DETAILED ACTION
Response to Amendments
The amendment filed on 11/13/2025 has been entered.
Claims 1-8, 15-18, 22 remain pending in the application.
Allowable Subject Matter
Claims 1-8 and 15 are allowed.
Regarding claim 1, the prior art of record, in combination with other limitations of the claim, is silent on “wherein, during pivoting by the two pivoting arms (11, 12), the clamping devices (14,15) move relative to the two pivoting arms”. USPGP 20230057030 of Lazzarin teaches a device (4, 6, R) for producing finished packaging units (10) formed from at least two articles (2, G) combined by at least one strap (R), comprising: a strapping device (4) comprising - a handling device (20, 21, 22, 23, 24) with two pivoting arms (20 on each side in fig. 2) which can be adjusted relative to each other (para 0042) and wherein each of the two pivoting arms is equipped with clamping devices (26) for fixing two belt ends (para 0041, 0058, see figs. 3-4) of a strapping belt (R) in a clamped manner (para 0058), wherein a distance between the clamping devices in an open state of the pivoting arms corresponds substantially to a length of the strapping belt or strapping blank clamped by the clamping devices (see fig. 3), wherein the two pivoting arms are adapted to surround an article group (2, G) for the purpose of strapping same by pivoting the first pivoting arm and the second pivoting arm (para 0042), and wherein the two pivoting arms pivot and fold to produce an overlapping arrangement of the two belt ends (see overlapping of R at 39 in figs. 3-4) when the two pivoting arms are in a closed state, and to be temporarily connected to one another in the closed state to facilitate pretensioning of the strapping belt (fig. 3, para 0053) and a fixing device (23) for connecting the two belt ends of the strapping belt or the strapping blank (para 0041, 0065). Since in Lazzarin the clamping devices (26) are mounted on the pivoting arms (20), it fails to teach the clamping devices move relative to the two pivoting arms during pivoting. Furthermore, it would not have been obvious to one of ordinary skill in the art to add/modify such a configuration without significant changes to the design of Lazzarin. Therefore, the prior art, taken alone or in combination, fails to read on the present claims.
Claims 2-8 and 15 are allowed for depending on one of the above allowed claims.
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over USPGP# 20230057030 of Lazzarin et al. (henceforth Lazzarin).
Regarding claim 16, as shown in claim , Lazzarin teaches
A device (4, 6, R) for producing finished packaging units (10) formed from at least two articles (2, G) combined by at least one strap (R), comprising:
a strapping device (4), the strapping device comprising:
- a handling device (20, 21, 22, 23, 24) with a base (19) and two pivoting arms (20 on each side in fig. 2), which can be adjusted relative to each other (para 0042), and wherein each of the two pivoting arms is equipped with clamping devices (26) for fixing two belt ends (para 0041, 0058, see figs. 3-4) of a strapping belt or a strapping blank (R) in a clamped manner (para 0058, Examiner has interpreted “clamp” as “Any of various devices used to join, grip, support, or compress mechanical or structural parts”. See https://www.ahdictionary.com/word/search.html?q=clamp accessed 10/3/2024),
and
- a fixing device (23) for connecting the two belt ends of the strapping belt or the strapping blank to form a finished packaging unit (para 0041, 0065).
Lazzarin does not explicitly teach
wherein the base and the two pivoting arms each have variable lengths to facilitate use of differing belt lengths or use with differing article groups.
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to make the base and the two pivoting arms each have variable lengths, since it has been held that the provision of adjustability, where needed, involves routine skill in the art . In re Stevens, 101 USPQ 284 (CCPA 1954).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over USPGP# 20110073511 of Perl et al. (henceforth Perl) in view of Lazzarin.
Regarding claim 17, Perl teaches
A device for producing finished packaging units (30, 101, 102) formed from at least two articles (14) combined by at least one strap (30), comprising: a strapping device (101, 102) and wherein the article group comprises at least two identical articles (14, fig. 5).
