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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 9/3/2025, with respect to the rejection(s) of claim(s) 1-8 under 35 USC 103a Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1) and claims 21-32 under 35 USC 103a Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1) and DE 102017124650 A1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection for claims 1-8 is made under 35 U.S.C. 103 as being unpatentable over Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1) and newly applied Austermeier (US 20130312893 A1). Similarly, a new ground(s) of rejection for claim(s) 21-32 is/are made under 35 U.S.C. 103 as being unpatentable over Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1), Austermeier (US 20130312893 A1), and DE 102017124650 A1.
The rejection of claim 9 has been modified to reflect the addition of the Austermeier (US 20130312893 A1) such that Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1) and Austermeier (US 20130312893 A1) as applied to claims 1-8 above, and further in view of DE 102017124650 A1.
Applicant persuasively argues that Harte ‘060, which discloses applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position, does not additionally disclose applying the labels while the labeling device is moving from the upstream position to the downstream position.
However, Austermeier discloses applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position and while the labeling device is moving from the upstream position to the downstream position. See especially paragraph 0039, disclosing:
[0039] FIG. 2 shows the label dispenser 10 with a carrier strip 13 for labels 8, where the labels 8 are removed from a dispensing edge 14 of the carrier strip 13 and transferred to the transfer device 12. The transfer device 12 is for better representation shown without a casing. By means of negative pressure generated by a fan, not shown, the labels 8 are with their non-adhesive top side held on conveyor belts 16, while a first row R1 of labels 8 is picked up with the number of tracks S from the transfer device 12. During this phase, a lifting device 17 of the transfer device 12 is in a pick-up position. In order to apply the row R1 of labels 8 downwardly onto the top film 4, the travel device 11 moves the label dispenser 10 with the transfer device 12 in or against the transport direction T to the position in which the row R1 of labels 8 is applied from above to the top film 4 The drive for the travel device 11 is embodied by a schematically illustrated motor 11a, for example a servo motor or stepper motor, and a toothed belt drive 11b. The transfer device 12, however, can also be positioned above the first row of packs 5, while the first row R1 of labels 8 is picked up.
…
[0042] The method of the present invention is described as follows. After depositing the first row R1 of labels 8, the lifting device 12 again returns to the pick-up position in that the pusher plates 18 are moved vertically upwards in order to pick up a new row R2 of labels 8 from the dispensing unit 10 in order to then apply them to a neighboring row R2 of the packs previously provided with labels 5 or to the top film 4, respectively. For this, the travel device 11 moves the label dispenser 10 with the transfer device 12 in or against the transport direction T to this new position. This process is repeated according to the number of rows R to be labeled in a single work cycle. In order to reduce high accelerations and speeds during the movement of the label dispenser 10 together with the transfer device 12, and thereby to also increase the lifetime and to reduce the mechanical loads on the labeler 6, respectively, the labels 8 are deposited and pressed onto the top film 4 when the travel device 11 is activated and thereby a continuous movement of the transfer device 12 is effected. This means, that the label dispenser 10 together with the transfer device 12 is not halted for depositing the labels 8, but further moved until the work cycle is completed by setting down the last row R3 of labels 8.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position and while the labeling device is moving from the upstream position to the downstream position as taught by Austermeier so that that the label dispenser together with the transfer device is not halted for depositing the labels, but further moved until the work cycle is completed by setting down the last row of labels.
Drawings
The drawings were received on 9/3/2025. These drawings are approved by the Examiner.
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 (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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1) and Austermeier (US 20130312893 A1).
