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 .
Status of Claims
This office action is in response to Applicant's Amendment/Request for Recommendation filed on 6 January 2026.
Claims 39 – 42, 47 – 52, and 56 – 62 are pending. Claims 1 – 38, 43 – 46, and 53 – 55 are cancelled by Applicant.
Claim Objections
Claims 39 – 42, 47, 49 – 52, 56, 60, and 62 are objected because of the following informalities:
Regarding claims 39, 41, 42, 47, 49, 51, and 60, 37 CFR 1.75 states “[w]here a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation”. However, the listed claims use indentation and a bullet point symbol. The bullet point symbols are redundant and should be removed.
Regarding claim 39 in line 6, and claims 40, 50, and 56, the limitation, “a bag”, should read, “the bag”.
Regarding claim 39, the limitation, “deaeration means”, should read, “a deaeration means”.
Regarding claims 40 and 41, the limitation, “the connection duct”, should read, “the single connection duct”.
Regarding claim 40, lines 5 – 6, the limitation, “a single filling station”, should read, “the single filling station”.
Regarding claims 41, 42, 49, 51, and 52, the limitation, “by means of”, should read, “by”.
Regarding claim 42, the limitation, “a following bag”, should read, “the following bag”.
Regarding claim 47, the limitations, “Metering” and “Intercepting”, should read, “metering” and “intercepting”.
Regarding claim 47, the limitation, “respective connection duct”, should read, “a respective connection duct”.
Regarding claims 47 and 50, the limitation, “deaeration means”, should read, “the deaeration means”.
Regarding claim 47, the limitation, “the passage”, should read, “a passage”.
Regarding claim 47, the limitation, “the mouth”, should read, “a mouth”.
Regarding claim 49, lines 6, 8 and 11, the limitation, “a following bag”, should read, “the following bag”.
Regarding claim 49, the limitation, “the connection duct”, should read, “the one or more connection ducts”.
Regarding claim 49, the limitation, “the filling station”, should read, “the one or more filling stations”.
Regarding claims 50 and 56, the limitation, “the transit”, should read, “a transit”.
Regarding claims 50 and 56, the limitation, “the positioning”, should read, “a positioning”.
Regarding claim 60, line 5, the limitation, “the mouth”, should read, “a mouth”.
Regarding claim 62, the limitation, “the at least one bag sealing station”, should read, “the at least one station for sealing the mouth of the bag”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the Specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
This application includes claim limitations that use the word “means” and thus are being interpreted under 35 U.S.C. 112(f) because the claim limitations uses the word “means” and are coupled with functional language without reciting sufficient structure to perform the recited function and the word, “means”, is not preceded by a structural modifier. Such claim limitations are:
“a filling means” in claims 39 and 51.
“deareration means” in claims 39 and 51
“interception means” in claim 51.
“compaction means” in claim 51.
“means for volumetric metering” in claim 59
“means for net weight metering” in claim 59.
“net weight metering means” in claim 59.
“means for transporting the bag” in claim 60
This application also includes limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“at least one apparatus for filling bags with a quantity of product” in claim 60.
“a least one station for sealing the mouth of the bag” in claim 60.
“devices for gripping opening and closing the mouth of the bag” in claim 60.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitations to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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.
Claims 39 – 42 and 47 – 50 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 39 – 42 and 47 – 50, the limitations, “intercepting and retaining at least part of the quantity of dispensed product inside at least one of said one or more connection ducts, before arrival at the filling means of the respective filling station” and “deaerating the at least part of the quantity of dispensed product intercepted and retained in the filling means”, is indefinite because the first limitation cites the at least part of the quantity of dispensed product is intercepted and retained before arrival at the filling means, however the second limitations cites the at least part of the quantity of intercepted and retained dispensed product is in the filling means. Thus, it is ambiguous whether the at least part of the quantity of dispensed product is intercepted and retained before arrival at the filling means or the at least part of the quantity of dispensed product is intercepted and retained in the filling means. Furthermore, it is ambiguous if the term, “the at least part of the quantity of dispensed product intercepted and retained”, in the second limitation is just a description of the at least part of the quantity of dispensed product and that this at least part of the quantity of dispensed product is deaerated in the filling means. For the purpose of compact prosecution, the examiner interprets the term, “the at least part of the quantity of dispensed product intercepted and retained”, in the second limitation as just a description of the at least part of the quantity of dispensed product and that this at least part of the quantity of dispensed product is deaerated in the filling means. Please note, since claims 40 – 42 and 47 – 50 depend upon claim 39, claims 40 – 42 and 47 – 50 are likewise rejected under 35 USC §112(b) for indefiniteness.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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.