Perl does not provide details of the strapping device and therefore is silent on
the strapping device (4) comprising: - a handling device (10) with two pivoting arms (11, 12), which can be adjusted relative to each other, and wherein each of the two pivoting arms (11, 12) is equipped with clamping devices (14, 15) for fixing two belt ends (27) of a strapping belt (26) or a strapping blank (28) in a clamped manner, and- a fixing device (18) for connecting the two belt ends (27) of the strapping belt (26) or the strapping blank (28) to form a finished packaging unit (30).
Lazzarin teaches
A device (4, 6, R) for producing finished packaging units (10) formed from at least two articles (2, G) combined by at least one strap (R), comprising:
a strapping device (4), the strapping device comprising:
- a handling device (20, 21, 22, 23, 24) with two pivoting arms (20 on each side in fig. 2), which can be adjusted relative to each other (para 0042), and wherein each of the two pivoting arms is equipped with clamping devices (26) for fixing two belt ends (para 0041, 0058, see figs. 3-4) of a strapping belt or a strapping blank (R) in a clamped manner (para 0058, Examiner has interpreted “clamp” as “Any of various devices used to join, grip, support, or compress mechanical or structural parts”. See https://www.ahdictionary.com/word/search.html?q=clamp accessed 10/3/2024),
and
- a fixing device (23) for connecting the two belt ends of the strapping belt or the strapping blank to form a finished packaging unit (para 0041, 0065).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the strapping device of Perl with the addition of handling device and fixing device as taught by Lazzarin in order to allow the strapping device to quickly and reliably strap a group of articles using commercially available technology. This leads to cheaper manufacturing costs as new technology does not need to be developed. Additionally, the device/method of Lazzarin provides a lightweight and flexible system that is able to strap different types of elongated elements (Lazzarin: para 0012). Please note although the device of Lazzarin is being used underwater, it is capable of being used in a dry environment such as a bottling plant of Perl.
The combination of Perl and Lazzarin does not teach
wherein the base and the two pivoting arms each have variable lengths to facilitate use of differing belt lengths or use with differing article groups.
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to make the base and the two pivoting arms each have variable lengths, since it has been held that the provision of adjustability, where needed, involves routine skill in the art . In re Stevens, 101 USPQ 284 (CCPA 1954).
Regarding claim 18, Perl teaches
A device for producing finished packaging units (30, 101, 102) formed from at least two articles (14) combined by at least one strap (30), comprising: a strapping device (101, 102) and wherein the article group comprises at least two beverage containers (Bottles 14, fig. 5).
Perl does not provide details of the strapping device and therefore is silent on the strapping device (4) comprising: - a handling device (10) with two pivoting arms (11, 12), which can be adjusted relative to each other, and wherein each of the two pivoting arms (11, 12) is equipped with clamping devices (14, 15) for fixing two belt ends (27) of a strapping belt (26) or a strapping blank (28) in a clamped manner, and- a fixing device (18) for connecting the two belt ends (27) of the strapping belt (26) or the strapping blank (28) to form a finished packaging unit (30).
Lazzarin teaches
A device (4, 6, R) for producing finished packaging units (10) formed from at least two articles (2, G) combined by at least one strap (R), comprising:
a strapping device (4), the strapping device comprising:
- a handling device (20, 21, 22, 23, 24) with two pivoting arms (20 on each side in fig. 2), which can be adjusted relative to each other (para 0042), and wherein each of the two pivoting arms is equipped with clamping devices (26) for fixing two belt ends (para 0041, 0058, see figs. 3-4) of a strapping belt or a strapping blank (R) in a clamped manner (para 0058, Examiner has interpreted “clamp” as “Any of various devices used to join, grip, support, or compress mechanical or structural parts”. See https://www.ahdictionary.com/word/search.html?q=clamp accessed 10/3/2024),
and
- a fixing device (23) for connecting the two belt ends of the strapping belt or the strapping blank to form a finished packaging unit (para 0041, 0065).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the strapping device of Perl with the addition of handling device and fixing device as taught by Lazzarin in order to allow the strapping device to quickly and reliably strap a group of articles using commercially available technology. This leads to cheaper manufacturing costs as new technology does not need to be developed. Additionally, the device/method of Lazzarin provides a lightweight and flexible system that is able to strap different types of elongated elements (Lazzarin: para 0012). Please note although the device of Lazzarin is being used underwater, it is capable of being used in a dry environment such as a bottling plant of Perl.
