Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This action is in response to applicant amendment received on 08/11/2025:
Amendments of Claims 1 to 13 are acknowledged.
Cancelation of Claim 15 is acknowledged.
Replacement Sheets for Drawing are acknowledged.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3 to 11 are rejected under 35 U.S.C. 103 as being unpatentable over Weber (DE 102019101852) in view of Haak (DE 102016203816).
Regarding Claims 1 and 6:
Weber discloses a packaging apparatus for articles to be packaged (Figure 1, packaging machine for products 10), the packaging apparatus comprising:
a transport system having a transport direction and a plurality of rigid transport elements which are moved in a sequence, and which extend transversely to said transport direction, each transport element comprising seats defining a predefined pattern, and configured to transport one respective article to be packaged (Figure 1, Transport system not numbered made two transport chains 27 moving in direction T which are guided on both sides of the machine, provided with clamping devices and not numbered supports that can be considered seats for packagings 21 containing products 10 considered the articles to be packaged);
a packaging station, placed along said transport direction, having a stationary support structure supporting a packaging system with an operating device being arranged in a predetermined position to carry out a packaging operation at a corresponding seat of one rigid transport element passing through the packaging station (Figure 1, sealing station 15 will be considered the packaging station, supported by stationary machine frame 47, considered the support structure, sealing station 15 has tools 15a and 15b, forming part of a packaging system that seals packagings 21 being transported by the seats of the transport element, upper tools 15a that can be considered operating devices); and
a movement mechanism, provided for rigidly moving the packaging system together with the operating device thereof with respect to the position of the seats of the transport elements once they are placed at the packaging station (Figure 1, actuator 15c the sealing station 15 head to either the sealing station 15 as a whole or their tools 15a, 15b relative to the machine frame 47), so that the mutual position of the operating devices in the packaging system the seats allow execution of the packaging operation (Figures 1 and 3, downstream of the sealing station 15 measuring devices 35 measure the indicated distances b1 and b2 on the right edge of the packaging, the distances a1 and a2 on the front edge of the packaging and the distances c1 and c2 on the rear edge of the packaging. If it is determined that these path lengths do not correspond to the respective specifications, there is a packaging error, which is corrected by adjusting the position of sealing station 15 by operation of actuator 15c).
Weber does not disclose if the movement mechanism is integral with the stationary support structure, but it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention to make them integral, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Weber does not disclose each transport element comprising a plurality of seats arranged in one or more rectilinear rows, perpendicular to said transport direction, and each one configured to transport one respective article to be packaged or the packaging system comprising a plurality of operating devices, Weber discloses only one package arriving at the sealing station at any time.
Haak teaches a similar packaging apparatus for articles to be packaged (Figure 1, packaging apparatus with transport device 10) including transport elements comprising a plurality of seats arranged in one rectilinear row, perpendicular to said transport direction, and each one configured to transport one respective article to be packaged (Figure 1, packaging carriers 14 can be considered transport elements comprising a plurality of shots 15, considered the seats, so that several packagings can transported and processed at the same time) and also that stations 24 or 26 can be a sealing station comprising multiple operating devices for sealing the multiple cups arriving to the sealing station on the shots 15 of each carrier 14).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Weber the teachings of Haak and have the packaging system comprise a plurality of operating devices if more than one package is to be arriving at the packaging station at the same time for increased production.
Regarding Claim 3:
Weber discloses that the transport system rigidly pulls the transport elements along a path in a straight line at said packaging station (Figure 1, the transport elements move in the direction of T, note that Haak, Figure 1 teaches the transport elements 14 moving in the 9 direction).
Regarding Claim 4:
As discussed for Claim 1 above, the modified invention of Weber discloses the invention as claimed, in particular, Weber discloses that the transport system comprises a pair of movable pulling lines, (the transport of the lower film in the transport direction of the packaging machine, is usually carried out in practice by so-called transport chains, that can be considered pulling lines, which are guided on both sides of the machine).
Weber does not specifically disclose the respective ends of the transport elements being secured to the movable pulling lines.