As to claim 1, Harte ‘960 discloses a method of labeling product packages (via a labeling device 20) on a thermoforming packaging machine (see paragraph 0031, disclosing “an initial forming station wherein packages 32 are heat formed”), said method comprising the steps of:
moving crosswise rows of product packages in a downstream transport direction on the thermoforming machine (see paragraph 0031, disclosing “At this point the filled packages are advanced to a sealing station where a top web is affixed to the filled packages 32. Thereafter, the sealed packages are separated and placed into cartons or the like for shipping. During course of operation of the machine 22, it is common to attach labels either to the undersides of the packages 32 and/or to the top web.”);
moving a labeling device mounted on the thermoforming packaging machine back and forth between a downstream position and an upstream position (see paragraph 0050, disclosing “Alternately, the entire labeling device 20 may be shifted through the medium of assembly 130 to align the device with the next row of packages. In any case, the labeling sequence described above is repeated for this next package row.”);
applying labels from the labeling device (see paragraph 0049, disclosing “the tamping assembly 68 operates so as to engage and move the labels 40 into contact with the packages 32.” and “This operation quickly engages the labels 40 and moves the label into adhesive contact with the packages 32, thereby properly labeling the packages”) to the product packages while the labeling device is moving from the downstream position to the upstream position (see paragraph 0050, disclosing “Alternately, the entire labeling device 20 may be shifted through the medium of assembly 130 to align the device with the next row of packages. In any case, the labeling sequence described above is repeated for this next package row.”);
See Figure 1, below:
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Harte ‘060 does not disclose moving using alternating dwell and advancing intervals or using one or more sensors positioned on the thermoforming packaging machine upstream from the upstream position of the labeling device to identify the presence of any unfilled product packages in the crosswise rows of product packages before they reach the upstream position of the labeling device; and preventing the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors. However, Harte ‘060 does recite in paragraph 0053 that “U.S. Pat. Nos. 6,534,505 and 5,725,717 are expressly incorporated by reference herein.”
Harte ‘060, which discloses applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position, does not additionally disclose applying the labels while the labeling device is moving from the upstream position to the downstream position.
Erhmann discloses moving using alternating dwell and advancing intervals. See paragraph 0038, disclosing “FIG. 1 shows a thermo-forming packaging machine 1 according to one embodiment of the present invention operating intermittently (true-to-cycle) and comprising a machine frame 2 being oriented along a direction of production R.” See also paragraph 0041, disclosing “It is also conceivable, however, that the forming station 5 molds a plurality of rows of trays 8 per cycle disposed behind each other and that this respective format of trays 8, being formed in one work cycle in the forming station 5 into the base film 4, may be further transported in an intermittent (true-to-cycle) manner in the direction of production R. One work cycle also comprises a film advance step by the advance distance V.” Thus, Erhmann discloses that an intermittently (true-to-cycle) mode of movement is used when a forming station forms the trays. See Figure 1, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized moving using alternating dwell and advancing intervals because Ehrmann teaches that an intermittently (true-to-cycle) mode of movement is used when a forming station forms the trays.
Harte ‘505 discloses and makes obvious using one or more sensors (see column 3, line 4, disclosing “a labeling machine (also referred to herein as a "labeler") having proximity sensors 60 mounted thereon for communicating to the labeling machine 20 either (1) the presence of an empty package 10 or (2) the absence of a package 10 expected to be present for labeling.”) positioned on the thermoforming packaging machine upstream from the upstream position of the labeling device to identify the presence of any unfilled product packages in the crosswise rows of product packages before they reach the upstream position of the labeling device; and preventing the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors (see column 5, line 9, disclosing “In the present invention, sensors 60 are positioned in front of the label transport 24, preferably directly in front of the transporter 24 and over the row preceding the transporter 24 (as seen in the attached Figures), to detect the presence and absence of packaged articles 10 and their content. Thus, if a package 10 is absent from a stream of articles or does not contain product, the sensors 60 can alert the labeler 20 so that the labeler 20 does not dispense a label 30 for that missing article 10 or empty package 10.”). See Figure 7, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized using one or more sensors positioned on the thermoforming packaging machine upstream from the upstream position of the labeling device to identify the presence of any unfilled product packages in the crosswise rows of product packages before they reach the upstream position of the labeling device; and preventing the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors as taught by Harte ‘505 in order to prevent the labeling apparatus from unnecessarily dispensing labels and because the teachings of Harte ‘505 are expressly intended to be considered for combination with Harte ‘060 due to the incorporation by reference.