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 39 and 47 – 50 are rejected under 35 U.S.C. 103 as being unpatentable over Canestri (US 9,873,532 B2) in view of Vollenkemper (US 9,540,123 B2).
Regarding claim 39, Canestri discloses a method for filling bags with bulk products, comprising the following steps:
weighing a quantity of product for filling a bag (1, fig. 7a) (Col. 6, ll. 46 – 51 describes a metered quantity of a product P1 being prepared on the first scales B10);
dispensing the quantity of product through one or more connection ducts (B14a, B14b, T31, T32, fig. 3) towards one or more filling stations (R1, R2, fig. 3) each provided with a filling means (210, 212, fig. 3) configured to fill the bag with the product (As shown in figure 7a);
filling the bag at said each filling station of the one or more of the filling stations with the quantity of dispensed product (Col. 6, ll. 56 – 60 describes filling of the bag 1 with the quantity of product Q1P1 in the first half-volume B11a of the first scales B10);
deaerating the quantity of dispensed product contained inside the bag at said each filling station of the one or more of the filling stations (Col. 6, ll. 22 – 24 describes each filling station R1, R2 having vibration means 400 arranged underneath a filled bag for compaction of the product before the filled bag is sealed).
Canestri further discloses deaerating (via suction probes 300, fig. 3) the at least part of the quantity of dispensed product within the filling means (B14a, B14b, T31, T32, 210, fig. 3).
Canestri does not explicitly disclose intercepting and retaining at least part of the quantity of dispensed product inside at least one of said one or more connection ducts before arrival at the filling means of the respective filling station and deaerating the at least part of the quantity of dispensed product intercepted and retained in the filling means by deaeration means.
Vollenkemper, in the same field of endeavor, teaches intercepting and retaining (via lock valve 50, fig. 2) at least part of the quantity of dispensed product inside at least one of said one or more connection ducts (39, 48, fig. 2) before arrival at the filling means (4, 54, fig. 2) of the respective filling station (58, fig. 1) (Figure 2 shows a quantity of dispensed product intercepted and retained in a dispensing silo 348/elastic hose 39 via the lock valve 50 before the arrival of the quantity of dispensed product at a filling path 54/filling spout 4) (One having ordinary skill in the art would recognize that the dispensing silo 348/elastic hose 39 and the filling path 54/filling spout 4 of Vollenkemper and a duct B14a/hopper T31 and a tube 210/bag-holder device 212 of Canestri are functionally equivalent structures, respectively, thus, in the combination of the teachings of Vollenkemper with the invention of Canestri, the lock valve 50 of Vollenkemper would be placed between the duct B14a/hopper T31 and the tube 210/bag-holder device 212 of Canestri in the same way the lock valve 50 is placed between the dispensing silo 348/elastic hose 39 and the filling path 54/filling spout 4 in Vollenkemper. Moreover, in the combination of the teachings of Vollenkemper with the invention of Canestri, after the at least part of the quantity of dispensed product that was intercepted and retained via the lock valve 50 is released into the tube 210/bag-holder device 212 of Canestri, col. 6, ll. 21 – 22 of Canestri describes deaerating, via probes 300, this at least part of the quantity of dispensed product in the tube 210 (i.e., the filling means) of the filling station R1, R2).
Vollenkemper is evidence that intercepting and retaining at least part of the quantity of dispensed product inside at least one of said one or more connection ducts before arrival at the filling means of the respective filling station was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for filling bags with bulk products of Canestri with intercepting and retaining at least part of the quantity of dispensed product inside at least one of said one or more connection ducts before arrival at the filling means of the respective filling station, as taught by Vollenkemper.