Haak teaches transport elements with the respective ends attached to movable pulling lines (Figure 1, both ends of packaging carriers 14 are attached to chains 12).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Weber the teachings of Haak and have the transport elements with the respective ends attached to the movable pulling lines as a well-known way to transport the packagings by the transport system.
Regarding Claim 5:
As discussed for Claim 1 above, the modified invention of Weber discloses the invention as claimed, in particular a detection system to detect improper positioning of the sealing unit due to lengthening of the transport chains (Figure 1, measuring devices 35) and a control unit receiving signals generated by said detection system and controlling the movement mechanism (Figure 1, actuator 15c, control device 41) thereby, for each transport element, an adjustment of the position of the packaging system is carried out.
Weber does not disclose using position markers on each transport element, the operation of the movement mechanism is made by interpretation of images on each package.
Hack teaches that each transport element comprises one or more positioning markers, each one arranged in a predetermined position, and wherein the packaging apparatus comprises a detection system for said positioning markers and a control unit receiving signals generated by said detection system (Figures 2 and 3, Sensors 30 and 32 measure the distance between two consecutive carriers 14 to determine the chain elongation, indicated as 38 and 40, the edges of the carriers 14 will be considered “positioning markers” and controlling the movement mechanism thereby, for each transport element, an adjustment of the position of the packaging system is carried out (Readjustments can be performed fully automatically or manually. This could be the controller 34 appropriate signals to the work stations to, according to the current elongation of the chain 12, slightly change the position accordingly).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Weber the teachings of Haak and use positioning markers as an alternative way to detect improper positioning of the sealing unit due to lengthening of the transport chains to provide that information to the controller for operating the movement mechanism and repositioning of the sealing unit.
Regarding Claim 7:
Weber discloses that the support structure is of suspended bridge-like type, supporting a packaging system over a plane where the transport elements are pulled (Figure 1, stationary machine frame 47, considered the support structure, lacking any additional limitation, can be considered “bridge-like”, and supports sealing station 15 which comprises upper tool 15a of the packaging system over a plane where the transport elements supporting packaging 21 are pulled).
Regarding Claim 8:
The modified invention of Weber discloses the packaging system comprises a raising and lowering device with respect to a plane where the transport elements are pulled, thereby the operating devices take up a raised configuration, in which the transport elements are moved with respect thereto, and a lowered position, in which the transport elements stop and the operating devices carry out said packaging operation (Figure 1, bottom film 23, formed into packagings 12 are transported into Sealing Station 15 one “stroke length” each work cycle at the same time as upper film 25, while upper tool 15a, considered the operating device, is on a raised configuration and then sealed together displacing upper tool 15a to a lowered configuration by actuation of a not numbered raising and lowering device).
Regarding Claim 9:
As discussed for Claim 1 above, the modified invention of Weber discloses the invention as claimed.
Weber does not disclose if the movement mechanism comprises a pair of actuators, each acting on a respective packaging system end, Weber discloses just an actuator.
It would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to have two instead of a single actuator since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding Claims 10 and 11:
Weber discloses that the operating devices are sealing devices configured to seal a laminar cover, wherein the sealing device carries out a welding of the laminar cover (Figure 1, upper film 25 will be considered a “laminar cover” and the sealing can be made by welding).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Weber (DE 102019101852) in view of Haak (DE 102016203816) as applied to claim 1 above, and further in view of Erhardt (US 3908340).
Regarding Claim 2:
As discussed for Claim 1 above, the modified invention of Weber discloses the invention as claimed, in particular that the actuator 15c of the sealing station 15 moves the sealing station 15 as a whole relative to the machine frame 47
The modified invention of Weber does not specifically disclose if the operating devices of the packaging system are integral with each other.
Erhardt teaches a similar packaging apparatus that includes operating devices of the packaging system that are integral with each other (Figures 2 and 5, the two sealing heads 101 are considered integral since both of them are attached to cross member 103 and are driven at the same time by gears 112).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Weber the teachings of Erhardt and make the operating devices integral by having them be operated by the same driver.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Weber (DE 102019101852) in view of Erhardt (US 3908340).