Austermeier discloses applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position and while the labeling device is moving from the upstream position to the downstream position. See especially paragraph 0039, disclosing:
[0039] FIG. 2 shows the label dispenser 10 with a carrier strip 13 for labels 8, where the labels 8 are removed from a dispensing edge 14 of the carrier strip 13 and transferred to the transfer device 12. The transfer device 12 is for better representation shown without a casing. By means of negative pressure generated by a fan, not shown, the labels 8 are with their non-adhesive top side held on conveyor belts 16, while a first row R1 of labels 8 is picked up with the number of tracks S from the transfer device 12. During this phase, a lifting device 17 of the transfer device 12 is in a pick-up position. In order to apply the row R1 of labels 8 downwardly onto the top film 4, the travel device 11 moves the label dispenser 10 with the transfer device 12 in or against the transport direction T to the position in which the row R1 of labels 8 is applied from above to the top film 4 The drive for the travel device 11 is embodied by a schematically illustrated motor 11a, for example a servo motor or stepper motor, and a toothed belt drive 11b. The transfer device 12, however, can also be positioned above the first row of packs 5, while the first row R1 of labels 8 is picked up.
…
[0042] The method of the present invention is described as follows. After depositing the first row R1 of labels 8, the lifting device 12 again returns to the pick-up position in that the pusher plates 18 are moved vertically upwards in order to pick up a new row R2 of labels 8 from the dispensing unit 10 in order to then apply them to a neighboring row R2 of the packs previously provided with labels 5 or to the top film 4, respectively. For this, the travel device 11 moves the label dispenser 10 with the transfer device 12 in or against the transport direction T to this new position. This process is repeated according to the number of rows R to be labeled in a single work cycle. In order to reduce high accelerations and speeds during the movement of the label dispenser 10 together with the transfer device 12, and thereby to also increase the lifetime and to reduce the mechanical loads on the labeler 6, respectively, the labels 8 are deposited and pressed onto the top film 4 when the travel device 11 is activated and thereby a continuous movement of the transfer device 12 is effected. This means, that the label dispenser 10 together with the transfer device 12 is not halted for depositing the labels 8, but further moved until the work cycle is completed by setting down the last row R3 of labels 8.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position and while the labeling device is moving from the upstream position to the downstream position as taught by Austermeier so that that the label dispenser together with the transfer device is not halted for depositing the labels, but further moved until the work cycle is completed by setting down the last row of labels.
As to claim 2, Harte ‘960 does not disclose discloses wherein the labeling device applies the labels to the product packages while the crosswise rows of product packages are in the dwell interval. However, Harte does disclose intermittent advancement, i.e., dwell and advancing intervals. See paragraph 0031, disclosing “The machine 28 is designed to incrementally advance via powered roller chains a synthetic resin web 30 between an initial forming station wherein packages 32 are heat formed, and thence through a filling station where product is placed within the packages 32. At this point the filled packages are advanced to a sealing station where a top web is affixed to the filled packages 32. Thereafter, the sealed packages are separated and placed into cartons or the like for shipping. During course of operation of the machine 22, it is common to attach labels either to the undersides of the packages 32 and/or to the top web.”
Additionally, the combination of the Harte ‘960, Erhmann and Harte’s ‘505 would result in wherein the labeling device applies the labels to the product packages while the crosswise rows of product packages are in the dwell interval. See, Ehrmann, paragraph 0038, disclosing “FIG. 1 shows a thermo-forming packaging machine 1 according to one embodiment of the present invention operating intermittently (true-to-cycle) and comprising a machine frame 2 being oriented along a direction of production R.”
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the labeling device applies the labels to the product packages while the crosswise rows of product packages are in the dwell interval because Ehrmann teaches that an intermittently (true-to-cycle) mode of movement is used when a forming station forms the trays, and such an operation would allow overall movement.
As to claim 3, Harte ‘960 does not disclose in which the labeling device applies labels to the product packages in a preselected number of the crosswise rows of product packages during each dwell interval and the one or more sensors are positioned upstream from the upstream position of the labeling device a sufficient distance to identify the presence of any unfilled product packages in each of the preselected number of the crosswise rows of product packages before they reach the upstream position of the labeling device.
