target zones of the web with at least one labelling unit of a labelling station if the target zone of the web passes through the additional guided path portion of the conveyance path included in the labelling station, when passing therethrough.
However, Phillips discloses a plant for laser scoring a plurality of rollers (paras. 0059, Figs. 1-2A). Phillips further teaches attaching a resealable label (4) in the target zones of the web with at least one labelling unit of a labelling station if the target zone of the web passes through the additional guided path portion of the conveyance path included in the labelling station, when passing therethrough (Figs. 1-2A; para. 0098).
I would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Prat by attaching the resealable label in the target zones as taught by Phillips as all claimed parts were known and would have yielded none but an expected result; namely attaching the resealable label in the target zones.
Regarding claim 8, Prat as modified by Phillips teaches all the claimed limitations as stated above in claim 6. Prat as modified by Phillips further teaches determining laser scoring adjustment parameters to be applied by the at least one laser unit considering the adjustment applied to the guiding line defining the first, second or third conveyance path, and actuating the at least one laser unit implementing the laser scoring adjustment parameters (Prat, Fig. 1; para. 0031).
Regarding claim 9, Prat as modified by Phillips teaches all the claimed limitations as stated above in claim 6. Prat as modified by Phillips further teaches the web includes a printing pattern in exact correspondence with the target zones and the label is applied in exact correspondence with the target zones (Prat, Fig. 1, para. 0031).
Allowable Subject Matter
Claims 2 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2016/0083133 A1 discloses a label preparing device using laser cutting.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAXIME M ADJAGBE whose telephone number is (571)272-4920. The examiner can normally be reached M-F: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL E WIEHE can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAXIME M ADJAGBE/ Examiner, Art Unit 3745
/NATHANIEL E WIEHE/ Supervisory Patent Examiner, Art Unit 3745