Please note, col. 5, ll. 36 – 40 of Canestri discloses a net-weight metering apparatus 200 associated with each filling station R1, R2, however Canestri does not provide the structure(s) for this net-weight metering apparatus 200. Therefore, it would have been obvious to the one having ordinary skill in the art to have modified the method for filling bags with bulk products of Canestri as stated above to provide the structure for a net-weight metering apparatus – i.e., a weighing device 25 of Vollenkemper – associated with each filling station R1, R2 wherein the lock valve of Vollenkemper is part of this net-weight metering apparatus that severs this apparatus with the filling stations (Col. 8, l. 66 – col. 9, l. 4).
Regarding claim 47, Canestri, as modified by Vollenkemper, discloses the invention as recited in claim 39.
Canestri discloses one or more of:
metering the quantity of product to be dispensed using a volumetric or net-weight method (Col. 6, ll. 46 – 51 describes the metered quantity of a product P1 being prepared on the first scales B10 wherein col. 5, ll. 18 – 20 describes the metering of the product using the net-weight method) (Due to the phrase, “one or more of”, the claim is cited as a list of limitations wherein if one of the limitations is satisfied, the claim is satisfied);
intercepting the at least part of the quantity of dispensed product by respective at least one valve for closing respective connection duct of the one or more connection ducts, said valve movable between a closed position and an open position for intercepting and discharging the product;
deaerating the at least part of the quantity of dispensed product in the respective connection duct by deaeration means movable from a position of non-interference with the passage of the product inside the respective connection duct into a position for insertion in the product intercepted and retained inside the respective connection duct;
sealing the mouth of the filled bag downstream of the one or more filling stations;
deaerating and/or compacting the product contained inside the filled bag, downstream of the one or more filling stations and before sealing the bag.
Regarding claim 48, Canestri, as modified by Vollenkemper, discloses the invention as recited in claim 39.
Canestri discloses a step of deaeration (via probes 300 or vibration devices 400, fig. 3) and/or compaction of the product contained inside the bag (1, fig. 7a) is performed at a first filling station (R1, fig. 3) of said one or more filling stations (R1, R2, fig. 3) and/or at each filling station of said one or more filling stations arranged downstream of the first filling station (Due to the phrase, “and/or”, the claim can be interpreted as a list of two alternatives wherein if one of the alternatives is satisfied, the claim is satisfied).
Regarding claim 49, Canestri, as modified by Vollenkemper, discloses the invention as recited in claim 39.
Canestri discloses deaeration (via probes 300 or vibration devices 400, fig. 3) and/or compaction of the product contained inside the bag (1, fig. 7a) at the one or more filling stations (R1, R2, fig. 3) is performed at least partly contemporaneously to one or more of the following operations:
providing a quantity of product for filling a following bag (Figure 7a shows when deaeration, via probes 300, and/or compaction, via vibration devices 400. of the product contained inside the bag at the filling station R1, the first scales B10 provides a quantity Q2P1 of product for filling a following bag) (Col. 6, ll. 56 – 66 describes at the same time the metered quantity of the product Q1P2 is prepared in the second scales B20, the quantity of product Q1P1 is released into a bag 1 in filling station R1. Figures 3, 7a shows the bag 1 on a vibration device 400 thus at the same time the metered quantity of the product Q1P2 is prepared in the second scales B20, the quantity of product Q1P1 is released into a bag 1 in filling station R1 and compacted via vibration devices 400) (Due to the phrase, “one or more of the following operations”, the claim is cited as a list of limitations wherein if one of the limitations is satisfied, the claim is satisfied).
dispensing the quantity of product for filling a following bag through the connection duct towards the filling station, with interception and retaining of the quantity of product for filling a following bag inside the at least one of said one or more connection ducts;
deaeration, by the deaeration means, of the quantity of product for filling a following bag intercepted and retained inside the at least one of said one or more connection.
