Prosecution Insights
Last updated: July 05, 2026
Application No. 18/457,648

METHOD FOR THE PRODUCTION MONITORING OF A LABELING MACHINE AND LABELING MACHINE FOR LABELING CONTAINERS

Non-Final OA §103
Filed
Aug 29, 2023
Priority
Sep 09, 2022 — DE 102022123054.6
Examiner
KOCH, GEORGE R
Art Unit
1745
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Krones AG
OA Round
3 (Non-Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
790 granted / 1086 resolved
+7.7% vs TC avg
Strong +18% interview lift
Without
With
+17.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
1124
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
78.4%
+38.4% vs TC avg
§102
3.2%
-36.8% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1086 resolved cases

Office Action

§103
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 . Terminal Disclaimer The terminal disclaimer filed on 3/2/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on Application Number 18/461438 has been reviewed and is accepted. The terminal disclaimer has been recorded. Response to Arguments Applicant’s terminal disclaimer and remarks filed 3/2/2026, with respect to the rejection(s) of claim(s) under double patenting over any patent granted on Application Number 18/461438 is persuasive in light of the terminal disclaimer. The double patenting rejection has been withdrawn. Applicant’s arguments, see applicant’s remarks, filed 3/2/2026, with respect to the rejection(s) of claim(s) 1, 4, 9, 11, 16 and 20 under 35 USC 103a based on Kasarin in view of the Plazonic have been fully considered but they are not persuasive. Similarly, the rejections of claims 2, 3, 5, 8, 10 and 12 under 35 USC 103a based on Kasarin, Plazonic and EP 3486185 A1 are maintained, the rejection of claims 6-7 and 13-15 under 35 USC 103 based on Kasarin, Plazonic and GB2507743A are maintained and the rejections of claims 17-19 under 35 USC 103 based on Kasarin, Plazonic and Voltmer are maintained. Applicant argues that “Starting with Kasarin, Applicant respectfully disagrees with the Office's assertion that Kasarin teaches calculating and outputting a remaining machine running time”. However, during examination, claims are given their broadest reasonable interpretation. See MPEP 2111. In this case, Kasarin recites in paragraph 0026. “This is because, if the characteristic state is known as accurately as possible, the time from which a further roll having labels or having a label strip can be fitted can be determined as precisely as possible.” Similarly, Plazonic in paragraph 0036 recites that “Said data processing system 102 matches said recorded parameters in a given time interval or continuously with said corresponding desired values to detect any deviation.”. These recitations of “time” are sufficient enough to read on applicant’s usage under the broadest reasonable interpretation standard. Additionally, Plazonic provides “a telemetric output interface” and “a telemetric input interface 104 to provide a possibility especially for the machine operator to intervene in case any deviation occurs”. This telemetric output and input interfaces are also recitations of “time” are sufficient enough to read on applicant’s usage under the broadest reasonable interpretation standard. Claim Objections Claim 1 is objected to because of the following informalities: “the filling state of the at least one label store” in line 5 should be replaced with “a filling state of the at least one label store” for clarity and consistency as this is the first recitation of this filling state. 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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: 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) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35 U.S.C. 112, sixth paragraph: (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) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. The term “transport means for continuously supplying containers” in claims 1, 8, 9 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses the word means that is coupled with functional language without reciting sufficient structure to perform the recited function. Paragraph 0003 discloses that the means can be a container carousel. This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of data transmission” in claim 5. The term “data transmission” connotes the structure or function – data being transmitted. “means of a distance sensor” in claim 6. The term “distance sensor” is sufficient structure to perform the function. “at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light” in claim 13 and 15. The term distance sensor in combination with ultrasound or laser light is sufficient structure to perform the function. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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 limitation(s) is/are: “cross-machine monitoring system for the digital location-independent monitoring” in claim 5 and “monitoring system” in claim 9, 10, 11, 12 . The specification discloses additional structures such as either an assembly controller, a machine controller, or a control unit (paragraph 0068) and condition monitoring tool / watchdog (paragraph 0066) and can include additional structure such as mobile terminals (paragraph 0069) and touchscreen (paragraph 0069), and can “configure error messages and/or control action” (paragraph 0079). A person of ordinary skill in the art would appreciate that the cross-machine monitoring system for the digital location-independent monitoring is a control unit or controller. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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, 4, 9, 11, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasarin (US 20180186497 A1) and Plazonic (US 20170183117 A1). As to claim 1, Kasarin discloses a method for the production monitoring of a labeling machine, which comprises a transport means for continuously supplying containers (paragraph 0062, “the containers are transported along a predefined transport path”), at least one labeling assembly for transferring labels to the containers (see paragraph 0065, disclosing “the supply unit is selected from a group of supply units that includes labelling apparatuses for containers”), and at least one label store (such as magazine 16, see also “label store”, paragraph 0080)for continuously supplying the labels for the transfer, wherein the filling state (paragraph 0016, “The diameter of a label roll, a film thickness and/or a length of labels, and/or a packaging film length, for example, could be detected”) of the label store is continuously measured and, on this basis, at least one remaining running time is calculated and output, which indicates how long labeling can still be carried out, at the filling state. (see paragraph 0016, for example). See also paragraph 0057, 0077-0080: [0016] The detection region may cover the region between the fitting device and the supply region completely or in part. This may in particular mean that the detection region includes all or part of the supply path of the product. The diameter of a label roll, a film thickness and/or a length of labels, and/or a packaging film length, for example, could be detected in order to calculate therefrom the number of labels/amount of packaging film on the roll, for example. … [0057] According to at least one embodiment, the fitting device comprises at least one label roll, the product to be supplied being labels. Therefore, as has already been described several times above, in actual fact the fitting device may also be merely a label roll. In this context, it is conceivable for the fitting device to be a labelling machine having two or more label rolls for wrap-around labelling. In this case, a changeover to the second roll (and back) can be carried out automatically. For this purpose, the rolls are adhesively bonded/connected to one other (manual preparation, the adhesive bonding takes place automatically during production). The labels are wrap-around labels and/or self-adhesive labels, for example. Said wrap-around labels can subsequently be shrunk to form shrunk labels. … [0076] A remaining amount M of the product to be supplied, on the fitting device 16, is determined on the basis of said characteristic state Z and/or said further characteristic state Zw during operation, a representative signal for a fitting changeover being emitted on the basis of said remaining amount M. [0077] In other words, the number of labels that are located in the supply path 6 during working operation can therefore be determined in order to carry out a roll changeover in a timely manner. Said value may be an absolute number of labels (for example, an output fitting amount), however, it would also be conceivable for a length of the label strip between the magazine 16 and the supply unit 14 to be defined as the output fitting amount. [0078] If, for example on account of