Prosecution Insights
Last updated: April 19, 2026
Application No. 18/550,260

METHOD FOR PLACING A LABEL ON MOULDED PACKAGING, TOOLING FOR IMPLEMENTING SAID METHOD, INSTALLATION COMPRISING SAID TOOLING AND PACKAGING OBTAINED

Non-Final OA §103§112
Filed
Sep 12, 2023
Examiner
KOCH, GEORGE R
Art Unit
1745
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Machines Pages
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
781 granted / 1075 resolved
+7.7% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
44 currently pending
Career history
1119
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1075 resolved cases

Office Action

§103 §112
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 . Election/Restrictions Applicant’s election without traverse of group I, claims 1-6 in the reply filed on 9/12/2025 is acknowledged. 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. This application includes one or more claim limitations that do the word “means,” and therefore are 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 the word “means” 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: “means of activation of the securing process” in claim 1. The specification discloses in paragraph 0017 that “where the means of activation of the securing process consists of at least one plate”. See also paragraph 0020, disclosing “[0020] According to a variant of the method according to the invention, the activation of the adhesive by the at least one heating plate is combined with cooling from the inside of the wall(s) of the package.”, and paragraph 0064-66, disclosing “[0064] Further, the plates 70 and 71 incorporate means for activation of the securing process, which may be of different kinds. [0065] In this case, preferably but without limitation, these plates 70 and 71 are heating, in order to activate an adhesive deposited on the label 1. [0066] In practice, the plates 70 and 71 are each equipped with a resistance 72 combined with a conducting element inserted between an external insulating layer 73, and a covering intended to come into contact with the label 2, which for the plate 70 consists of a heat resistant and anti-adhesive covering 74 such as a polytetrafluoroethylene covering, known in particular under the tradename Teflon®, and for the plates 71 of a flexible covering 75 formed of silicone loaded with a thermally conducting material.” 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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "possibly turning over said package, opening turned downward" in lines 6-7. This language is indefinite because it is unclear if the term possibly is to be treated as an optional limitation. It is also unclear if the term possibly applies to “opening turned downward”. See MPEP 2173.05(h). Claim 1 recites the limitation "opening turned downward" in line 6-7 and again in line 9-11. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the term “opening” should be interpreted structurally or as a step; it appears from the specification that term is a structural term defining an opening of the package, and that the first instance should be “an opening” and the second instance should recite “the opening”. It is suggested that applicant reword the claim in line 6-7 and 9-10make clear the relationship between the package, the opening and the steps of supplying (and possibly turning) and positioning and holding. Claim 1 recites the limitation "the inside" in line 8. There is insufficient antecedent basis for this limitation in the claim. This appears to be the first instance of the feature of the inside and the examiner suggests amending the line to recite “an inside of the package”. Claim 1 recites the limitation "the outside" in line 11. There is insufficient antecedent basis for this limitation in the claim. This appears to be the first instance of the feature of the outside and the examiner suggests amending the line to recite “an outside”. Claim 1 recites the limitation "said packaging" in line 16. There is insufficient antecedent basis for this limitation in the claim. This appears to be the first instance of the feature of packaging, and this appears to be the same limitation of “the package” used earlier in the claim and it is unclear how the package relates to the packaging. The examiner suggests amending the line to recite “said package” (or “the package”) for consistency. Claim 1 recites the limitation " the securing process" in line 17. There is insufficient antecedent basis for this limitation in the claim. This appears to be the first instance of the feature of a securing process and appears to be a different securing than the spotwise securing in line 15. The examiner suggests amending the line to recite “a securing process”. Claims 2-6 are rejected based on their dependency from claim 1. Claim 2 recites the limitation "the outer wall" in line 2. There is insufficient antecedent basis for this limitation in the claim. This is the first instance of any outer wall in the claim and additionally appears to be the same limitation or feature as “at least one peripheral wall” as used claim 1, line 3, and the examiner suggests using consistence language. Claim 2 recites the limitation "the packaging" in line 5. There is insufficient antecedent basis for this limitation in the claim. This appears to be the same limitation of “the package” and it is unclear how the package relates to the packaging. The examiner suggests amending claim 2 to recite “said package” (or “the package”) for consistency. 