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 .
DETAILED ACTION
This action is in response to applicant amendment received on 12/05/2025:
Amendment of Claim 2 is acknowledged.
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 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 5845465) in view of Tabata (JP 2012/086874).
Regarding Claim 2:
Bennett discloses a bagmaking and packaging machine that forms a packaging material in a tubular shape and packages packaging articles, the bagmaking and packaging machine comprising:
a former that folds and guides a packaging material (Figure 3, tube forming device 9), the former comprising:
a collar member that guides the packaging material (Figures 3 to 4, sailer portion 7b); and
a first tube member that forms in a tubular shape (Figure 3 to 4, not numbered central tubular body under portion 7b) the packaging material guided by the collar member,
wherein the first tube member has one end to which the collar member is connected, and includes a first mating portion (Figure 3, curved edge connects to 7b, and cylindrical section below 7b will be considered the first mating portion):
the bagmaking and packaging machine further comprising:
a wraparound member around which the packaging material folded by the former is to be wrapped (Figure 3, cylindrical chute 8 including hopper 8A will be considered the wraparound member); and
a support member that supports the former and the wraparound member, wherein the first mating portion is supported with the support member (Figure 3, support unit 18, including top plate 19 and bottom plate 21, will be considered the support member); and
the wraparound member includes a tubular second tube member around which the packaging material is to be wrapped and a chute that guides the packaging articles to the second tube member (Figures 3-5, cylindrical chute 8 will be considered the tubular second tube member and hopper 8A will be considered the chute), and
the chute is connected to one end of the second tube member and includes a second mating portion that is mated with the support member (Figures 3 to 5, hopper 8A, considered the chute, is attached to the chute 8 and to support member on top plate 19 by a pinching member 22 on what will be considered a second mating portion of the chute);
and wherein
the support member includes a first support member part that supports the former and a second support member part that supports the wraparound member (Figures 3 to 5, bottom plate 21 supports forming unit 7and will be considered the first support member part, while top plate 19 with pinching member 22 supports the wraparound member will be considered the second support member part,) and columnar members joining the first and second support member parts (Figures 3 and 4, lacking any additional limitations, Vertical walls 20, that support top plate 19 and bottom plate 21 will be considered columnar members joining the first and second support member parts),
in the first support member part is formed a first mating hole with which the first mating portion is mated (Figures 2 and 3; Column 4, line 65 to Column 5, line 10, a recess portion 21b having a semi-circular shape is also provided to the expanded portion 21a of the bottom plate 21 to receive the forming unit 7);
in the second support member part is formed a second mating hole being a through-hole with which the second mating portion is mated (Figures 2 and 3; Column 4, line 65 to Column 5, line 10. A semi-circular recess portion is formed at the expanded portion 19a of the top plate 19, that with member 22 form a circular opening for the second mating portion); and
a central axis of the first mating hole coincides with a central axis of the second mating hole (Figure 2 shows the central axis of both mating holes being the same).
Bennett does not disclose the first mating hole with which the first mating portion is mated being a through-hole or if the outer periphery of the first mating portion is in a clearance fit with the inner periphery of the first mating hole.
Tabata teaches a similar bagmaking and packaging machine that forms a packaging material in a tubular shape and packages packaging articles including a first support member part that supports the former (Figures 1 and 2, Plate 4 would be the first support member that supports the former 1), the first support member comprising a first mating hole with which the first mating portion is mated being a through-hole large enough so the outer periphery of the first mating portion is in a clearance fit with the inner periphery of the first mating hole (Figure 1 shows a not numbered through-hole where cylindrical portion 2 is inserted and fixed with what can be considered a “clearance fit”, considering “clearance fit” a fit between two mating parts where there is always a gap, or clearance, between them. This design ensures that the components can move freely without interference, allowing for assembly and disassembly.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to just replace the first support member of Bennett for the one of Tabata, that includes a through-hole large enough so the outer periphery of the first mating portion is in a clearance fit with the inner periphery of the first mating hole, as a well-known alternative to support the former of the bagmaking and packaging machine.
Bennett shows on Figures 2 to 5 that top plate 19 supports the wraparound member by being removably attached to pinching member 22 by not numbered bolts, but Bennett does not specifically disclose if the outer periphery of the second mating portion is in a clearance fit with the inner periphery of the second mating hole; considering “clearance fit” a fit between two mating parts where there is always a gap, or clearance, between them. This design ensures that the components can move freely without interference, allowing for assembly and disassembly. Also, the use of a clearance fit allows for thermal expansion, that could be significant in case of friction between the product being passed by chute 8.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to have a clearance fit between the outer periphery of the first mating portion and the inner periphery of the first mating hole and between the outer periphery of the second mating portion and the inner periphery of the second mating hole since the parts are removable allowing also for thermal expansion if required.