However, Harte ‘505 discloses in which the labeling device applies labels to the product packages in a preselected number of the crosswise rows of product packages during each dwell interval and the one or more sensors are positioned upstream from the upstream position of the labeling device a sufficient distance to identify the presence of any unfilled product packages in each of the preselected number of the crosswise rows of product packages before they reach the upstream position of the labeling device. See especially column 5, line 66, disclosing:
Since the sensors 60 are placed at least one row ahead of the row being labeled, the labeler 20 can call for a snapshot of the signals being given by the sensors 60 as they relate to the preceding row of articles 10. This snap-shot is taken before the labeler 20 advances over the relevant articles 10 and is stored into memory as a series of binary digits, ie., a status byte. If a sensor 60 detects a package article 10, i e., becomes excited, the sensor 60 was excited, a 1 will be stored into memory for that sensor 60, in a position in the series of bits that corresponds to the position of the sensor 60. In contrast, if a sensor 60 is not excited, meaning that the corresponding package 10 was either empty or absent, a 0 will be stored into memory in the position holder for that sensor 60.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized in which the labeling device applies labels to the product packages in a preselected number of the crosswise rows of product packages during each dwell interval and the one or more sensors are positioned upstream from the upstream position of the labeling device a sufficient distance to identify the presence of any unfilled product packages in each of the preselected number of the crosswise rows of product packages before they reach the upstream position of the labeling device as taught by Harte ‘505 in order to prevent the labeling apparatus from unnecessarily dispensing labels and because the teachings of Harte ‘505 are expressly intended to be considered for combination with Harte ‘060 due to the incorporation by reference.
As to claim 4, Harte ‘960 discloses in which the preselected number of the crosswise rows of product packages is 2. Harte ‘960 discloses 2 rows in Figure 4 .
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As to claim 5, Harte ‘960 in which the preselected number of the crosswise rows of product packages is 3. Harte ‘960 discloses 2 rows in Figure 3.
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As to claim 6, Harte ‘960 does not disclose in which the preselected number of the crosswise rows of product packages is between 4 and 20. Harte ‘960 teaches the preselected number can be 2 or 3 (see Figures 3 and 4).
However, Harte ‘505 discloses in which the preselected number of the crosswise rows of product packages is between 4 and 20. Harte ‘505 show the preselected number of the crosswise rows of product packages is 4. See Figure 1.
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Additionally, Harte ‘505 makes obvious changing the number of products in a row. Harte ‘505 teaches in column 7, line 30, that “Furthermore, the number of sensors 60 used in the present invention will correspond to the number of articles 10 per row.” Thus, Harte ‘505 contemplates changes in the number of products in a row and would make obvious increases in the product row size.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized in which the preselected number of the crosswise rows of product packages is between 4 and 20 as taught by Harte ‘505 in order to prevent the labeling apparatus from unnecessarily dispensing labels and because the teachings of Harte ‘505 are expressly intended to be considered for combination with Harte ‘060 due to the incorporation by reference.
As to claim 7, Harte ‘960 does not disclose wherein each crosswise row of product packages has a predetermined number of product packages and one of the one or more sensors is provided for each of the predetermined number of product packages.
However, Harte ‘505 discloses wherein each crosswise row of product packages has a predetermined number of product packages and one of the one or more sensors is provided for each of the predetermined number of product packages. Harte ‘505 teaches in column 7, line 30, that “Furthermore, the number of sensors 60 used in the present invention will correspond to the number of articles 10 per row.” Thus, Harte ‘505 contemplates changes in the number of products in a row and would make obvious increases in the product row size.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein each crosswise row of product packages has a predetermined number of product packages and one of the one or more sensors is provided for each of the predetermined number of product packages as taught by Harte ‘505 in order to prevent the labeling apparatus from unnecessarily dispensing labels and because the teachings of Harte ‘505 are expressly intended to be considered for combination with Harte ‘060 due to the incorporation by reference.