The combination of Perl and Lazzarin does not teach
wherein the base and the two pivoting arms each have variable lengths to facilitate use of differing belt lengths or use with differing article groups.
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to make the base and the two pivoting arms each have variable lengths, since it has been held that the provision of adjustability, where needed, involves routine skill in the art . In re Stevens, 101 USPQ 284 (CCPA 1954).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Lazzarin in view of USP# 3,794,086 of Hall et al. (henceforth Hall).
Regarding claim 22, Lazzarin teaches
A device (4, 6, R) for producing finished packaging units (10) formed from at least two articles (2, G) combined by at least one strap (R), comprising:
a strapping device (4) comprising
- a handling device (20, 21, 22, 23, 24) with two pivoting arms (20 on each side in fig. 2) which can be adjusted relative to each other (para 0042) and wherein each of the two pivoting arms is equipped with clamping devices (26) for fixing two belt ends (para 0041, 0058, see figs. 3-4) of a strapping belt (R) (para 0058, Examiner has interpreted “clamp” as “Any of various devices used to join, grip, support, or compress mechanical or structural parts”. See https://www.ahdictionary.com/word/search.html?q=clamp accessed 10/3/2024),
wherein a distance between the clamping devices in an open state of the pivoting arms corresponds substantially to a length of the strapping belt or strapping blank clamped by the clamping devices (open state of the pivoting arms 20 immediately before it closes will substantially correspond to the length of the strapping belt R since the strapping belt R is wrapped around the inner side of the pivoting arms 20),
- wherein the two pivoting arms are adapted to surround an article group (2, G) for the purpose of strapping same by pivoting the first pivoting arm and the second pivoting arm (para 0042), and
- a fixing device (23) for connecting the two belt ends of the strapping belt or the strapping blank (para 0041, 0065).
Lazzarin teaches the two ends of the belt are joined but does not explicitly teach
wherein the fixing device of the strapping device comprises a device for introducing corresponding incisions or folding edges, located one above the other, into each of the two belt ends with adjoining folded or bent sections, wherein the folded or bent sections of the belt ends lying one above the other adjoin each other at least partially and connect the belt ends to one another in a form-fitting and adhesive manner at the joint.
Hall teaches a fixing device (2) for connecting the two belt ends of the strapping belt or the strapping blank (S, L, fig. 13); wherein the fixing device comprises a device (23, 32) for introducing corresponding incisions or folding edges (34, c. 4, l. 3-35), located one above the other, into each of the two belt ends with adjoining folded or bent sections (34, c. 4, l. 3-35), wherein the folded or bent sections of the belt ends lying one above the other adjoin each other at least partially and connect the belt ends to one another in a form-fitting and adhesive manner at the joint (34, c. 4, l. 3-35, see fig. 13).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lazzarin with addition of a device for introducing incisions or folding edges as taught by Hall in order to create a strong and reliable joint between the belt ends. This lowers the chance of strapped articles from coming apart. Additionally, both Lazzarin and Hall teaches devices for joining belt ends; it would have been obvious to one skilled in the art to substitute one device of joining belt ends (i.e. the unknown device of Lazzarin) for the other (i.e. crimp based joining device of Hall) to achieve the predictable result of joining the two belt ends together. KSR Int’l Co. V. Teleflex Inc. 550 U.S.
Response to Arguments
Applicant’s arguments filed on 11/13/2025 have been fully considered:
Amended claims have overcome all previous 112 (b) or second paragraph rejection/s.
Applicant's arguments with respect to claim 16 have been considered but are moot because the arguments do not apply to the 103 rejection being made in view of case law.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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