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 .
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 4-5 and 8-15 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.
Regarding claim 4, “the same container” lacks antecedent basis.
Regarding claim 5, “the same group” lacks antecedent basis.
Regarding claim 8, “wherein they form a tray” is indefinite because it is unclear what “they” refers to. For examination purposes, “wherein they form a tray” is being interpreted to mean “wherein the containers form a tray”.
Regarding claim 9, “the tobacco industry” lacks antecedent basis.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 9-11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlo (Machine Translation, DE-102019126522-A1).
Regarding claim 1, Carlo discloses a method for feeding products of a tobacco industry (Machine Translation, page 1, method is used in pharmaceutical, cosmetic, or food field, so method is capable of being used in the tobacco industry), including snus, from a production machine (Fig. 1, item 11) to a packaging machine (Fig. 1, item 20), the method comprising:
making (Machine Translation, pages 7-8) the products (Fig. 2, item 100) advance along an advancement direction (Machine Translation, pages 7-8);
feeding (Machine Translation, pages 7-8) to the packaging machine groups of products (Fig. 2, item 102) having a predetermined number of the products (Machine Translation, pages 7-8, each tram 15 has a predetermined number of articles 100);
wherein feeding groups of products includes:
in a receiving position (Fig. 1, trams 15 are in receiving position at location R) for receiving the products (Machine Translation, pages 8-10), placing the products inside containers (Fig. 2, item 15) that are brought to the receiving position one after another (Machine Translation, pages 8-10), by depositing a predetermined number of the products (Machine Translation, pages 8-10) inside each container (Machine Translation, pages 8-10), so as to form, inside each container, a group of products of the predetermined number (Machine Translation, pages 8-10); and
transporting (Machine Translation, pages 8-10) the containers containing the groups of products to a delivery position (Fig. 1, delivery position is when tram 15 is being loaded into second station 20) for delivery of the products to the packaging machine (Machine Translation, pages 8-10).
Regarding claim 2, Carlo discloses the method according to claim 1, wherein the packaging machine is a machine (Fig. 1, item 10) for packaging the products (Machine Translation, pages 8-10) in packages for containing products in bulk (Machine Translation, pages 8-10), including sachets or pouches, the method including:
in the receiving position (Machine Translation, pages 8-10), unloading the products into one single container (Fig. 1, item 15) (Machine Translation, pages 8-10) one product after another until a number of products (Machine Translation, pages 8-10) equal to the predetermined number of the products (Machine Translation, pages 8-10) has been reached, so as to form the group of products of the predetermined number (Machine Translation, pages 8-10); and
in the delivery position (Machine Translation, pages 8-10), unloading the group of products from the container (Machine Translation, pages 8-10) that is in the delivery position into a package (Machine Translation, pages 8-10) that is fed to the delivery position by the packaging machine (Machine Translation, pages 8-10).
Regarding claim 3, Carlo discloses the method according to claim 2, wherein:
transporting the containers (Machine Translation, pages 8-10) to the delivery position includes bringing to the delivery position (Machine Translation, pages 8-10), one after another, groups of containers (Machine Translation, pages 8-10) each having a predetermined number of containers (Machine Translation, pages 8-10) (Fig. 1, one tram 15 after another is brought to the delivery position); and
in the delivery position (Machine Translation, pages 8-10), unloading the groups of products of a group of containers (Machine Translation, pages 8-10) of the groups of containers that is in the delivery position (Machine Translation, pages 8-10) contemporarily into corresponding packages (Machine Translation, pages 8-10) fed to the delivery position by the packaging machine (Machine Translation, pages 8-10).
Regarding claim 5, Carlo discloses the method according to claim 3, wherein:
transporting the containers to the delivery position (Machine Translation, pages 8-10) includes bringing to the delivery position successive groups of containers (Machine Translation, pages 8-10) that, each, have the predetermined number of containers (Machine Translation, pages 8-10); and
in the delivery position (Machine Translation, pages 8-10), unloading, in a first step (Machine Translation, pages 8-10), the first group of products (Machine Translation, pages 8-10) of the group of containers that is in the delivery position (Machine Translation, pages 8-10), contemporarily, into corresponding packages (Machine Translation, pages 8-10) that are fed to the delivery position by the packaging machine (Machine Translation, pages 8-10), and, in a successive step (Machine Translation, pages 8-10), unloading the second group of products of the same group of containers that is in the delivery position, contemporarily, into further packages that are successively brought to the delivery position by the packaging machine.