As to claim 8, Harte ‘960 does not disclose wherein the one or more sensors are capacitive, inductive, or optical sensors.
However, Harte ‘505 discloses wherein the one or more sensors are capacitive, inductive, or optical sensors.. Harte ‘505 teaches in column 5, line 39 that:
The sensors 60 of the present invention are preferably placed over the top of the area where the articles 10 are to travel, or when the labeler 20 is inverted, the sensors 60 may be placed underneath the area where the articles 10 are to travel. Since the present invention is primarily designed for use in connection with articles 10 packaged in packaging film, the present invention employs capacitive sensors 60 that detect moisture, such as those sensors sold by Turck, Inc. Inductive sensors and the like may also be used in the present invention. Those skilled in the art will also appreciate that in labeling applications, where the packages are not wrapped in packaging film, other types of sensors may be used to accomplish the same advantages as those taught by the present invention for articles packaged in packaging film.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the one or more sensors are capacitive, inductive, or optical sensors as taught by Harte ‘505 in order to prevent the labeling apparatus from unnecessarily dispensing labels and because the teachings of Harte ‘505 are expressly intended to be considered for combination with Harte ‘060 due to the incorporation by reference.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1) and Austermeier (US 20130312893 A1) as applied to claims 1-8 above, and further in view of DE 102017124650 A1.
As to claim 9, Harte ‘960 and Harte ‘505 does not disclose including sending package identification data identifying the presence of any unfilled product packages from the one or more sensors to a controller and then sending control data from the controller to the labeling device to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors.
However, DE 102017124650 A1 discloses and makes obvious including sending package identification data (“a product identifier (29)”) identifying the presence of any unfilled product packages from the one or more sensors to a controller and then sending control data from the controller to the labeling device to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors. See the translation, disclosing:
The invention also relates to a method for packaging products cut into individual portions. This method has at least the following steps: Storing an individual product identifier to a product in a data management system, Transmitting the product identifier to a route controller, Disassembly of the product into several individual portions in a product processing machine, Tracking the position of the product and / or individual portions during their transport along a conveyor line extending at least from the product processing machine to a packaging machine, Determining or generating a packaging identifier associated with each individual packaging by means of the path control, - packaging the individual portions by means of the packaging machine, Generating an association between the product identifier and the packaging identifier of a package containing at least a portion of the product with the respective product identifier, and - Transmission of a product identifier associated packaging IDs and / or associated with a packaging ID product identifier to the data management system.
Analogous to the packaging system, the method according to the invention also offers the advantage, in contrast to conventional systems, of individually assigning a particular packaging identifier to each individual packaging and of linking this packaging identifier to the product identifier of that product which is contained in the packaging. In this way, at any later time by calling the packaging identifier, the respective product identifiers of the product contained in the packaging can be retrieved.
Packaging identification stamped directly into the packaging or printed on the packaging or on a provided for the packaging label. In this way, each packaging can be marked with its individual packaging identifier and the packaging identifier read later at any time.
It would be conceivable that the packaging identifier applied to a packaging or printed on is machine-readable and read out by means of a reading device. For this purpose, the packaging identifier may for example be configured as a print, also as a coded print, such as a bar code. Alternatively, it would be conceivable that a machine-readable RFID tag is attached to the packaging. This RFID tag can either be provided with a one-to-one, readable code as a packaging identifier before it is attached, or it can be writable and thus provided with such a code after being attached to the packaging.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized including sending package identification data identifying the presence of any unfilled product packages from the one or more sensors to a controller and then sending control data from the controller to the labeling device to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors as taught by DE 102017124650 A1 in order to by calling the packaging identifier, the respective product identifiers of the product contained in the packaging can be retrieved.
Claim(s) 21-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harte ‘960 (US 20040250960 A1), Erhmann (US 20150096263 A1), Harte ‘505 (US 6543505 B1), Austermeier (US 20130312893 A1), and DE 102017124650 A1.