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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alvarez (US 20060005917 A1), Busse (US 20190185195 A1), and Kaminga (JP 2001097351 A). As to claim 1, Alvarez discloses a method for placing a decoration and/or information support label on a package being molded (see paragraph 0061, reciting “a labeled, molded foam containers”).and being comprised of a bottom and at least one peripheral wall (see also Figures 7-10), the method comprising the following steps: supplying said package, the opening turned downward (see Figure 3); holding said package by the inside (see Figure 3); positioning and holding said label above said package, the opening turned downward; driving said package in displacement, and bringing the outside of the bottom thereof into contact with said label (See paragraph 0039-40, disclosing: [0039] Optionally, the work piece 30 may be configured to be driven downward to apply pressure to a plastic foam container 17 and label 13 disposed on the mandrel 14. Pressure may be applied mechanically or by air pressure. It has been found that application of pressure promotes quicker and more homogenous bonding between the label 13 and the foam container 17. Further, it has been found that heat transfer to bond containers to the labels 13 is improved by using air pressure or mechanical pressure inside the pocket. [0040] At a fourth station 26, labeled foam containers 15 are removed from the turret 14. Removal may be accomplished by techniques well known in the art, such as, for example, suction. ); eliminating the holding of said label, where this step may be done before the preceding step or after the following step (see paragraph 0041, disclosing [0041] Reference is now made to FIGS. 4, 5 and 6. The sleeve transfer device 40 inserts the label 13 onto the unlabeled plastic foam cup 17 that has already been placed on the mandrel 14 at the first station 20. The mechanism illustrated in the figure is conformed for a rotating table 44 driven from an index device 45 having, for example, four positions. The index device 45 is driven by an electric drive 46 which may include a gear box 47. The index device 45 may have four positions. At the 90.degree. position, unfolded labels 13 are wrapped in a mandrel 42 by two cone shaped revolving wings 41, 43. The sleeve is held to the mandrel 42 by a vacuum and the seam of the label 13 is formed. The rotating table 44 is then moved to the 180.degree. position for cooling the labels 13 and then moved to the 270.degree. position where vacuum is turned off and the label 13 is released from the mandrel 42 to the transfer pocket 48 horizontally. The label 13 is affixed to the transfer pocket 48 by vacuum and moved by a pneumatic linear cylinder 51 to rotate the label 13 90.degree. so as to position the label 13 over the mandrel 14 at the second station 22 for applying the label 13 to the foam container 17. The vacuum in the transfer pocket 48 is turned off to deliver the label 13 to the foam container 17 in the second station 22. ); indexing and spotwise securing of said label on said bottom (see paragraph 0039, disclosing: [0039] Optionally, the work piece 30 may be configured to be driven downward to apply pressure to a plastic foam container 17 and label 13 disposed on the mandrel 14. Pressure may be applied mechanically or by air pressure. It has been found that application of pressure promotes quicker and more homogenous bonding between the label 13 and the foam container 17. Further, it has been found that heat transfer to bond containers to the labels 13 is improved by using air pressure or mechanical pressure inside the pocket. ); moving said packaging and positioning the bottom thereof opposite means of activation of the securing process; bringing said bottom and the label into contact with said activation means; activating of the process for securing the label; and removing said labeled package. (See paragraph 0035-38, disclosing [0035] As illustrated in FIG. 1, at a first station 20 unlabeled plastic foam containers 17 are placed onto the mandrels 14 from the cup dispensing apparatus 19 via an actuator 28. The cup dispensing apparatus may include a rotating turret that automatically loads the unlabeled plastic foam containers 17 onto the mandrels 14. At a second station 22, the label 13 is applied to the plastic foam container 17 as discussed in more detail below. At a