Regarding Claim 12:
Weber discloses a packaging process for carrying out a packaging operation on articles to be packaged through an operating device, configured to act on an article to be packaged, said operating device being arranged within a packaging system, the process comprising (Figure 1, packagings 21 will be considered the articles to be packaged through upper tool 15a, considered the operating device of sealing station 15 has tools 15a and 15b, forming part of a packaging system that seals packagings 21);
positioning a transport element, configured to transport one respective article to be packaged in a predetermined position within respective transport elements in a sequence of transport elements;
moving said transport elements along a transport direction with respect to a packaging station housing said operating device (Figure 1, packagings 21, considered the articles to be packaged are transported by two transport chains 27 moving in direction T which are guided on both sides of the machine, provided with clamping devices that will be considered as transport elements forming a sequence for the packagings 21);
adjusting the position of the operating devices, once each transport element passes through in the region of said packaging station, by rigidly moving the packaging system with respect to the transport element, thereby achieving a positioning of the operating devices allowing execution of said packaging operation (Figure 1, actuator 15c the sealing station 15 head to either the sealing station 15 as a whole or their tools 15a, 15b relative to the machine frame 47, Figures 1 and 3, downstream of the sealing station 15 arranged measuring devices 35 measure the indicated distances b1 and b2 on the right edge of the packaging, the distances a1 and a2 on the front edge of the packaging and the distances c1 and c2 on the rear edge of the packaging. If it is determined that these path lengths do not correspond to the respective specifications, there is a packaging error, which is corrected by adjusting the position of sealing station 15 by operation of actuator 15c).
Weber does not disclose a plurality of operating devices, each one configured to act on a respective article to be packaged, Weber discloses just one article being sealed at the time.
Erhardt teaches a similar packaging apparatus that includes two sealing heads 101 (Figures 2 to 5), that can be considered as operating devices so the packaging apparatus can seal two cups C, that can be considered as articles to be packaged, at the same time.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Weber the teachings of Erhardt and include multiple operating devices on the packaging system to be able to seal more than one container at the same time, allowing for increased production.
Weber does not disclose the transport elements being rigid or including a plurality of seats positioned at a predetermined position within respective rigid transport elements and each one configured to transport one respective article to be packaged.
Erhardt teaches a similar packaging apparatus that includes two sealing heads 101 (Figures 2 to 5), so the packaging apparatus can seal two cups C, that can be considered as articles to be packaged, at the same time; the cups are conveyed by rigid transport elements including two seats aligned perpendicular to the transport direction (Figures 2, to 5, rigid container support frames 15 will be considered the rigid transport elements and container-receiving openings 15a will be considered the seats) to provide the two cups to the two sealing heads 101.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Weber the teachings of Erhardt and include rigid transport elements including multiple seats aligned perpendicular to the transport direction to convey the articles to be packaged to the multiple operating devices on the packaging system to be able to seal more than one container at the same time, allowing for increased production.
Regarding Claim 13:
Weber discloses that a position of each transport element is detected to adjust the position of at least some of the operating devices in the packaging station (Figures 1 and 3, downstream of the sealing station 15 measuring devices 35 measure the indicated distances b1 and b2 on the right edge of the packaging, the distances a1 and a2 on the front edge of the packaging and the distances c1 and c2 on the rear edge of the packaging; these measurements indirectly indicate a proper or improper position of the transport element in reference to the sealing station 15. If it is determined that these path lengths do not correspond to the respective specifications, there is a packaging error, which is corrected by adjusting the position of sealing station 15 by operation of actuator 15c).
Response to Arguments
Applicant’s arguments with respect to the rejection of the Claims under 35 U.S.C. 102(a)(1) as being anticipated by Shaw (US 4736568) and under 35 U.S.C. 103 as being unpatentable over Shaw (US 4736568) in view of Erhardt (US 3908340) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Amendments required new rejections over Weber (DE 102019101852) in view of Haak (DE 102016203816) and over Weber (DE 102019101852) in view of Erhardt (US 3908340).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731