As to claim 21, Harte ‘960 discloses a method of labeling product packages (via a labeling device 20) on a thermoforming packaging machine (see paragraph 0031, disclosing “an initial forming station wherein packages 32 are heat formed”), said method comprising the steps of:
moving crosswise rows of product packages in a downstream transport direction on the thermoforming machine (see paragraph 0031, disclosing “At this point the filled packages are advanced to a sealing station where a top web is affixed to the filled packages 32. Thereafter, the sealed packages are separated and placed into cartons or the like for shipping. During course of operation of the machine 22, it is common to attach labels either to the undersides of the packages 32 and/or to the top web.”);
moving a labeling device mounted on the thermoforming packaging machine back and forth between a downstream position and an upstream position (see paragraph 0050, disclosing “Alternately, the entire labeling device 20 may be shifted through the medium of assembly 130 to align the device with the next row of packages. In any case, the labeling sequence described above is repeated for this next package row.”);
applying labels from the labeling device (see paragraph 0049, disclosing “the tamping assembly 68 operates so as to engage and move the labels 40 into contact with the packages 32.” and “This operation quickly engages the labels 40 and moves the label into adhesive contact with the packages 32, thereby properly labeling the packages”) to the product packages while the labeling device is moving from the downstream position to the upstream position (see paragraph 0050, disclosing “Alternately, the entire labeling device 20 may be shifted through the medium of assembly 130 to align the device with the next row of packages. In any case, the labeling sequence described above is repeated for this next package row.”);
See Figure 1, below:
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Harte ‘060 does not disclose moving using alternating dwell and advancing intervals or using one or more sensors positioned on the thermoforming packaging machine upstream from the upstream position of the labeling device to identify the presence of any unfilled product packages in the crosswise rows of product packages before they reach the upstream position of the labeling device; and sending package identification data identifying the presence of any unfilled product packages from the one or more sensors to a controller and then sending control data from the controller to the labeling device to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors.
However, Harte ‘060 does recite in paragraph 0053 that “U.S. Pat. Nos. 6,534,505 and 5,725,717 are expressly incorporated by reference herein.”
Harte ‘060, which discloses applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position, does not additionally disclose applying the labels while the labeling device is moving from the upstream position to the downstream position.
Erhmann discloses moving using alternating dwell and advancing intervals. See paragraph 0038, disclosing “FIG. 1 shows a thermo-forming packaging machine 1 according to one embodiment of the present invention operating intermittently (true-to-cycle) and comprising a machine frame 2 being oriented along a direction of production R.” See also paragraph 0041, disclosing “It is also conceivable, however, that the forming station 5 molds a plurality of rows of trays 8 per cycle disposed behind each other and that this respective format of trays 8, being formed in one work cycle in the forming station 5 into the base film 4, may be further transported in an intermittent (true-to-cycle) manner in the direction of production R. One work cycle also comprises a film advance step by the advance distance V.” Thus, Erhmann discloses that an intermittently (true-to-cycle) mode of movement is used when a forming station forms the trays. See Figure 1, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized moving using alternating dwell and advancing intervals because Ehrmann teaches that an intermittently (true-to-cycle) mode of movement is used when a forming station forms the trays.
Harte ‘505 discloses and makes obvious using one or more sensors (see column 3, line 4, disclosing “a labeling machine (also referred to herein as a "labeler") having proximity sensors 60 mounted thereon for communicating to the labeling machine 20 either (1) the presence of an empty package 10 or (2) the absence of a package 10 expected to be present for labeling.”) positioned on the thermoforming packaging machine upstream from the upstream position of the labeling device to identify the presence of any unfilled product packages in the crosswise rows of product packages before they reach the upstream position of the labeling device; and to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors (see column 5, line 9, disclosing “In the present invention, sensors 60 are positioned in front of the label transport 24, preferably directly in front of the transporter 24 and over the row preceding the transporter 24 (as seen in the attached Figures), to detect the presence and absence of packaged articles 10 and their content. Thus, if a package 10 is absent from a stream of articles or does not contain product, the sensors 60 can alert the labeler 20 so that the labeler 20 does not dispense a label 30 for that missing article 10 or empty package 10.”). See Figure 7, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized using one or more sensors positioned on the thermoforming packaging machine upstream from the upstream position of the labeling device to identify the presence of any unfilled product packages in the crosswise rows of product packages before they reach the upstream position of the labeling device; and preventing the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors as taught by Harte ‘505 in order to prevent the labeling apparatus from unnecessarily dispensing labels and because the teachings of Harte ‘505 are expressly intended to be considered for combination with Harte ‘060 due to the incorporation by reference.