third station 24, the label 13 is bonded to the plastic foam container 17 to form the labeled plastic foam container 15. The labeled plastic foam container 15 is removed from the mandrel 14 at a fourth station 26. [0036] Reference is now made to FIG. 3. At a third station 24, there is provided a work piece 30, formed as a metal cylinder. The work piece 30 attaches to a vertical shaft 31 which is driven pneumatically, according to techniques known in the art, to raise and lower as illustrated in FIGS. 1 and 3. In accordance with one feature of the invention, the work piece 30 has a cavity or pocket 32 formed within it. In this embodiment, the open end of the cavity faces downward toward the turret 12. [0037] The cavity or pocket 32 has a tapered shape, configured to conform to the outer dimensions of a plastic foam container disposed on a mandrel 14. The cavity or pocket 32 is configured in conformance with the shape of the mandrels 14. As illustrated in FIGS. 1 and 3, a pneumatic piston drives the cavity vertically (upward and downward in this view) toward an opposing mandrel 14 disposed beneath the cavity 32. [0038] According to a feature of the invention, the cylindrically-shaped work piece 30 that includes the cavity 32 is heated so that it can be used to bond a label to a plastic foam container disposed on a the mandrel 14. In this example, the work piece 30 is connected to a steam inlet line 34. Steam is fed through the steam inlet line 34 to the interior 36 of the cylindrically-shaped piece 30, by which the inner surface 35 of the cavity 32 may be rapidly heated. Application of steam may be controlled automatically for example, with a controller actuated valve (not shown) and steam condensate is removed via steam condensate line 38. While it has been found that steam heating provides many advantages, particularly rapid heating, other techniques for heating the cavity are possible, such as electric or gas heaters, or other heating elements. Such devices can be adapted to achieve similar results but will, of course, typically involve different energy costs and yields. It has been found that the use of steam is particularly advantageous for use with EPS containers due to its efficiency. Further, steam is typically used in manufacturing EPS containers and is therefore readily available. ). See Figure 1, 2 and 3, below: PNG media_image1.png 646 868 media_image1.png Greyscale PNG media_image2.png 506 902 media_image2.png Greyscale PNG media_image3.png 1018 804 media_image3.png Greyscale Alvarez does not disclose that a package being molded of natural fibers. Busse does not suggest a package being molded of natural fibers, but performs a similar method as Alverez. However, Busse teaches in paragraph 0031 that “In certain embodiments, the system described below may be used to produce labeled, plastic foam containers, such as labeled expanded polystyrene (EPS) cups. However, the system is not limited to EPS cups and instead may be used to label other types of frusto-conical containers.” Paragraph 0044 discloses applying heat to bond the label to the cup: [0044] When mated with the cup-receiving mandrel 154, the bonding receptacle 155 is configured to bond the label to the cup blank to produce a labeled cup 15. In certain embodiments, the bonding receptacle 155 applies heat to the cup-receiving mandrel 154 to bond the label 4 to the cup blank 5. For example, each of the bonding receptacles 155 may be connected to a hot oil manifold configured to distribute hot oil to the bonding receptacles 155 to apply heat to the cup-receiving mandrels 154. See also Figure 1, below, showing a machine that applies heat to similarly shaped containers/packages as that in Alvarez: PNG media_image4.png 650 828 media_image4.png Greyscale Kaminga discloses a pulp mold container can be a beneficial improvement over plastic containers such as that in Alvarez. Kaminga, in the abstract, discloses: PROBLEM TO BE SOLVED: To provide a pulp mold container and its manufacturing method in which even if the container is ignited, toxic substances are hardly generated, it can be recycled as recycled paper, it has a biodegradable characteristic and a degree of freedom in its shape, aesthetic appearance in fine color printing and it can be manufactured as inexpensive possible while a requisite function or strength is assured. SOLUTION: A method for manufacturing a pulp mold container in which pulp slurry is sucked onto a mold and dewatered is carried out such that a sheet having a predetermined shape with a base material of paper or the like being applied as a base or already molded product is arranged at the surface of a mold semi-processed material sucked and dewatered on the mold, thereafter the material is fitted and press molded to provide a pulp molded container. … [0007] In view of such a background, the present invention provides a pulp mold that hardly generates harmful substances even when incinerated, is recyclable as recycled paper, has