Bennett does not disclose the second support member part being a unitary one-piece member, the second support member is formed by top plate 19 and pinching member 22 joined by screws not numbered.
It would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to make the second support member part as a unitary one-piece member, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Regarding Claim 5:
As discussed for Claim 1 above, the modified invention of Bennett discloses the invention as claimed.
The modified invention of Bennett does not disclose if in the first tube member, a cutout portion to which is connected an edge of the collar member is formed across the circumferential direction in a surface on the one end side of the first tube member, actually Bennett does not disclose how sailer part 7b is joined to the cylindrical part of the forming unit 7.
Tabata teaches attaching the collar member to the first tube member by a cutout portion formed across the circumferential direction in a surface on the one end side of the first tube member (Figures 3 and 8 show the cylindrical portion 2 being formed with a notch 21 on the outer side of the upper end, so the inner end 32 of the sailor part 3 is engaged with the notch 21, also Figure 8 show a notch 35, formed on the upper end of cylindrical portion 2 where sailor part 3 is also attached, in both cases the parts are joined by welding).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Bennett the teachings of Tabata and attach the collar member to the first tube member by a cutout portion formed across the circumferential direction in a surface on the one end side of the first tube member to provide easy and precise positioning for joining both parts by welding.
Response to Arguments
Applicant's arguments filed 12/05/2025 have been fully considered but they are not persuasive.
The Applicant argues that Bennett fails to disclose or to suggest a configuration in which the first and second support member parts are joined by columnar members as recited. The Examiner disagrees, since no structure is given to such columnar members in the office action Vertical walls 20, that support top plate 19 and bottom plate 21 will be considered columnar members joining the first and second support member parts.
The Applicant also argues that Bennett also fails to disclose or to suggest a second support member part that is a unitary one-piece member having a second mating hole being a through- hole. Further, by using a pinching member 22 to secure the cylindrical chute 8, Applicant respectfully asserts that Bennett actually teaches away from the recited configuration of a second support member part being a unitary one-piece member. The Examiner also disagrees, even though Bennet discloses that the second support member part is made of two parts joined by screws or bolts, It would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to make the second support member part as a unitary one-piece member, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
The Applicant also argues that Tabata fails to disclose or to suggest a second support member part with any kind of mating hole, let alone columnar members that join first and second support member parts as recited in amended claim 2. The Examiner agrees, but the reference was not included for those teachings.
Allowable Subject Matter
Claim 12 is allowed and Claim 6 is 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.
Reasons for Allowance
Regarding Claims 6 and 12:
Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed bagmaking and packaging machine that forms a packaging material in a tubular shape and packages packaging articles, the bagmaking and packaging machine comprising: a former that folds and guides a packaging material, the former comprising:
a collar member that guides the packaging material; and
a first tube member that forms in a tubular shape the packaging material guided by the collar member,
the first tube member having an upper end surface and a cutout portion separated from the upper end surface by a depth that is greater than a thickness of the collar member such that the upper end surface is not even with the surface of the collar member.
Several references on the record disclose bagmaking and packaging machine that forms a packaging material in a tubular shape and packages packaging articles similar to the one being claimed, including a former comprising a collar member that guides the packaging material; and a first tube member that forms in a tubular shape the packaging material guided by the collar member, the first tube being attached in some way to the collar member, in some cases both are made in one piece together by folding, or joined by screws as Tanner (US 3486424) or welded as Pool (US 5707329). In particular Tabata (JP 2012/086874) teaches the collar member joining the first tube member having an upper end surface and a cutout portion separated from the upper end surface, the cutout portion having a “depth” to receive the collar member. The “depth” of the cutout portion measured as corresponding to the depth D as seen on Figure 5.
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But Tabata does not disclose that the depth of the cutout portion is greater than a thickness of the collar member (t on Figure 5). On Figures 3 and 8 embodiments are disclosed making the depth of the cutout portion match the thickness of the collar member (Figure 3), or smaller that the thickness of the collar member (Figure 9) and there is no reasonable motivation to modify the reference in such way. Note that all the references on the record make a smooth transition in the joint between the collar member and the first tube member, but the claim invention as claimed show a “step” forming in that joint.
The combination as set forth in the claims are not discussed, taught or suggested in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular, Araki (US 6314706), Fukuda (US 6131367), Forman (US 6523325) and Fukuda (US 5983610) teach similar through-holes as claimed, while Araki (US 6314706) and Pool (US 5707329) teach columnar members joining first and second support members.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731