an imminent product changeover, there are no more containers 10 in said detection region 180, this information can be transmitted to the provision unit or the magazine 16. On the basis of the number of containers between points A and B (that has been determined or is still to be determined) and on the basis of the also known number of labels in the supply path 6, the magazine or a controller (the detection unit 9 or the additional detection unit 26, for example) within said magazine can decide when the supply of labels 20 should be interrupted. [0079] The user can thus be advised to cut the label strip at a particular point, for example. Preferably, the region of the labels that is still located in the supply path 6 can then still be attached to the containers 10. In this way, said portion of labels is not wasted and does not have to be removed from the supply path in the event of a product changeover, which is sometimes very time-consuming. [0080] Thus, in a procedure given by way of example, a filling apparatus 2 may also signal an imminent product changeover, and/or transmit a signal that indicates that the filling apparatus is empty, to the labelling apparatus (also referred to as the supply unit) 14 or the magazine 16, or an additional detection unit 26 can, as mentioned, detect a shortage of containers. The magazine can then start to deplete its label store. As soon as a particular minimum is reached, the labelling device 14 preferably reduces its speed in order to minimize the risk of the strip tearing in the event of a malfunction. Kasarin, however, does not disclose that “a machine performance of the transport means and/or of the labeling assembly is continuously measured”, or remaining running time is calculated and outputted based on “machine performance” and “in the case of an assumed further course of machine performance” However, Plazonic discloses that a machine performance of the transport means and/or of the labeling assembly is continuously measured and that the remaining time is calculated and outputted based on machine performance in the case of an assumed further course of machine performance. Plazonic teaches in paragraph 0038 that “There is for example a first measuring unit comprising a thermometer 4, measuring devices 5 like hygrometers and barometers as well as a counter for the objects 306 entering the dispensing unit 304 at the starting point of the labelling process near to the unlabeled objects 306.” Paragraph 0049 additionally teaches “A further measuring unit comprising especially a thermometer 4 as well as said measuring devices 5 containing especially a hygrometer, a barometer and also a counter for the objects 306 leaving the dispensing unit 304 is positioned at the end of the labelling process near to the labeled objects 306 to secure and influence the drying process of the adhesive 302 onto said objects 306 and to get information about the number of labelled objects 306.” Paragraph 0017 discusses the advantages of counting, teaching that: [0017] A further advantage is to record the number and/or the temperature of the objects to be labeled and/or the temperature of the objects already labeled via respective sensors, which are connected to said control device. Preferably, only the objects, which were effectively labeled, are counted. Preferably, especially the number of objects running through the labelling machine in a specific period are counted as well the amount of adhesive used during this period. Preferably, the amount of used adhesive is determined via weighing of the adhesive reservoir and via checking the difference in weigh over said period. It is furthermore imaginable that the data processing system builds a ratio of the recorded values and compares the ratio with desired values. In addition it is also possible to count the objects, which were effectively labeled especially without counting the objects with incorrect labeling or other waste. 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 a machine performance of the transport means and/or of the labeling assembly is continuously measured and that the remaining time is calculated and outputted based on machine performance in the case of an assumed further course of machine performance as taught by Plazonic in order to allow the data processing system to builds a ratio of the recorded values and compares the ratio with desired values for labels that are effectively labeled especially without counting the objects with incorrect labeling or other waste. As to claim 4, Kasarin discloses wherein a remaining quantity of containers, which is still to be labeled in a manner typical of type, is furthermore continuously determined, and on this basis a supply forecast is calculated and output, which indicates whether the filling state is sufficient for labeling the remaining quantity. See paragraphs 0019-20, disclosing: [0019] However, it is also possible for the characteristic state to be, for example, a number of containers which, in particular before a product changeover, are still to be processed or combined with the product. Furthermore, the characteristic state could be a filling state of a transport apparatus. Thus, at the start of a transport path, it could for example be established whether any further containers will arrive and thus whether only the containers in the transport path have to be processed. In this case, the characteristic state is based on a distinction as to whether or not there is a container at a particular point in the installation. [0020] The characteristic state may also be, for example, a number of containers which—in particular before a product changeover (type changeover)—are still to be processed or combined with the product. Furthermore, the state could be a filling state of a transport apparatus. Thus, at the start of a transport path, it could be established, for example, whether any further containers will arrive and thus whether only the containers in the transport path have to be processed. In this case, the characteristic state is based on a distinction as to whether or not there is a container at a particular point in the installation. As to claim 9, Kasarin discloses a labeling machine for labeling containers, comprising: a transport means for continuously supplying the containers (paragraph 0062, “the containers are transported along a predefined transport path”); at least one labeling assembly for applying labels to the containers (see paragraph 0065, disclosing “the supply unit is selected from a group of supply units that includes labelling apparatuses for containers”); and at least one label store for continuously supplying the labels for the attachment thereof (such as magazine 16, see also “label store”, paragraph 0080); and a monitoring system (see paragraph 0022, disclosing “said characteristic state may also be predefined by the user or an automatic control system”) for the production monitoring of the labeling machine, wherein the monitoring system is designed for the ongoing measurement of the filling state (paragraph 0016, “The diameter of a label roll, a film thickness and/or a length of labels, and/or a packaging film length, for example, could be detected”) of the label store, and is programmed for calculating and outputting at least one associated remaining running time based thereon, in order to indicate how long labeling can still be carried out, at the filling state. See also paragraph 0057, 0077-0080: [0016] The detection region may cover the region between the fitting device and the supply region completely or in part. This may in particular mean that the detection region includes all or part of the supply path of the product. The diameter of a label roll, a film thickness and/or a length of labels, and/or a packaging film length, for example, could be detected in order to calculate therefrom the number of labels/amount of packaging film on the roll, for example. … [0057] According to at least one embodiment, the fitting device comprises at least one label roll, the product to be supplied being labels. Therefore, as has already been described several times above, in actual fact the fitting device may also be merely a label roll. In this context, it is conceivable for the fitting device to be a labelling machine having two or more label rolls for wrap-around labelling. In this case, a changeover to the second roll (and back) can be carried out automatically. For this purpose, the rolls are adhesively bonded/connected to one other (manual preparation, the adhesive bonding takes place automatically during production). The labels are wrap-around labels and/or self-adhesive labels, for example. Said wrap-around labels can subsequently be shrunk to form shrunk labels. … [0076] A remaining amount M of the product to be supplied, on the fitting device 16, is determined on the basis of said characteristic state Z and/or said further characteristic state Zw