biodegradability, and has a degree of freedom in shape. It is an object of the present invention to provide a pulp mold container which has aesthetics by fine color printing, has necessary functions and strength, and can be manufactured at the lowest possible cost, and a method for manufacturing the pulp mold container. Kaminga discloses in the translation that “Finally, by providing a label layer formed by fine color printing such as gravure printing or offset printing, it is possible to obtain a pulp mold container excellent in cosmetics, which cannot be obtained by conventional printing on the surface of a pulp mold.” See Figures 1-5, below: PNG media_image5.png 520 920 media_image5.png Greyscale 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 a package being molded of natural fibers such as that in Kaminga in order to utilize a package that hardly generates harmful substances even when incinerated, is recyclable as recycled paper, has biodegradability, and has a degree of freedom in shape and because Busse suggests that a label application system and method is not limited to EPS cups and instead may be used to label other types of frusto-conical containers As to claim 2, Alvarez discloses where the label comprises a part intended to cover at least a part of the outer wall of the package, the method further comprising, before activation of the securing method, the following steps: moving the packaging and positioning the bottom and the wall(s) thereof opposite means of activation of the securing process; bringing said bottom and the label into contact with the activation means; and moving other activation means towards said wall(s) of the package and application against the label. See paragraphs 0038-41 (cited above) and paragraph 0042, cited below: [0042] In operation, an unlabeled plastic foam cup, preferably made of EPS, is placed on a mandrel 14 at the first station 20. The turret 12 indexes by 90 degrees, forwarding the unlabeled container 17 to the second station 22, at which a label 13 is applied to an exterior surface of the plastic foam container 17 to form the labeled foam container 15. The turret 12 indexes an additional 90 degrees, forwarding the plastic foam container with the unbonded label 13 to the third station 24. At the third station, the heated cavity 32 is lowered over the mandrel 14 onto which the foamed container 17 is positioned, so as to substantially surround the exterior surface to which the label 13 is applied. The cavity 32 heats the plastic foam container 17 at the exterior surface to which the label 13 is applied, at a temperature and a time sufficient to bond the label to exterior surface of the foamed container 17 to form the labeled foam container 15. The resulting labeled, plastic foam container 15 is indexed to the fourth station 26, at which it is removed from the turret 12 and the mandrel 14. As to claim 3, Alverez discloses wherein the step of the indexing and spotwise securing of said label on said bottom is implemented by at least one punch. See paragraphs 0038-41 (cited above) and paragraph 0042, cited below: [0042] In operation, an unlabeled plastic foam cup, preferably made of EPS, is placed on a mandrel 14 at the first station 20. The turret 12 indexes by 90 degrees, forwarding the unlabeled container 17 to the second station 22, at which a label 13 is applied to an exterior surface of the plastic foam container 17 to form the labeled foam container 15. The turret 12 indexes an additional 90 degrees, forwarding the plastic foam container with the unbonded label 13 to the third station 24. At the third station, the heated cavity 32 is lowered over the mandrel 14 onto which the foamed container 17 is positioned, so as to substantially surround the exterior surface to which the label 13 is applied. The cavity 32 heats the plastic foam container 17 at the exterior surface to which the label 13 is applied, at a temperature and a time sufficient to bond the label to exterior surface of the foamed container 17 to form the labeled foam container 15. The resulting labeled, plastic foam container 15 is indexed to the fourth station 26, at which it is removed from the turret 12 and the mandrel 14. As to claim 4, Alverez discloses wherein the step of indexing and spotwise securing the label comprises the steps of: coating the label or at least one peripheral wall of the package with a heat activatable adhesive, wherein the means of activation of the securing process comprises at least one plate, and wherein the application phase of the at least one plate (see paragraph 0038, disclosing “other techniques for heating the cavity are possible, such as electric or gas heaters, or other heating elements”) against the label is followed by the following steps: heating the at least one plate if it is not already at a defined temperature suited for activating the adhesive; compressing the label against the package, withdrawing the at least one plate; and removing said labeled