Regarding claim 50, Canestri, as modified by Vollenkemper, discloses the invention as recited in claim 39.
Canestri discloses deaeration of the product contained inside the bag (1, fig. 7a) in the one or more filling stations (R1, R2, fig. 3) is performed by a deaerator (300, fig. 3) with deaeration means movable between a position for non-interference with the transit and the positioning of a bag inside the filling station (As shown in figure 7a at filling station R2) and a position in which the deaeration means are inserted inside the bag for deaeration of the product (As shown in figure 7a at filling station R1).
Claims 40 – 42, 51 – 52, and 56 – 62 are rejected under 35 U.S.C. 103 as being unpatentable over Canestri (US 9,873,532 B2), in view of Vollenkemper (US 9,540,123 B2), in further view of Derby (US 5,244,019 A).
Regarding claim 40, Canestri, as modified by Vollenkemper, discloses the invention as recited in claim 39.
The modified Canestri discloses the quantity of product for filling the bag is dispensed through a single connection duct (Canestri – B14a, T31, fig. 3) and discharged into the bag in a single filling station (Canestri – R1, fig. 3); and wherein the quantity of product intercepted and retained (Vollenkemper – via locking valve 50, fig. 2) inside the connection duct is a metered quantity (Canestri – via net weight metering apparatus 200) for filling a bag in a single filling station (Canestri – R1, fig. 3) in a single dispensing operation.
The modified Canestri does not disclose the quantity of product deaerated inside the connection duct.
However, Derby, in the same field of endeavor, teaches the quantity of product deaerated (via vacuum line 48, fig. 1) inside the connection duct (16, fig. 1).
Derby is evidence that the quantity of product deaerated inside the connection duct was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for filling bags with bulk products of Canestri with the quantity of product deaerated inside the connection duct, as taught by Derby. Moreover, it would have been obvious to the one having ordinary skill in the art to have modified the method for filling bags with bulk products of Canestri as stated above to remove entrained air from the product, significantly lowering its bulk volume. This can reduce storage space requirements allowing more product to be stored or transported in the same space. Additionally, removing air stabilizes bulk density, making weighing and filling more accurate and reducing dust generation.
Regarding claim 41, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 40.
The modified Canestri discloses the steps of:
providing, by metering, the metered quantity of product (Canestri – Q1P1, fig. 7a) for filling a first bag (Canestri – 1, fig. 7a) (Canestri – Col. 6, ll. 46 – 51 describes a metered quantity of a product P1 being prepared on the first scales B10);
dispensing the metered quantity of product (Canestri – Q1P1, fig. 7a) through the connection duct (Canestri – B14a, T31, fig. 7a), with interception and retaining of the metered quantity of product inside the connection duct (Vollenkemper – via locking valve 50, fig. 2) (Vollenkemper – As shown in figure 2);
positioning a first empty bag in the filling station (Canestri – R1, fig. 7a), connected (Canestri – via fixed grippers 212) to the filling means (Canestri – 210, 212, fig. 3) (Canestri – Col. 6, ll. 54 – 55 describes the bag 1 is conveyed to the first filling station R1 where it is gripped by the fixed grippers 212);
deaerating by the deaeration means (Derby – 48, fig. 1) the metered quantity of product retained inside the connection duct (Derby – As shown in figures 3, 4. Col. 5, ll. 14 – 19 describes the vacuum line 48 being constantly maintained thus when the metered quantity of product Q1P1 into the duct B14a/hopper T31, it is simultaneously deaerated by the vacuum line 48);
providing, by metering, a metered quantity of product (Canestri – Q1P2, figs. 6, 7b) for filling a following bag (Canestri – 2, fig. 7b) (Canestri – Col. 6, ll. 61 – 66 describes the metered quantity of a product P2 being prepared on the second scales B20);
discharging the deaerated metered quantity of product (Canestri – Q1P1, fig. 7a) for filling the first bag (Canestri – 1, fig. 7a) from the connection duct and filling the first bag with the product (Canestri – Col. 6, ll. 56 – 66 describes the filling of bag 1 with the quantity of product Q1P1);