Regarding claim 9, Carlo discloses an apparatus for feeding products of the tobacco industry, including snus, from a production machine to a packaging machine, the apparatus comprising:
a plurality of containers (Fig. 1, item 15) for receiving products (Fig. 1, item 100) made by the production machine (Machine Translation, pages 8-10);
a first station (Fig. 1, first station is where articles 100 are loaded into tram 15) for feeding containers of the plurality of containers for bringing in succession empty containers (Machine Translation, pages 8-10) to a receiving position (Machine Translation, pages 8-10) for receiving products made by the production machine (Machine Translation, pages 8-10);
a second station (Fig. 1, section station is when trams 15 are loaded into second station 20) for feeding the containers (Machine Translation, pages 8-10) for bringing the containers, each of which contains a predetermined number of products (Machine Translation, pages 8-10), to a delivery position (Machine Translation, pages 8-10) for delivery of the products to the packaging machine (Machine Translation, pages 8-10); and
at least one conveyor (Fig. 1, item 14) for transporting the containers from the first station to the second station (Machine Translation, pages 8-10).
Regarding claim 10, Carlo discloses the apparatus according to claim 9, comprising:
at least one control unit (Machine Translation, page 9),
wherein the control unit is configured to receive a first signal (Machine Translation, page 9) that is indicative of a number of products (Machine Translation, page 9) that have reached the receiving position (Machine Translation, page 9), and for controlling the first station as a function of the first signal (Machine Translation, page 9) for keeping each container in the receiving position (Machine Translation, page 9) until a number of products equal to the predetermined number has been deposited into each container (Machine Translation, page 9), and
wherein the control unit is configured to receive a second signal (Machine Translation, page 9) that is indicative of a parameter of a work-cycle (Machine Translation, page 9) of the packaging machine (Machine Translation, page 9), and to control the second station as a function (Machine Translation, page 9) of the second signal for bringing the containers (Machine Translation, page 9) containing the products (Machine Translation, page 9), in a manner that is synchronized with a feeding of packages (Machine Translation, page 9) by the packaging machine, to or near the delivery position (Machine Translation, page 9).
Regarding claim 11, Carlo discloses the apparatus according to claim 9, wherein the second station is configured to bring the containers to the delivery position (Machine Translation, pages 8-10), in successive groups (Machine Translation, pages 8-10), each having a predetermined number of containers (Machine Translation, pages 8-10).
Regarding claim 13, Carlo discloses the apparatus according to claim 9, wherein the second station comprises:
a picking device (Fig. 1, item 21, 22) for contemporarily picking a predetermined number (Machine Translation, pages 8-10) of containers (Machine Translation, pages 8-10), and
a unit for overturning (Machine Translation, pages 8-10), which is at the delivery position (Machine Translation, pages 8-10), for receiving the predetermined number of containers (Machine Translation, pages 8-10) from the picking device, and overturning them contemporarily (Machine Translation, pages 8-10) so as to unload the respective groups of products (Machine Translation, pages 8-10) into corresponding packages (Machine Translation, pages 8-10) fed to the delivery position by the packaging machine (Machine Translation, pages 8-10).
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.
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.
Claims 4, 6-8, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Carlo in view of Fechter et al (US 2019/0185190), hereinafter Fechter.
Regarding claim 4, Carlo is silent about the method according to claim 3, wherein each container comprises at least a first and a second compartment, the method including: in the receiving position, unloading a first group of products inside the first compartment of the container that is in the receiving position, and unloading a second group of products into the second compartment of the container that is in the receiving position; and in the delivery position, unloading, in a first step, the first group of products of the container that is in the delivery position into the package that is fed to the delivery position by the packaging machine, and, in a successive step, unloading the second group of products of the same container that is the delivery position into a further package that is successively brought to the delivery position by the packaging machine.
However, Fechter teaches each container (Fechter, Fig. 4, item 7) comprises at least a first and a second compartment (Fechter, Para. 0063), the method including: in the receiving position, unloading a first group of products (Fechter, Fig. 4, item 3, 5) inside the first compartment of the container (Fechter, Para. 0063) that is in the receiving position (Fechter, Para. 0063), and unloading a second group of products (Fechter, Para. 0063) into the second compartment (Fechter, Para. 0063) of the container that is in the receiving position (Fechter, Para. 0063); and in the delivery position (Fechter, Para. 0063), unloading, in a first step, the first group of products of the container (Fechter, Para. 0063) that is in the delivery position (Fechter, Para. 0063) into the package that is fed to the delivery position (Fechter, Para. 0063) by the packaging machine (Fechter, Para. 0063), and, in a successive step (Fechter, Para. 0063), unloading the second group of products of the same container (Fechter, Para. 0063) that is the delivery position into a further package (Fechter, Para. 0063) that is successively brought to the delivery position by the packaging machine (Fechter, Para. 0063).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carlo and Fechter to modify the method of Carlo to include the multiple compartments in the container, as taught by Fechter. A person of ordinary skill in the art would have been motivated to make such change in order to assign fixed spaces for each article to protect the articles from colliding and rubbing against each other during transport (Fechter, Para. 0010).
Regarding claim 6, Carlo is silent about the method according to claim 1, wherein the packaging machine is a machine for packaging products in blisters, and wherein the container comprises a plurality of compartments, the method including: in the receiving position, transferring at least one product into each compartment of the plurality of compartments of one single container until all the plurality of compartments of the one single container are occupied, so as to form an orderly-arranged group of products in the one single container.