package. See paragraphs 0038-41 (cited above) and paragraph 0042, cited below: [0042] In operation, an unlabeled plastic foam cup, preferably made of EPS, is placed on a mandrel 14 at the first station 20. The turret 12 indexes by 90 degrees, forwarding the unlabeled container 17 to the second station 22, at which a label 13 is applied to an exterior surface of the plastic foam container 17 to form the labeled foam container 15. The turret 12 indexes an additional 90 degrees, forwarding the plastic foam container with the unbonded label 13 to the third station 24. At the third station, the heated cavity 32 is lowered over the mandrel 14 onto which the foamed container 17 is positioned, so as to substantially surround the exterior surface to which the label 13 is applied. The cavity 32 heats the plastic foam container 17 at the exterior surface to which the label 13 is applied, at a temperature and a time sufficient to bond the label to exterior surface of the foamed container 17 to form the labeled foam container 15. The resulting labeled, plastic foam container 15 is indexed to the fourth station 26, at which it is removed from the turret 12 and the mandrel 14. As to claim 5, Alvarez discloses wherein the activation of the adhesive by the at least one heating plate (see paragraph 0038, disclosing “other techniques for heating the cavity are possible, such as electric or gas heaters, or other heating elements”) is combined with a step of cooling from the inside of the walls of the package. See paragraph 0041, disclosing [0041] Reference is now made to FIGS. 4, 5 and 6. The sleeve transfer device 40 inserts the label 13 onto the unlabeled plastic foam cup 17 that has already been placed on the mandrel 14 at the first station 20. The mechanism illustrated in the figure is conformed for a rotating table 44 driven from an index device 45 having, for example, four positions. The index device 45 is driven by an electric drive 46 which may include a gear box 47. The index device 45 may have four positions. At the 90.degree. position, unfolded labels 13 are wrapped in a mandrel 42 by two cone shaped revolving wings 41, 43. The sleeve is held to the mandrel 42 by a vacuum and the seam of the label 13 is formed. The rotating table 44 is then moved to the 180.degree. position for cooling the labels 13 and then moved to the 270.degree. position where vacuum is turned off and the label 13 is released from the mandrel 42 to the transfer pocket 48 horizontally. The label 13 is affixed to the transfer pocket 48 by vacuum and moved by a pneumatic linear cylinder 51 to rotate the label 13 90.degree. so as to position the label 13 over the mandrel 14 at the second station 22 for applying the label 13 to the foam container 17. The vacuum in the transfer pocket 48 is turned off to deliver the label 13 to the foam container 17 in the second station 22. As to claim 6, Alvarez discloses wherein the process of securing the label is comprised of an adhesive activatable by moisture, and wherein the label or the peripheral wall of the package is coated with an adhesive reactive with moisture. See paragraph 0038, which discloses using steam and steam condensate to activate the labels: [0038] According to a feature of the invention, the cylindrically-shaped work piece 30 that includes the cavity 32 is heated so that it can be used to bond a label to a plastic foam container disposed on a the mandrel 14. In this example, the work piece 30 is connected to a steam inlet line 34. Steam is fed through the steam inlet line 34 to the interior 36 of the cylindrically-shaped piece 30, by which the inner surface 35 of the cavity 32 may be rapidly heated. Application of steam may be controlled automatically for example, with a controller actuated valve (not shown) and steam condensate is removed via steam condensate line 38. While it has been found that steam heating provides many advantages, particularly rapid heating, other techniques for heating the cavity are possible, such as electric or gas heaters, or other heating elements. Such devices can be adapted to achieve similar results but will, of course, typically involve different energy costs and yields. It has been found that the use of steam is particularly advantageous for use with EPS containers due to its efficiency. Further, steam is typically used in manufacturing EPS containers and is therefore readily available. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE R KOCH whose telephone number is (571)272-1230. (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
Read full office action

Prosecution Timeline

Sep 12, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection — §103, §112
Apr 04, 2026
Response after Non-Final Action

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+17.6%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1075 resolved cases by this examiner. Grant probability derived from career allow rate.

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