dispensing the metered quantity of product (Canestri – Q1P2, fig. 7b) for filling the following bag (Canestri – 2, fig. 7b) through the connection duct (Canestri – B14a, T31, fig. 7b), with interception and retaining of the metered quantity of product for filling the following bag inside the connection duct (Vollenkemper – via locking valve 50, fig. 2) (Vollenkemper – As shown in figure 2);
removal of the preceding full first bag (Canestri – 1, fig. 7b) from the filling station (Canestri – Col. 7, ll. 13 – 15 describes the first bag 1 advancing towards the deaeration and vibration station D) and positioning the empty following bag (Canestri – 1, fig. 7b) inside the filling station, connected (Canestri – via fixed grippers 212) to the filling means (Canestri – 210, 212, fig. 3) (Canestri – Col. 7, ll. 8 – 9 describes the bag 2 is conveyed to the filling station);
deaerating, by the deaeration means (Derby – 48, fig. 1), of the quantity of product for filling the following bag retained inside the connection duct (Derby – As shown in figures 3, 4. Col. 5, ll. 14 – 19 describes the vacuum line 48 being constantly maintained thus when the metered quantity of product Q1P1 into the duct B14a/hopper T31, it is simultaneously deaerated by the vacuum line 48);
discharging the deaerated quantity of product (Canestri – Q1P2, fig. 7b) for filling the following bag (Canestri – 2, fig. 7b) from the connection duct into the filling station and filling the following bag with the quantity of product by the filling means (Canestri – Col. 7, ll. 4 – 7 describes the filling of bag 2 with the quantity of product Q1P2).
Regarding claim 42, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 41.
The modified Canestri discloses at least one of the following steps:
providing by metering (via scales B10, B20, fig. 3) of the metered quantity of product (Canestri – Q1P2, figs. 6, 7b) for filling a following bag (Canestri – 2, fig. 7b) is performed at least partly simultaneously with the deaeration (Derby – via vacuum line 48, fig. 1) of a metered quantity of product (Canestri – Q1P1, fig. 7a) for filling the first bag (Canestri – 2, fig. 7b) inside the connection ducts (Canestri – B14a, T31, fig. 7a) (Derby – Col. 5, ll. 14 – 19 describes the vacuum line 48 being constantly maintained. Canestri – Col. 6, ll. 56 – 66 describes as the quantity of product Q1P1 is released into the duct B14a/hopper T31, a metered quantity of the product Q1P2 is prepared in the second scales B20. Thus, when the quantity of product Q1P1 is released into the duct B14a/hopper T31, it is immediately deaerated by the vacuum line 48 since the vacuum line 48 is constantly maintained. Therefore, the metering apparatus B20 supplies a quantity of product Q1P2 to be dispensed for filling a following bag 2 at least partly simultaneously with the deaeration inside the respective connection duct B14a, T31 of the metered quantity of product for filling a preceding bag 1) (Due to the phrase, “at least one of the following steps”, the claim is cited as a list of limitations wherein if one of the limitations is satisfied, the claim is satisfied);
dispensing the metered quantity of product for filling the following bag through the connection duct, with interception and retaining of the metered quantity of product for filling the following bag inside the connection duct;
deaerating, by the deaeration means, the metered quantity of product for filling a following bag retained inside the connection duct, is performed at least partly simultaneously with one or more of the steps of:
filling the first bag with the product by the filling means; and
removal of the preceding first bag from the filling station and positioning of the following empty bag inside the filling station, connected to the filling means.
Regarding claim 51, Canestri discloses an apparatus for filling bags with quantities of product, comprising:
a metering apparatus (B10, B20, fig. 3) for preparing and dispensing a quantity of product for filling a bag;
one or more bag filling stations (R1, R2, fig. 3), each provided with filling means (210, 212, fig. 3) designed to fill the bag with at least part of the dispensed quantity of product and connected to the metering apparatus by a respective connection duct (B14a, B14b, T31, T32, fig. 3) for dispensing the product from the metering apparatus towards the respective filling station;
wherein one or more of the filling stations comprises deaeration means (300, fig. 3) and/or compaction means (400, fig. 3) for deaerating and/or compacting the product contained inside the bag.