during operation, a representative signal for a fitting changeover being emitted on the basis of said remaining amount M. [0077] In other words, the number of labels that are located in the supply path 6 during working operation can therefore be determined in order to carry out a roll changeover in a timely manner. Said value may be an absolute number of labels (for example, an output fitting amount), however, it would also be conceivable for a length of the label strip between the magazine 16 and the supply unit 14 to be defined as the output fitting amount. [0078] If, for example on account of an imminent product changeover, there are no more containers 10 in said detection region 180, this information can be transmitted to the provision unit or the magazine 16. On the basis of the number of containers between points A and B (that has been determined or is still to be determined) and on the basis of the also known number of labels in the supply path 6, the magazine or a controller (the detection unit 9 or the additional detection unit 26, for example) within said magazine can decide when the supply of labels 20 should be interrupted. [0079] The user can thus be advised to cut the label strip at a particular point, for example. Preferably, the region of the labels that is still located in the supply path 6 can then still be attached to the containers 10. In this way, said portion of labels is not wasted and does not have to be removed from the supply path in the event of a product changeover, which is sometimes very time-consuming. [0080] Thus, in a procedure given by way of example, a filling apparatus 2 may also signal an imminent product changeover, and/or transmit a signal that indicates that the filling apparatus is empty, to the labelling apparatus (also referred to as the supply unit) 14 or the magazine 16, or an additional detection unit 26 can, as mentioned, detect a shortage of containers. The magazine can then start to deplete its label store. As soon as a particular minimum is reached, the labelling device 14 preferably reduces its speed in order to minimize the risk of the strip tearing in the event of a malfunction. Kasarin does not disclose the additional limitations of the monitoring system designed “and for the ongoing measurement of the machine performance of the transport means and/or of the labeling assembly” and is programmed “, in the case of an assumed further course of machine performance”. However, Plazonic discloses the additional limitations of the monitoring system designed “and for the ongoing measurement of the machine performance of the transport means and/or of the labeling assembly” and is programmed “, in the case of an assumed further course of machine performance”. Plazonic teaches in paragraph 0038 that “There is for example a first measuring unit comprising a thermometer 4, measuring devices 5 like hygrometers and barometers as well as a counter for the objects 306 entering the dispensing unit 304 at the starting point of the labelling process near to the unlabeled objects 306.” Paragraph 0049 additionally teaches “A further measuring unit comprising especially a thermometer 4 as well as said measuring devices 5 containing especially a hygrometer, a barometer and also a counter for the objects 306 leaving the dispensing unit 304 is positioned at the end of the labelling process near to the labeled objects 306 to secure and influence the drying process of the adhesive 302 onto said objects 306 and to get information about the number of labelled objects 306.” Paragraph 0017 discusses the advantages of counting, teaching that: [0017] A further advantage is to record the number and/or the temperature of the objects to be labeled and/or the temperature of the objects already labeled via respective sensors, which are connected to said control device. Preferably, only the objects, which were effectively labeled, are counted. Preferably, especially the number of objects running through the labelling machine in a specific period are counted as well the amount of adhesive used during this period. Preferably, the amount of used adhesive is determined via weighing of the adhesive reservoir and via checking the difference in weigh over said period. It is furthermore imaginable that the data processing system builds a ratio of the recorded values and compares the ratio with desired values. In addition it is also possible to count the objects, which were effectively labeled especially without counting the objects with incorrect labeling or other waste. 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 the additional limitations of the monitoring system designed “and for the ongoing measurement of the machine performance of the transport means and/or of the labeling assembly” and is programmed “, in the case of an assumed further course of machine performance” as taught by Plazonic in order to allow the data processing system to builds a ratio of the recorded values and compares the ratio with desired values for labels that are effectively labeled especially without counting the objects with incorrect labeling or other waste. As to claim 11, Kasarin discloses wherein the monitoring system is further designed to determine a remaining quantity of containers still to be labeled, and is programmed to calculate and output a storage forecast on this basis, which indicates whether the filling state is sufficient for labeling the remaining quantity. See paragraphs 0019-20, disclosing: [0019] However, it is also possible for the characteristic state to be, for example, a number of containers which, in particular before a product changeover, are still to be processed or combined with the product. Furthermore, the characteristic state could be a filling state of a transport apparatus. Thus, at the start of a transport path, it could for example be established whether any further containers will arrive and thus whether only the containers in the transport path have to be processed. In this case, the characteristic state is based on a distinction as to whether or not there is a container at a particular point in the installation. [0020] The characteristic state may also be, for example, a number of containers which—in particular before a product changeover (type changeover)—are still to be processed or combined with the product. Furthermore, the state could be a filling state of a transport apparatus. Thus, at the start of a transport path, it could be established, for example, whether any further containers will arrive and thus whether only the containers in the transport path have to be processed. In this case, the characteristic state is based on a distinction as to whether or not there is a container at a particular point in the installation. As to claim 16, Kasarin discloses a method for a labeling machine, comprising: continuously supplying containers to a labeling assembly via a transport means (paragraph 0062, “the containers are transported along a predefined transport path”); applying labels to the containers via a labeling assembly (see paragraph 0065, disclosing “the supply unit is selected from a group of supply units that includes labelling apparatuses for containers”); continuously supplying labels to the labeling assembly via a label store (such as magazine 16, see also “label store”, paragraph 0080); and monitoring production (see paragraph 0016) of the labeling machine via a monitoring system by: performing ongoing measurement of a filling state of the label store (paragraph 0016, “The diameter of a label roll, a film thickness and/or a length of labels, and/or a packaging film length, for example, could be detected”); and calculating and outputting at least one associated remaining running time based on the filling state in order to indicate how long labeling can still be carried out, at the filling state, in the case of an assumed further course of machine performance. Kasarin does not disclose monitoring production by “performing ongoing measurement of a machine performance of the transport means and/or of the labeling assembly” and does not disclose that the remaining running time is calculated and outputted based on “machine performance” and “in the case of an assumed further course of machine performance”; However, Plazonic discloses monitoring production by “performing ongoing measurement of a machine performance of the transport means and/or of the labeling assembly” and that the remaining running time is calculated and outputted based on “machine performance” and “in the case of an assumed further course of machine performance”. Plazonic teaches in paragraph 0038 that “There is for example a first measuring unit comprising a thermometer 4, measuring devices 5 like hygrometers and barometers as well as a counter for the objects 306 entering the dispensing unit 304 at the starting point of the labelling process near to the unlabeled objects 306.” Paragraph 0049 