However, Fechter teaches the packaging machine is a machine (Fechter, Fig. 4) for packaging products (Fechter, Fig. 4, item 3,5) in blisters, and wherein the container (Fechter, Fig. 4, item 7) comprises a plurality of compartments (Fechter, Para. 0063), the method including: in the receiving position (Fechter, Para. 0063), transferring at least one product (Fechter, Para. 0063) into each compartment of the plurality of compartments (Fechter, Para. 0063) of one single container until all the plurality of compartments (Fechter, Para. 0063) of the one single container are occupied (Fechter, Para. 0063), so as to form an orderly-arranged group of products in the one single container (Fechter, Para. 0063).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carlo and Fechter to modify the method of Carlo to include the multiple compartments in the container, as taught by Fechter. A person of ordinary skill in the art would have been motivated to make such change in order to assign fixed spaces for each article to protect the articles from colliding and rubbing against each other during transport (Fechter, Para. 0010).
Regarding claim 7, as combined above, Fechter teaches the method according to claim 6, including, by means of a pick-and-place device (Fechter, Fig. 4, item 30), transferring single products (Fechter, Para. 0071-0072) arranged in the plurality of compartments (Fechter, Para. 0071-0072) of the one single container into respective receptacles (Fechter, Para. 0071-0072) made on a band that is fed by the packaging machine to the delivery position (Fechter, Para. 0071-0072).
Regarding claim 8, as combined above, Fechter teaches the method according to claim 6, wherein transporting containers to the delivery position (Fechter, Para. 0071-0072) includes arranging the containers in a compact formation (Fechter, Para. 0071-0072) wherein they form a tray having a number of compartments (Fechter, Para. 0071-0072) that is equal to a multiple of the plurality of compartments of the one single container (Fechter, Para. 0071-0072).
Regarding claim 14, Carlo discloses the apparatus according to claim 9, wherein the second station comprises a conveyor (Fig. 1, item 21, 22) for making the containers advance (Machine Translation, pages 8-10) according to a compact formation (Machine Translation, pages 8-10)
Carlo is silent about the compact formation is one in which the containers form a tray having a number of compartments that is equal to a multiple of a number of compartments of a single container.
However, Fecther teaches arranging the containers in a compact formation (Fechter, Para. 0071-0072) wherein they form a tray having a number of compartments (Fechter, Para. 0071-0072) that is equal to a multiple of the plurality of compartments of the one single container (Fechter, Para. 0071-0072).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carlo and Fechter to modify the method of Carlo to include the multiple compartments in the container, as taught by Fechter. A person of ordinary skill in the art would have been motivated to make such change in order to assign fixed spaces for each article to protect the articles from colliding and rubbing against each other during transport (Fechter, Para. 0010).
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Carlo in view of Evans et al (US 2014/0048170), hereinafter Evans.
Regarding claim 12, Carlo is silent about the apparatus according to claim 9, wherein the first station comprises a screw conveyor device for moving the containers along a direction of advancement keeping the containers in line and spaced from one another by a predetermined pitch.
However, Evans teaches a screw conveyor device (Evans, Fig. 2, item 135) for moving the articles along a direction of advancement (Evans, Para. 0049) keeping the articles in line (Evans, Para. 0049) and spaced from one another by a predetermined pitch (Evans, Para. 0049).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carlo and Evans to modify the conveyor of Carlo to include the screw conveyor of Evans. A person of ordinary skill in the art would have been motivated to make such change in order to accurately and efficiently control the output of the conveyor during the packaging cycle (Evans, Para. 0048).
Regarding claim 15, Carlo discloses a system for producing and packaging products of the tobacco industry, including snus, comprising: an apparatus for feeding the products of the tobacco industry from the production machine to the packaging machine, according to claim 9.
Carlo is silent about a machine for producing the products of the tobacco industry and a machine for packaging the products of the tobacco industry.
However, Evans teaches a system (Evans, Fig. 1) for producing and packaging products of the tobacco industry (Evans, Para. 0048-0050), including snus (Evans, Para. 0048-0050), comprising: a machine (Evans, Fig. 2, item 100, 110) for producing the products of the tobacco industry (Evans, Para. 0048-0050); a machine (Evans, Fig. 2, item 55, 65, 20, 25) for packaging the products of the tobacco industry (Evans, Para. 0040-0045); an apparatus (Evans, Fig. 2) (Evans, Para. 0040-0050) for feeding the products of the tobacco industry (Evans, Para. 0040-0050) from the production machine to the packaging machine (Evans, Para. 0040-0050).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carlo and Evans to modify the system of Carlo to include the machines for producing and packaging products of the tobacco industry of Evans. A person of ordinary skill in the art would have been motivated to make such change in order to provide a system which can continuously operate to manufacture and insert pouches of smokeless tobacco into containers with on-line weight control (Evans, Para. 0002).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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