Canestri does not explicitly disclose intercepting and retaining the product in the respective connection duct, before arrival at the filling means of the respective filling station.
Vollenkemper, in the same field of endeavor, teaches intercepting and retaining (via lock valve 50, fig. 2) the product in respective connection duct (39, 48, fig. 2) before arrival at the filling means (4, 54, fig. 2) of the respective filling station (58, fig. 1) (Figure 2 shows a quantity of dispensed product intercepted and retained in a dispensing silo 348/elastic hose 39 via the lock valve 50 before the arrival of the quantity of dispensed product at a filling path 54/filling spout 4)
Vollenkemper is evidence that intercepting and retaining at least part of the quantity of dispensed product inside at least one of said one or more connection ducts before arrival at the filling means of the respective filling station was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for filling bags with bulk products of Canestri with intercepting and retaining at least part of the quantity of dispensed product inside at least one of said one or more connection ducts before arrival at the filling means of the respective filling station, as taught by Vollenkemper.
Please note, col. 5, ll. 36 – 40 of Canestri discloses a net-weight metering apparatus 200 associated with each filling station R1, R2, however Canestri does not provide the structure(s) for this net-weight metering apparatus 200. Therefore, it would have been obvious to the one having ordinary skill in the art to have modified the method for filling bags with bulk products of Canestri as stated above to provide the structure for a net-weight metering apparatus – i.e., a weighing device 25 of Vollenkemper – associated with each filling station R1, R2 wherein the lock valve of Vollenkemper is part of this net-weight metering apparatus that severs this apparatus with the filling stations (Col. 8, l. 66 – col. 9, l. 4).
The modified Canestri does not disclose deaeration means arranged and configured to deaerate the quantity of product intercepted and retained by the interception means.
However, Derby, in the same field of endeavor, teaches deaeration means (48, fig. 1) arranged and configured to deaerate the quantity of product intercepted and retained by the interception means (14, fig. 1).
Derby is evidence that the deaeration means arranged and configured to deaerate the quantity of product intercepted and retained by the interception means was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for filling bags with bulk products of Canestri with deaeration means arranged and configured to deaerate the quantity of product intercepted and retained by the interception means, as taught by Derby. Moreover, it would have been obvious to the one having ordinary skill in the art to have modified the method for filling bags with bulk products of Canestri as stated above to remove entrained air from the product, significantly lowering its bulk volume. This can reduce storage space requirements allowing more product to be stored or transported in the same space. Additionally, removing air stabilizes bulk density, making weighing and filling more accurate and reducing dust generation.
Regarding claim 52, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 51.
Canestri discloses said one or more filling stations (R1, R2, fig. 3) consist of a single filling station (R1, fig. 3) connected by a single connection duct (B14a, T31, fig. 3) to the metering apparatus (B10, B20, fig. 3).
Regarding claim 56, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 51.
Canestri discloses at least a first filling station (R1, fig. 3) of said one or more filling station (R1, R2, fig. 3) and/or each filling station of said one or more filling station arranged downstream of the first filling station comprises deaeration means (300, fig. 3) and/or compaction means (400, fig. 3) for deaerating and/or compacting the product contained inside the bag; and/or wherein said deaeration means of the one or more filling station for deaerating the product contained inside the bag are movable between a position for non-interference with the transit and the positioning of a bag inside the filling station and a position in which the deaeration means are inserted inside the bag for deaeration of the product (Due to the phrase, “and/or”, the claim is cited as a list of alternatives wherein if one of the alternatives is satisfied, the claim is satisfied).
Regarding claim 57, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 51.