Austermeier discloses applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position and while the labeling device is moving from the upstream position to the downstream position. See especially paragraph 0039, disclosing:
[0039] FIG. 2 shows the label dispenser 10 with a carrier strip 13 for labels 8, where the labels 8 are removed from a dispensing edge 14 of the carrier strip 13 and transferred to the transfer device 12. The transfer device 12 is for better representation shown without a casing. By means of negative pressure generated by a fan, not shown, the labels 8 are with their non-adhesive top side held on conveyor belts 16, while a first row R1 of labels 8 is picked up with the number of tracks S from the transfer device 12. During this phase, a lifting device 17 of the transfer device 12 is in a pick-up position. In order to apply the row R1 of labels 8 downwardly onto the top film 4, the travel device 11 moves the label dispenser 10 with the transfer device 12 in or against the transport direction T to the position in which the row R1 of labels 8 is applied from above to the top film 4 The drive for the travel device 11 is embodied by a schematically illustrated motor 11a, for example a servo motor or stepper motor, and a toothed belt drive 11b. The transfer device 12, however, can also be positioned above the first row of packs 5, while the first row R1 of labels 8 is picked up.
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[0042] The method of the present invention is described as follows. After depositing the first row R1 of labels 8, the lifting device 12 again returns to the pick-up position in that the pusher plates 18 are moved vertically upwards in order to pick up a new row R2 of labels 8 from the dispensing unit 10 in order to then apply them to a neighboring row R2 of the packs previously provided with labels 5 or to the top film 4, respectively. For this, the travel device 11 moves the label dispenser 10 with the transfer device 12 in or against the transport direction T to this new position. This process is repeated according to the number of rows R to be labeled in a single work cycle. In order to reduce high accelerations and speeds during the movement of the label dispenser 10 together with the transfer device 12, and thereby to also increase the lifetime and to reduce the mechanical loads on the labeler 6, respectively, the labels 8 are deposited and pressed onto the top film 4 when the travel device 11 is activated and thereby a continuous movement of the transfer device 12 is effected. This means, that the label dispenser 10 together with the transfer device 12 is not halted for depositing the labels 8, but further moved until the work cycle is completed by setting down the last row R3 of labels 8.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized applying labels from the labeling device to the product packages while the labeling device is moving from the downstream position to the upstream position and while the labeling device is moving from the upstream position to the downstream position as taught by Austermeier so that that the label dispenser together with the transfer device is not halted for depositing the labels, but further moved until the work cycle is completed by setting down the last row of labels.
DE 102017124650 A1 discloses and makes obvious including sending package identification data (“a product identifier (29)”) identifying the presence of any unfilled product packages from the one or more sensors to a controller and then sending control data from the controller to the labeling device to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors. See the translation, disclosing:
The invention also relates to a method for packaging products cut into individual portions. This method has at least the following steps: Storing an individual product identifier to a product in a data management system, Transmitting the product identifier to a route controller, Disassembly of the product into several individual portions in a product processing machine, Tracking the position of the product and / or individual portions during their transport along a conveyor line extending at least from the product processing machine to a packaging machine, Determining or generating a packaging identifier associated with each individual packaging by means of the path control, - packaging the individual portions by means of the packaging machine, Generating an association between the product identifier and the packaging identifier of a package containing at least a portion of the product with the respective product identifier, and - Transmission of a product identifier associated packaging IDs and / or associated with a packaging ID product identifier to the data management system.