additionally teaches “A further measuring unit comprising especially a thermometer 4 as well as said measuring devices 5 containing especially a hygrometer, a barometer and also a counter for the objects 306 leaving the dispensing unit 304 is positioned at the end of the labelling process near to the labeled objects 306 to secure and influence the drying process of the adhesive 302 onto said objects 306 and to get information about the number of labelled objects 306.” Paragraph 0017 discusses the advantages of counting, teaching that: [0017] A further advantage is to record the number and/or the temperature of the objects to be labeled and/or the temperature of the objects already labeled via respective sensors, which are connected to said control device. Preferably, only the objects, which were effectively labeled, are counted. Preferably, especially the number of objects running through the labelling machine in a specific period are counted as well the amount of adhesive used during this period. Preferably, the amount of used adhesive is determined via weighing of the adhesive reservoir and via checking the difference in weigh over said period. It is furthermore imaginable that the data processing system builds a ratio of the recorded values and compares the ratio with desired values. In addition it is also possible to count the objects, which were effectively labeled especially without counting the objects with incorrect labeling or other waste. 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 monitoring production by “performing ongoing measurement of a machine performance of the transport means and/or of the labeling assembly” and that the remaining running time is calculated and outputted based on “machine performance” and “in the case of an assumed further course of machine performance” as taught by Plazonic in order to allow the data processing system to builds a ratio of the recorded values and compares the ratio with desired values for labels that are effectively labeled especially without counting the objects with incorrect labeling or other waste. As to claim 20, Kasarin discloses and makes obvious wherein calculating the remaining run time includes using performance-specific forecast values assigned to a particular assumed further course of the machine performance for respective consumables, including one or more of a maximum machine performance, an average machine performance, and a measured machine performance. See paragraphs 0037-39, disclosing using average machine performance for calculations, and paragraph 0078, disclosing when the supply of labels (a consumable) should be interrupted: [0037] According to at least one embodiment, the characteristic state is determined by the detection unit such that initially, during a determination process, the total amount of the previously produced product for a predefinable number of fitting devices is determined, and a mathematical average of the amount of the product produced per fitting device is subsequently determined in order to thus obtain an output fitting amount per fitting device, and the total amount being determined from a sum of sub-characteristic states of the individual fitting devices. In particular, the output fitting amount may be a starting amount of labels on a new roll. [0038] The mathematical average may be an arithmetic mean in which each of the individual amount values are mathematically equally weighted. However, alternatively the mathematical average may also be a median, geometric mean, harmonic mean, quadratic mean or cubic mean. Further alternatively, it is also conceivable for the mathematical average to be formed such that one or more determined amount values are incorporated into the determination of the mathematical average so as to have a lesser or greater weighting than other amount values. In this case, it is conceivable, for example, for the first amount value or another non-total number of the amount values to be incorporated into the average so as to have a lesser weighting than the other amount values. This could minimize as far as possible the influence of measurement inaccuracies on the average that are initially still present. [0039] Furthermore, the particular sub-characteristic states may be a value that is determined on the basis of a number of labels and/or a length of labels per label roll. … [0078] If, for example on account of an imminent product changeover, there are no more containers 10 in said detection region 180, this information can be transmitted to the provision unit or the magazine 16. On the basis of the number of containers between points A and B (that has been determined or is still to be determined) and on the basis of the also known number of labels in the supply path 6, the magazine or a controller (the detection unit 9 or the additional detection unit 26, for example) within said magazine can decide when the supply of labels 20 should be interrupted. Claim(s) 2, 3, 5, 8, 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasarin (US 20180186497 A1) and Plazonic (US 20170183117 A1) as applied to claims 1, 4, 9, 11, 16 and 20 above, and further in view of EP 3486185 A1. As to claim 2, Kasarin does not disclose wherein the filling state of at least one glue reservoir unit for the continuous provision of glue for attaching the labels to the containers is continuously measured, and at least one associated remaining running time is calculated and output, which indicates how long labeling can still be carried out, at the filling state of the glue reservoir unit, in the case of an assumed further course of machine performance. However, EP 3486185 A1 discloses and makes obvious wherein the filling state of at least one glue reservoir unit for the continuous provision of glue for attaching the labels to the containers is continuously measured, and at least one associated remaining running time is calculated and output, which indicates how long labeling can still be carried out, at the filling state of the glue reservoir unit, in the case of an assumed further course of machine performance. See the translation, disclosing: Preferably, the central glue supply further comprises a controller for determining and outputting a glue consumption per unit of time and / or per label area on the basis of a flow rate measured in the central glue line. This allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. … By means of a central control, the glue consumption, for example, per hour, per production layer, per weight unit of the label material and / or per unit area of the label material, can be output on a display unit, in particular a touchscreen. This allows a constant production control and, if necessary, a correction of machine parameters in the current production. … In this case, if appropriate, different types of glue can also be conveyed to individual labeling units 17 in parallel operated central glue lines 8, 9. Depending on the machine performance of the associated container labeling machine 1, the central glue supply 2 can work with suitably dimensioned and / or exchangeable storage containers 4, 5, 24, 25 during operation. With the aid of the controller 10, all parameters required for a reliable glue supply of the labeling units 17 can be monitored and / or adjusted centrally. In particular, with the central glue supply 2, a suitable operating pressure can be generated at the input of the labeling units 17 in order to apply cold glue to labels in an efficient manner by means of a glue jet from glue nozzles. Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized wherein the filling state of at least one glue reservoir unit for the continuous provision of glue for attaching the labels to the containers is continuously measured, and at least one associated remaining running time is calculated and output, which indicates how long labeling can still be carried out, at the filling state of the glue reservoir unit, in the case of an assumed further course of machine performance as taught by EP 3486185 A1 as this allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. As to claim 3, Kasarin does not disclose wherein it is further calculated and output which of the label stores and glue reservoir unit has the shortest remaining running time and/or must be refilled first. However, EP 3486185 A1 discloses and makes obvious wherein it is further calculated and output which of the label stores and glue reservoir unit has the shortest remaining running time and/or must be refilled first. See the translation, disclosing: Preferably, the central glue supply further comprises a controller for determining and outputting a glue consumption per unit of time and / or per label area on the basis of a flow rate measured in the central glue line. This allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. … By means of a central control, the glue consumption, for example, per hour, per production layer, per weight unit of the label material and / or per unit area of the label material, can be output on a display unit, in particular a touchscreen. This allows a constant production control and, if necessary, a correction of machine parameters in the current production. … In this case, if appropriate, different types of glue can also be conveyed to individual labeling units 17 in parallel operated central glue lines 8, 9. Depending on the machine performance of the associated container labeling machine 1, the central glue supply 2 can work with suitably dimensioned and / or exchangeable storage containers 4, 5, 24, 25 during operation. With the aid of the controller 10, all parameters required for a reliable glue supply of the labeling units 17 can be monitored and / or adjusted centrally. In particular, with the central glue supply 2, a suitable operating pressure can be generated at the input of the labeling units 17 in order to apply cold glue to labels in an efficient manner by means of a glue jet from glue nozzles. Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized wherein it is further calculated and output which of the label stores and glue reservoir unit has the shortest remaining running time and/or must be refilled first as taught by EP 3486185 A1 as this allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. As to claim 5, Kasarin does not disclose wherein the output of at least the remaining running time takes place by its localized display on the labeling machine and/or by means of data transmission to a cross-machine monitoring system for the digital location-independent monitoring of machine states. However, EP 3486185 A1 discloses and makes obvious wherein the output of at least the remaining running time takes place by its localized display on the labeling machine and/or by means of data transmission to a cross-machine monitoring system for the digital location-independent monitoring of machine states. In the context of glue per label, EP 3486185 A1 discloses output to a touchscreen display. See the translation, disclosing: Preferably, the central glue supply further comprises a controller for determining and outputting a glue consumption per unit of time and / or per label area on the basis of a flow rate measured in the central glue line. This allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. … By means of a central control, the glue consumption, for example, per hour, per production layer, per weight unit of the label material and / or per unit area of the label material, can be output on a display unit, in particular a touchscreen. This allows a constant production control and, if necessary, a correction of machine parameters in the current production. … In this case, if appropriate, different types of glue can also be conveyed to individual labeling units 17 in parallel operated central glue lines 8, 9. Depending on the machine performance of the associated container labeling machine 1, the central glue supply 2 can work with suitably dimensioned and / or exchangeable storage containers 4, 5, 24, 25 during operation. With the aid of the controller 10, all parameters required for a reliable glue supply of the labeling units 17 can be monitored and / or adjusted centrally. In particular, with the central glue supply 2, a suitable operating pressure can be generated at the input of the labeling units 17 in order to apply cold glue to labels in an efficient manner by means of a glue jet from glue nozzles. Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized wherein the output of at least the remaining running time takes place by its localized display on the labeling machine and/or by means of data transmission to a cross-machine monitoring system for the digital location-independent monitoring of machine states as taught by EP 3486185 A1 as this allows a constant production control and, if necessary, a correction of machine parameters in the current production As to claim 8, Kasarin does not disclose wherein at least the remaining running times for all labeling assemblies running on the labeling machine are displayed on a central touchscreen assigned to the transport means or on another centrally assigned screen. However, EP 3486185 A1 discloses and makes obvious wherein at least the remaining running times for all labeling assemblies running on the labeling machine are displayed on a central touchscreen assigned to the transport means or on another centrally assigned screen. In the context of glue per label, EP 3486185 A1 discloses output to a touchscreen display. See the translation, disclosing: Preferably, the central glue supply further comprises a controller for determining and outputting a glue consumption per unit of time and / or per label area on the basis of a flow rate measured in the central glue line. This allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. … By means of a central control, the glue consumption, for example, per hour, per production layer, per weight unit of the label material and / or per unit area of the label material, can be output on a display unit, in particular a touchscreen. This allows a constant production control and, if necessary, a correction of machine parameters in the current production. … In this case, if appropriate, different types of glue can also be conveyed to individual labeling units 17 in parallel operated central glue lines 8, 9. Depending on the machine performance of the associated container labeling machine 1, the central glue supply 2 can work with suitably dimensioned and / or exchangeable storage containers 4, 5, 24, 25 during operation. With the aid of the controller 10, all parameters required for a reliable glue supply of the labeling units 17 can be monitored and / or adjusted centrally. In particular, with the central glue supply 2, a suitable operating pressure can be generated at the input of the labeling units 17 in order to apply cold glue to labels in an efficient manner by means of a glue jet from glue nozzles. Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized wherein at least the remaining running times for all labeling assemblies running on the labeling machine are displayed on a central touchscreen assigned to the transport means or on another centrally assigned screen as taught by EP 3486185 A1 as this allows a constant production control and, if necessary, a correction of machine parameters in the current production As to claim 10, Kasarin does not disclose further comprising at least one glue reservoir unit for the continuous supply of glue for attaching the labels to the containers, wherein the monitoring system is further designed for the ongoing measurement of a filling state of the glue reservoir unit and is programmed for calculating and outputting at least one associated remaining running time based thereon, in order to indicate how long one can still label with the filling state at an assumed further course of machine performance. However, EP 3486185 A1 discloses and makes obvious further comprising at least one glue reservoir unit for the continuous supply of glue for attaching the labels to the containers, wherein the monitoring system is further designed for the ongoing measurement of a filling state of the glue reservoir unit and is programmed for calculating and outputting at least one associated remaining running time based thereon, in order to indicate how long one can still label with the filling state at an assumed further course of machine performance. See the translation, disclosing: Preferably, the central glue supply further comprises a controller for determining and outputting a glue consumption per unit of time and / or per label area on the basis of a flow rate measured in the central glue line. This allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. … By means of a central control, the glue consumption, for example, per hour, per production layer, per weight unit of the label material and / or per unit area of the label material, can be output on a display unit, in particular a touchscreen. This allows a constant production control and, if necessary, a correction of machine parameters in the current production. … In this case, if appropriate, different types of glue can also be conveyed to individual labeling units 17 in parallel operated central glue lines 8, 9. Depending on the machine performance of the associated container labeling machine 1, the central glue supply 2 can work with suitably dimensioned and / or exchangeable storage containers 4, 5, 24, 25 during operation. With the aid of the controller 10, all parameters required for a reliable glue supply of the labeling units 17 can be monitored and / or adjusted centrally. In particular, with the central glue supply 2, a suitable operating pressure can be generated at the input of the labeling units 17 in order to apply cold glue to labels in an efficient manner by means of a glue jet from glue nozzles. Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized further comprising at least one glue reservoir unit for the continuous supply of glue for attaching the labels to the containers, wherein the monitoring system is further designed for the ongoing measurement of a filling state of the glue reservoir unit and is programmed for calculating and outputting at least one associated remaining running time based thereon, in order to indicate how long one can still label with the filling state at an assumed further course of machine performance as taught by EP 3486185 A1 as this allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. As to claim 12, Kasarin does not disclose wherein the labeling machine comprises at least one touchscreen for the localized display of at least the remaining running time, and/or the monitoring system is designed for data transmission at least of the remaining running time to a cross-machine monitoring system for digital location-independent monitoring of machine states. However, EP 3486185 A1 discloses and makes obvious wherein the labeling machine comprises at least one touchscreen for the localized display of at least the remaining running time, and/or the monitoring system is designed for data transmission at least of the remaining running time to a cross-machine monitoring system for digital location-independent monitoring of machine states. In the context of glue per label, EP 3486185 A1 discloses output to a touchscreen display. See the translation, disclosing: Preferably, the central glue supply further comprises a controller for determining and outputting a glue consumption per unit of time and / or per label area on the basis of a flow rate measured in the central glue line. This allows quality control of the glue jet application on the labels and facilitates the calculation of the required glue levels and the calculation of times for a change to the delivery from an alternatively provided reservoir. … By means of a central control, the glue consumption, for example, per hour, per production layer, per weight unit of the label material and / or per unit area of the label material, can be output on a display unit, in particular a touchscreen. This allows a constant production control and, if necessary, a correction of machine parameters in the current production. … In this case, if appropriate, different types of glue can also be conveyed to individual labeling units 17 in parallel operated central glue lines 8, 9. Depending on the machine performance of the associated container labeling machine 1, the central glue supply 2 can work with suitably dimensioned and / or exchangeable storage containers 4, 5, 24, 25 during operation. With the aid of the controller 10, all parameters required for a reliable glue supply of the labeling units 17 can be monitored and / or adjusted centrally. In particular, with the central glue supply 2, a suitable operating pressure can be generated at the input of the labeling units 17 in order to apply cold glue to labels in an efficient manner by means of a glue jet from glue nozzles. Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized wherein the labeling machine comprises at least one touchscreen for the localized display of at least the remaining running time, and/or the monitoring system is designed for data transmission at least of the remaining running time to a cross-machine monitoring system for digital location-independent monitoring of machine states as taught by EP 3486185 A1 as this allows a constant production control and, if necessary, a correction of machine parameters in the current production Claim(s) 6-7 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasarin (US 20180186497 A1) and Plazonic (US 20170183117 A1) as applied to claims 1, 4, 9, 11, 16 and 20 above, and further in view of GB2507743A. As to claim 6, Kasarin discloses wherein for determining the filling state of the label store, the thickness of a label stack in a storage container currently used for label removal or the radius/diameter of a label roll currently used for label removal is used. See paragraph 0016, disclosing “The diameter of a label roll, a film thickness and/or a length of labels, and/or a packaging film length, for example, could be detected in order to calculate therefrom the number of labels/amount of packaging film on the roll, for example.” Kasarin does not disclose that this is measured continuously in a contactless manner by means of a distance sensor. GB2507743A discloses that an electromagnetic sensor may be used (“The electromagnetic radiation detector is chosen such that it can detect electromagnetic radiation which is produced by the electromagnetic radiation source (in this case in the visible spectrum). It will also be appreciated that in other embodiments, any appropriate electromagnetic radiation source may be used, providing the electromagnetic radiation detector is sensitive to the electromagnetic radiation produced by the electromagnetic radiation source.”), and teaches that “The displacement of the web along the web path calculated by the controller (based upon the sensor signal and the length of a portion of the label stock) may also be used to calculate the diameter of at least one of the take up spool or supply spool mounted on the take up spool support or supply spool support respectively.” GB2507743A also discloses: Any known appropriate sensor may be used in this regard. For example, if it is desired to measure the acoustic transmittance of a portion of the label stock, the sensor may comprise an acoustic generator configured to direct acoustic energy through a portion of the label stock, and an acoustic detector upon which acoustic energy which passes through said portion of the label stock is incident. If it is desired to measure the capacitance of a region which includes a portion of the label stock, a capacitive sensor may be used. If it is desired to measure a thickness of a portion of the label stock, an example of a sensor which may be used in some applications is a microswitch. The microswitch may include a lever portion which contacts the label stock. The lever acts as a distance magnifier. The lever is configured to contact the label stock as the label stock passes the lever. An end of the lever which contacts the label stock moves a relatively small distance between its position when the end of the lever is contacting a label of the label stock and its position when the end of the lever contacts the web of the label stock between labels. The relatively small distance between these positions is magnified by the lever such that the other end of the lever to that which contacts the label stock moves a relatively large distance which is significant enough to cause a change in state between on and off states of the microswitch. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention that the measurement is measured continuously in a contactless manner by means of a distance sensor as taught by GB2507743A in order to achieve accurate measurement of the diameter. As to claim 7, Kasarin does not disclose wherein a thickness of the labels is calculated on the basis of a decrease in the thickness of the label stack or the radius of the label roll measured over a production period and the number of labels processed meanwhile. GB2507743A discloses wherein a thickness of the labels is calculated on the basis of a decrease in the thickness of the label stack or the radius of the label roll measured over a production period and the number of labels processed meanwhile. GB2507743A discloses that an electromagnetic sensor may be used (“The electromagnetic radiation detector is chosen such that it can detect electromagnetic radiation which is produced by the electromagnetic radiation source (in this case in the visible spectrum). It will also be appreciated that in other embodiments, any appropriate electromagnetic radiation source may be used, providing the electromagnetic radiation detector is sensitive to the electromagnetic radiation produced by the electromagnetic radiation source.”), and teaches that “The displacement of the web along the web path calculated by the controller (based upon the sensor signal and the length of a portion of the label stock) may also be used to calculate the diameter of at least one of the take up spool or supply spool mounted on the take up spool support or supply spool support respectively.” GB2507743A also discloses “For example, at least one ultrasonic or laser distance measurer may be used to measure the position of the moving element.” GB2507743A also discloses: Any known appropriate sensor may be used in this regard. For example, if it is desired to measure the acoustic transmittance of a portion of the label stock, the sensor may comprise an acoustic generator configured to direct acoustic energy through a portion of the label stock, and an acoustic detector upon which acoustic energy which passes through said portion of the label stock is incident. If it is desired to measure the capacitance of a region which includes a portion of the label stock, a capacitive sensor may be used. If it is desired to measure a thickness of a portion of the label stock, an example of a sensor which may be used in some applications is a microswitch. The microswitch may include a lever portion which contacts the label stock. The lever acts as a distance magnifier. The lever is configured to contact the label stock as the label stock passes the lever. An end of the lever which contacts the label stock moves a relatively small distance between its position when the end of the lever is contacting a label of the label stock and its position when the end of the lever contacts the web of the label stock between labels. The relatively small distance between these positions is magnified by the lever such that the other end of the lever to that which contacts the label stock moves a relatively large distance which is significant enough to cause a change in state between on and off states of the microswitch. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention wherein a thickness of the labels is calculated on the basis of a decrease in the thickness of the label stack or the radius of the label roll measured over a production period and the number of labels processed meanwhile as taught by GB2507743A in order to achieve accurate measurement of the diameter. As to claim 13, Kasarin does not disclose wherein the labeling assembly comprises at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light, in order to measure the thickness of a label stack in a storage container currently used for label removal. GB2507743A discloses wherein the labeling assembly comprises at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light, in order to measure the thickness of a label stack in a storage container currently used for label removal.. GB2507743A discloses that an electromagnetic sensor may be used (“The electromagnetic radiation detector is chosen such that it can detect electromagnetic radiation which is produced by the electromagnetic radiation source (in this case in the visible spectrum). It will also be appreciated that in other embodiments, any appropriate electromagnetic radiation source may be used, providing the electromagnetic radiation detector is sensitive to the electromagnetic radiation produced by the electromagnetic radiation source.”), and teaches that “The displacement of the web along the web path calculated by the controller (based upon the sensor signal and the length of a portion of the label stock) may also be used to calculate the diameter of at least one of the take up spool or supply spool mounted on the take up spool support or supply spool support respectively.” GB2507743A also discloses “For example, at least one ultrasonic or laser distance measurer may be used to measure the position of the moving element.” GB2507743A also discloses: Any known appropriate sensor may be used in this regard. For example, if it is desired to measure the acoustic transmittance of a portion of the label stock, the sensor may comprise an acoustic generator configured to direct acoustic energy through a portion of the label stock, and an acoustic detector upon which acoustic energy which passes through said portion of the label stock is incident. If it is desired to measure the capacitance of a region which includes a portion of the label stock, a capacitive sensor may be used. If it is desired to measure a thickness of a portion of the label stock, an example of a sensor which may be used in some applications is a microswitch. The microswitch may include a lever portion which contacts the label stock. The lever acts as a distance magnifier. The lever is configured to contact the label stock as the label stock passes the lever. An end of the lever which contacts the label stock moves a relatively small distance between its position when the end of the lever is contacting a label of the label stock and its position when the end of the lever contacts the web of the label stock between labels. The relatively small distance between these positions is magnified by the lever such that the other end of the lever to that which contacts the label stock moves a relatively large distance which is significant enough to cause a change in state between on and off states of the microswitch. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention wherein the labeling assembly comprises at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light, in order to measure the thickness of a label stack in a storage container currently used for label removal as taught by GB2507743A in order to achieve accurate measurement of the diameter. As to claim 14, Kasarin does not disclose wherein the at least one distance sensor is further for determine the number for automatic replenishment of inserted full storage containers. GB2507743A discloses wherein the at least one distance sensor is further for determine the number for automatic replenishment of inserted full storage containers. GB2507743A discloses that an electromagnetic sensor may be used (“The electromagnetic radiation detector is chosen such that it can detect electromagnetic radiation which is produced by the electromagnetic radiation source (in this case in the visible spectrum). It will also be appreciated that in other embodiments, any appropriate electromagnetic radiation source may be used, providing the electromagnetic radiation detector is sensitive to the electromagnetic radiation produced by the electromagnetic radiation source.”), and teaches that “The displacement of the web along the web path calculated by the controller (based upon the sensor signal and the length of a portion of the label stock) may also be used to calculate the diameter of at least one of the take up spool or supply spool mounted on the take up spool support or supply spool support respectively.” GB2507743A also discloses “For example, at least one ultrasonic or laser distance measurer may be used to measure the position of the moving element.” GB2507743A also discloses: Any known appropriate sensor may be used in this regard. For example, if it is desired to measure the acoustic transmittance of a portion of the label stock, the sensor may comprise an acoustic generator configured to direct acoustic energy through a portion of the label stock, and an acoustic detector upon which acoustic energy which passes through said portion of the label stock is incident. If it is desired to measure the capacitance of a region which includes a portion of the label stock, a capacitive sensor may be used. If it is desired to measure a thickness of a portion of the label stock, an example of a sensor which may be used in some applications is a microswitch. The microswitch may include a lever portion which contacts the label stock. The lever acts as a distance magnifier. The lever is configured to contact the label stock as the label stock passes the lever. An end of the lever which contacts the label stock moves a relatively small distance between its position when the end of the lever is contacting a label of the label stock and its position when the end of the lever contacts the web of the label stock between labels. The relatively small distance between these positions is magnified by the lever such that the other end of the lever to that which contacts the label stock moves a relatively large distance which is significant enough to cause a change in state between on and off states of the microswitch. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention wherein the at least one distance sensor is further for determine the number for automatic replenishment of inserted full storage containers as taught by GB2507743A in order to achieve accurate measurement of the diameter. As to claim 15, Kasarin does not disclose wherein the labeling assembly comprises at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light for measuring the radius/diameter of a label roll currently used for label removal and for determining the number for automatic replenishment of inserted full label rollers. GB2507743A discloses wherein the labeling assembly comprises at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light for measuring the radius/diameter of a label roll currently used for label removal and for determining the number for automatic replenishment of inserted full label rollers. GB2507743A discloses that an electromagnetic sensor may be used (“The electromagnetic radiation detector is chosen such that it can detect electromagnetic radiation which is produced by the electromagnetic radiation source (in this case in the visible spectrum). It will also be appreciated that in other embodiments, any appropriate electromagnetic radiation source may be used, providing the electromagnetic radiation detector is sensitive to the electromagnetic radiation produced by the electromagnetic radiation source.”), and teaches that “The displacement of the web along the web path calculated by the controller (based upon the sensor signal and the length of a portion of the label stock) may also be used to calculate the diameter of at least one of the take up spool or supply spool mounted on the take up spool support or supply spool support respectively.” GB2507743A also discloses “For example, at least one ultrasonic or laser distance measurer may be used to measure the position of the moving element.” GB2507743A also discloses: Any known appropriate sensor may be used in this regard. For example, if it is desired to measure the acoustic transmittance of a portion of the label stock, the sensor may comprise an acoustic generator configured to direct acoustic energy through a portion of the label stock, and an acoustic detector upon which acoustic energy which passes through said portion of the label stock is incident. If it is desired to measure the capacitance of a region which includes a portion of the label stock, a capacitive sensor may be used. If it is desired to measure a thickness of a portion of the label stock, an example of a sensor which may be used in some applications is a microswitch. The microswitch may include a lever portion which contacts the label stock. The lever acts as a distance magnifier. The lever is configured to contact the label stock as the label stock passes the lever. An end of the lever which contacts the label stock moves a relatively small distance between its position when the end of the lever is contacting a label of the label stock and its position when the end of the lever contacts the web of the label stock between labels. The relatively small distance between these positions is magnified by the lever such that the other end of the lever to that which contacts the label stock moves a relatively large distance which is significant enough to cause a change in state between on and off states of the microswitch. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention wherein the labeling assembly comprises at least one distance sensor which operates in a contactless manner by means of ultrasound or laser light for measuring the radius/diameter of a label roll currently used for label removal and for determining the number for automatic replenishment of inserted full label rollers as taught by GB2507743A in order to achieve accurate measurement of the diameter. Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasarin (US 20180186497 A1) and Plazonic (US 20170183117 A1) as applied to claims 1, 4, 9, 11, 16 and 20 above, and further in view of Voltmer (US 5256239 A). As to claim 17, Kasarin does not disclose wherein performing ongoing measurement of the machine performance of the transport means includes monitoring a transport speed of the transport means. Plazonic discloses performing ongoing measurement of the machine performance, but does not disclose that this includes monitoring a transport speed of the transport means. Plazonic only discloses motion sensor 6, which in paragraph 0041 teaches that “The motion sensor 6 is used to get information about any movement of the objects 306 through the labeling machine 300.” Plazonic further teaches that “It is also possible to provide a camera or any other device for optical surveillance connected via said bus system to said control device 100 to check the position of the label 307 or any other characteristic of the labeled object 306.” However, Voltmer discloses monitoring a transport speed of the transport means is known in the art. Voltmer teaches that the prior art is known to operate in column 1, lines 38-42, such that “The speed of advance of the articles and the speed of advance of the web are sensed continuously and the speed of advance of the web is adjusted as necessary to match the speed of advance of the articles.” 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 monitoring a transport speed of the transport means as taught by Voltmer in order to achieve the necessary speed matching. As to claim 18, Kasarin does not disclose wherein performing ongoing measurement of the machine performance of the labeling assembly includes monitoring a transport speed of the labeling assembly. Plazonic discloses performing ongoing measurement of the machine performance, but does not disclose that this includes monitoring a transport speed of the labeling assembly. Plazonic only discloses motion sensor 6, which in paragraph 0041 teaches that “The motion sensor 6 is used to get information about any movement of the objects 306 through the labeling machine 300.” Plazonic further teaches that “It is also possible to provide a camera or any other device for optical surveillance connected via said bus system to said control device 100 to check the position of the label 307 or any other characteristic of the labeled object 306.” However, Voltmer discloses monitoring a transport speed of the labeling assembly is known in the art. Voltmer teaches that the prior art is known to operate in column 1, lines 38-42, such that “The speed of advance of the articles and the speed of advance of the web are sensed continuously and the speed of advance of the web is adjusted as necessary to match the speed of advance of the articles.” 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 monitoring a transport speed of the labeling assembly as taught by Voltmer in order to achieve the necessary speed matching. As to claim 19, Kasarin does not disclose wherein performing ongoing measurement of the machine performance includes performing drive monitoring. Plazonic discloses performing ongoing measurement of the machine performance, but does not disclose that this includes performing drive monitoring. Plazonic only discloses motion sensor 6, which in paragraph 0041 teaches that “The motion sensor 6 is used to get information about any movement of the objects 306 through the labeling machine 300.” Plazonic further teaches that “It is also possible to provide a camera or any other device for optical surveillance connected via said bus system to said control device 100 to check the position of the label 307 or any other characteristic of the labeled object 306.” However, Voltmer discloses wherein performing ongoing measurement of the machine performance includes performing drive monitoring is known in the art. Voltmer teaches that the prior art is known to utilize drive monitoring in column 3, lines 63, teaching that “the movable sensor detects the leading edge of a label and if the leading edge is out of position, the movable sensor causes the feedroll to make compensating correction to synchronize the occurrence of the index pulse generated by the encoder with the instant when the leading label edge passes the movable sensor, the correction being effected by increasing or decreasing web speed as required.” Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention wherein performing ongoing measurement of the machine performance includes performing drive monitoring as taught by Voltmer in order to make compensating correction. Conclusion THIS ACTION IS MADE FINAL. 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 GEORGE R KOCH whose telephone number is (571)272-5807. The examiner can also be reached by E-mail at george.koch@uspto.gov if the applicant grants written authorization for e-mails. Authorization can be granted by filling out the USPTO Automated Interview Request (AIR) Form. The examiner can normally be reached M-F 10-6:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PHILIP C TUCKER can be reached at (571)272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GEORGE R KOCH/Primary Examiner, Art Unit 1745 GRK
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Prosecution Timeline

Aug 29, 2023
Application Filed
May 21, 2025
Non-Final Rejection mailed — §103
Aug 21, 2025
Response Filed
Dec 02, 2025
Non-Final Rejection mailed — §103
Mar 02, 2026
Response Filed
Apr 08, 2026
Final Rejection mailed — §103
Jun 08, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12662281
HIGH-RATE LABEL APPLICATOR METHOD AND APPARATUS
2y 8m to grant Granted Jun 23, 2026
Patent 12636841
IN-PROCESS INSPECTION TOOL
2y 3m to grant Granted May 26, 2026
Patent 12631403
METHOD OF MAKING AND A METHOD OF USING A THERMAL TRANSFER BLANKET SYSTEM
4y 9m to grant Granted May 19, 2026
Patent 12606400
DEVICE AND METHOD FOR PROCESSING A STRAND OF CUSHIONING MATERIAL, AND CUSHIONING MATERIAL COIL
3y 4m to grant Granted Apr 21, 2026
Patent 12577065
CONVEYING APPARATUS AND PEELING APPARATUS
3y 6m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+17.7%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1086 resolved cases by this examiner. Grant probability derived from career allowance rate.

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