The modified Canestri discloses the metering apparatus (Canestri – B10, B20, fig. 3) supplies a quantity of product (Canestri – Q1P2, figs. 6, 7b) to be dispensed for filling a following bag (Canestri – 2, fig. 7b) at least partly simultaneously with the deaeration (Derby – via vacuum line 48, fig. 1) inside the respective connection duct (Canestri – B14a, T31, fig. 7a) of the metered quantity of product for filling a preceding bag (Canestri – 1, fig. 7a), retained by the interception means (Vollenkemper – via lock valve 50, fig. 2) (Derby – Col. 5, ll. 14 – 19 describes the vacuum line 48 being constantly maintained. Canestri – Col. 6, ll. 56 – 66 describes as the quantity of product Q1P1 is released into the duct B14a/hopper T31, the metered quantity of the product Q1P2 is prepared in the second scales B20. Thus, when the quantity of product Q1P1 is released into the duct B14a/hopper T31, it is immediately deaerated by the vacuum line 48 since the vacuum line 48 is constantly maintained. Therefore, the metering apparatus B20 supplies a quantity of product Q1P2 to be dispensed for filling a following bag 2 at least partly simultaneously with the deaeration inside the respective connection duct B14a, T31 of the metered quantity of product for filling a preceding bag 1).
Regarding claim 58, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 51.
Canestri discloses the filling means (210, 212, fig. 3) of the one or more filling stations (R1, R2, fig. 3) comprise a bag-engaging device (212, fig. 3) for filling the bag provided with valves (212a, fig. 3) rotating from a closed position into an open position and vice versa.
Regarding claim 59, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 51.
The modified Canestri discloses the metering apparatus comprises one or more of:
means for volumetric metering of the quantity of product to be dispensed or means for net weight metering of the quantity of product to be dispensed (Canestri – Col. 6, ll. 46 – 51 describes the metered quantity of a product P1 being prepared on the first scales B10 wherein col. 5, ll. 18 – 20 describes the metering of the product using the net-weight method) (Due to the phrase, “comprises one or more”, the claim is cited as a list of limitations wherein if one of the limitation is satisfied, the claim is satisfied);
a container connected at the bottom to one or more connection ducts;
a container associated with net weight metering means for forming a hopper scale.
Regarding claim 60, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 51.
The modified Canestri discloses machine for filling bags with a metered quantity of bulk products comprising:
at least one apparatus according to Claim 51 for filling bags with a quantity of product (see claim 51);
at least one station for sealing the mouth of the bag (Canestri – station S, fig. 3);
means for transporting the bag from one station to another (Canestri – 110, fig. 3);
devices for gripping, opening and closing the mouth of the bag (Canestri – 212, fig. 3).
Regarding claim 61, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 60.
Canestri discloses the machine is a forming, filling and sealing machine with bags formed in-line from a tubular material (Col. 5, ll. 34 – 35 describes a station F for forming the bag 1 from a tubular material 101 unwound from a reel 101a) (Due to the term, “or”, the claim is cited as a list of two alternatives wherein if one of the alternatives is satisfied, the claim is satisfied) or a filling machine with bags prefabricated and taken from a magazine associated with said machine.
Regarding claim 62, Canestri, as modified by Vollenkemper, as further modified by Derby, discloses the invention as recited in claim 60.
Canestri discloses a station (station D, fig. 3) for deaeration and/or compaction of the product contained inside the filled bag, downstream of the one or more filling stations (R1, R2, fig. 3) and upstream of the at least one bag sealing station (station S, fig. 3).
Response to Arguments
Applicant’s amendments, filed 6 January 2026, with respect to the objection to the abstract have been fully considered and are persuasive. The objection to the abstract has been withdrawn.
Applicant’s amendments and arguments, filed 6 January 2026, with respect to the rejections of claims 40 – 42, 45 – 46, 56 – 57 and 61 under 35 USC 112(b) have been fully considered and are persuasive. The rejections of claims 40 – 42, 45 – 46, 56 – 57 and 61 under 35 USC 112(b) have been withdrawn.
Applicant’s amendments and arguments, filed 6 January 2026, with respect to the rejections of claims 39 – 42, 46 – 47, 49 – 52, 56 – 62 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Canestri and Vollenkemper.
Conclusion
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 DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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/DAVID G SHUTTY/Examiner, Art Unit 3731
17 August 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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