Analogous to the packaging system, the method according to the invention also offers the advantage, in contrast to conventional systems, of individually assigning a particular packaging identifier to each individual packaging and of linking this packaging identifier to the product identifier of that product which is contained in the packaging. In this way, at any later time by calling the packaging identifier, the respective product identifiers of the product contained in the packaging can be retrieved.
Packaging identification stamped directly into the packaging or printed on the packaging or on a provided for the packaging label. In this way, each packaging can be marked with its individual packaging identifier and the packaging identifier read later at any time.
It would be conceivable that the packaging identifier applied to a packaging or printed on is machine-readable and read out by means of a reading device. For this purpose, the packaging identifier may for example be configured as a print, also as a coded print, such as a bar code. Alternatively, it would be conceivable that a machine-readable RFID tag is attached to the packaging. This RFID tag can either be provided with a one-to-one, readable code as a packaging identifier before it is attached, or it can be writable and thus provided with such a code after being attached to the packaging.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized including sending package identification data identifying the presence of any unfilled product packages from the one or more sensors to a controller and then sending control data from the controller to the labeling device to prevent the labeling device from applying labels to any unfilled product packages in the crosswise rows of product packages detected by the one or more sensors as taught by DE 102017124650 A1 in order to by calling the packaging identifier, the respective product identifiers of the product contained in the packaging can be retrieved.
As to claim 22, Harte ‘960 does not disclose discloses wherein the labeling device applies the labels to the product packages while the crosswise rows of product packages are in the dwell interval. However, Harte does disclose intermittent advancement, i.e., dwell and advancing intervals. See paragraph 0031, disclosing “The machine 28 is designed to incrementally advance via powered roller chains a synthetic resin web 30 between an initial forming station wherein packages 32 are heat formed, and thence through a filling station where product is placed within the packages 32. At this point the filled packages are advanced to a sealing station where a top web is affixed to the filled packages 32. Thereafter, the sealed packages are separated and placed into cartons or the like for shipping. During course of operation of the machine 22, it is common to attach labels either to the undersides of the packages 32 and/or to the top web.”
Additionally, the combination of the Harte ‘960, Erhmann and Harte’s ‘505 would result in wherein the labeling device applies the labels to the product packages while the crosswise rows of product packages are in the dwell interval. See, Ehrmann, paragraph 0038, disclosing “FIG. 1 shows a thermo-forming packaging machine 1 according to one embodiment of the present invention operating intermittently (true-to-cycle) and comprising a machine frame 2 being oriented along a direction of production R.”
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the labeling device applies the labels to the product packages while the crosswise rows of product packages are in the dwell interval because Ehrmann teaches that an intermittently (true-to-cycle) mode of movement is used when a forming station forms the trays, and such an operation would allow overall movement.
As to claim 23, Harte ‘960 does not disclose in which the labeling device applies labels to the product packages in a preselected number of the crosswise rows of product packages during each dwell interval and the one or more sensors are positioned upstream from the upstream position of the labeling device a sufficient distance to identify the presence of any unfilled product packages in each of the preselected number of the crosswise rows of product packages before they reach the upstream position of the labeling device.
However, Harte ‘505 discloses in which the labeling device applies labels to the product packages in a preselected number of the crosswise rows of product packages during each dwell interval and the one or more sensors are positioned upstream from the upstream position of the labeling device a sufficient distance to identify the presence of any unfilled product packages in each of the preselected number of the crosswise rows of product packages before they reach the upstream position of the labeling device. See especially column 5, line 66, disclosing:
Since the sensors 60 are placed at least one row ahead of the row being labeled, the labeler 20 can call for a snapshot of the signals being given by the sensors 60 as they relate to the preceding row of articles 10. This snap-shot is taken before the labeler 20 advances over the relevant articles 10 and is stored into memory as a series of binary digits, ie., a status byte. If a sensor 60 detects a package article 10, i e., becomes excited, the sensor 60 was excited, a 1 will be stored into memory for that sensor 60, in a position in the series of bits that corresponds to the position of the sensor 60. In contrast, if a sensor 60 is not excited, meaning that the corresponding package 10 was either empty or absent, a 0 will be stored into memory in t