DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Election/Restriction Requirement
Applicant’s arguments/remarks filed 01/12/2026 have been reviewed in light of the co-dated amendments. Subsequently, the restriction requirement dated 11/12/2025 has been withdrawn, and both groups (comprising claims 1-9 and 11-19) will be examined herein.
Information Disclosure Sheet
The information disclosure statements (IDS’s) submitted on 12/14/2023 and 01/22/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation – 35 USC §112f
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 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 following elements are interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
Regarding claim 9, “fixing device” (because A – “device” is the placeholder/nonce term, B – “for connecting mutually abutting or overlapping band ends or band portions between the first and second sets of clamping jaws” designates the function, and C – no additional structure is provided in the claim body, thus “fixing device” is understood as equivalent to “means for connecting mutually abutting or overlapping band ends or band portions between the first and second sets of clamping jaws”). A review of the specification suggests that the corresponding structure is a first clamping jaws 38 and the second jaws 42 in conjunction with the adhesive applications 46 (as described in ¶ [0111]) or as first clamping jaws 38 and second clamping jaws 42 in conjunction with an anvil 60 and welding unit 62 (as described in ¶ [0166]) or equivalent.
If the 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 Objections
Claims 8 and 15 are objected to because of the following informalities:
Claim 8 currently recites, “…group (12) of articles comprised at least four…” However, it appears that the passage should instead recite, “…group (12) of articles comprises at least four…”
Claim 15 recites, “…or join or the band portions…” However, it appears that the passage should instead recite, “…or join
Appropriate correction is required.
Claim Rejections – 35 USC §112(b)
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.
Claims 1-9 and 11-19 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the term “which deformation forces act approximately uniformly on all articles (10)” a relative term which renders the claim indefinite. The term “approximately uniformly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, the specification does not provide a standard for ascertaining the requisite degree of uniformity (e.g., what tolerances or variance is permitted for it to remain “approximately uniform”). Therefore, the exact scope of the claim cannot be ascertained.
Regarding claim 9, the term “wherein an overall length of a strapping band (26) corresponds to or is minimally greater than…” is a relative term which renders the claim indefinite. The term “minimally greater than” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, the specification does not provide a standard for ascertaining the requisite degree of uniformity (e.g., the maximum threshold for “minimally greater than”). Therefore, the exact scope of the claim cannot be ascertained.
Regarding claims 2-8 and 11-19, these claims are also rejected under 35 USC 112(b) due to their dependence upon rejected claims 1 and 9.
Claim Rejections – 35 USC §102
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 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 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.
Claims 1-4, 8-9, and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasel (US 7,428,865).
Regarding claim 1, Kasel discloses a method for producing strapped packages (See col 1, lines 5-45), comprising:
-forming a group of at least two articles in a rectangular arrangement (Shown in figures 1-3 and described in col 3, line 65 - col 4, line 29), wherein the at least two articles have elastically deformable lateral surfaces (Col 3, line 65 - col 4, line 29 describes that the articles are placed under compression. Since all materials have some elastic deformation, the compression described in the above passage fulfills the claim limitation),
- applying deformation forces from at least one side to at least one short side of the group (Col 3, line 65 - col 4, line 33 describes the deformation forces on the group of articles from the first clamping jaws #36), which deformation forces act approximately uniformly on all articles of the group (Shown in figures 1-4), by a first set of clamping jaws (Figure 12, #36) that are advanceable towards one another (Col 3, line 65 - col 4, line 33 describes the deformation forces on the group of articles from the first clamping jaws #36), wherein at least one multi-part strapping band or strapping band (Figure 1, #T) open at least at one point is arranged between the first set of clamping jaws and the at least one short side of the article grouping (Col 4, lines 56-67 and col 6, lines 22-27 describes the connecting and sealing of the strap around the grouped articles - also shown in figures 2 - 3),
- applying the at least one strapping band to the group of deformed articles, wherein a length of the strapping band corresponds to or is minimally greater than a circumference of the group of deformed articles (Described in col 1, lines 5 - 44 and col 3, line 65 - col 4, line 40),
- wherein, upon removing the deformation forces acting on the group of deformed articles, the article lateral surfaces elastically return to their original shape and bring about a band tensioning of the strapping band (Described in col 1, lines 5 - 44 and col 3, line 65 - col 4, line 40; wherein the compression of articles and subsequent application of a band means that the band will correspond to the circumference of the compressed articles, and relaxation of the compressive force post-strapping will mean the articles will recover elastically against the deformative force of the strap applied while the articles were under compressive force).
Regarding claim 2, Kasel further discloses wherein the deformation forces cause a distancing of the opposite longitudinal sides of the group from one another by an expansion length which is smaller than a compression length of the opposite short sides of the group caused by the deformation forces (Described in col 1, lines 5 - 44 and col 3, line 65 - col 4, line 40).
Regarding claim 3, Kasel further discloses wherein the deformation forces are applied from both sides to the opposite short sides of the group (Shown in figures 1 and 12).
Regarding claim 4, Kasel further discloses wherein the band tensioning of strapping band results in a strapped package (Shown in figure 1).
Regarding claim 8, Kasel further discloses wherein the group of articles comprised at least four identical articles and is deformed along a longitudinal axis of the rectangular arrangement (Figure 1 shows that the group of articles is comprised of at least 4 articles).
Regarding claim 9, Kasel discloses a tool for producing strapped packages (See col 1, lines 5-45), each of which is formed by at least two articles which have deformable lateral surfaces (Shown in figures 1-3 and described in col 3, line 65 - col 4, line 29), wherein the grouped articles (Figure 1, #M) are kept together by at least one strapping band (Figure 1, #T), comprising:
-a first set of clamping jaws (Figure 12, #36) that are advanceable towards one another for applying, from at least one side, deformation forces acting on at least one short side of the group of articles (Col 3, line 65 - col 4, line 33 describes the deformation forces on the group of articles from the first clamping jaws #36),
-a second set of clamping jaws (Figures 1, 4, and 12, #30, #30a, #30b) that are advanceable towards one another and which are prepared and equipped to apply the strapping band located between the first set of clamping jaws and the short sides of the group of articles to the opposite longitudinal sides of the group of articles (Col 3, line 65 - col 4, line 11 and col 4, line 29 - col 4, line 40 describes the compression of the articles by the second clamping jaws. Col 4 lines 34 - 40 describes the strapping of the articles by the band #T), and
- at least one fixing device (Figure 1, #22) for connecting mutually abutting or overlapping band ends or band portions between the first and second sets of clamping jaws in each case bearing against the short sides and against the longitudinal sides in order to fix the strapping band (Col 4, lines 56-67 and col 6, lines 22-27 describes the connecting and sealing of the strap around the grouped articles - also shown in figures 2 - 3),
wherein an overall length of a strapping band corresponds to or is minimally greater than an overall circumference of the group of articles which is subjected to the deformation forces, wherein a band tension of the strapping band is defined by an elastic recovery of the articles of the group after removal of the deformation forces (Described in col 1, lines 5-44 and col 3, line 65 - col 4, line 40; wherein the compression of articles and subsequent application of a band means that the band will correspond to the circumference of the compressed articles, and relaxation of the compressive force post-strapping will mean the articles will recover elastically against the deformative force of the strap applied while the articles were under compressive force).
Regarding claim 13, Kasel further discloses wherein at least the first set of clamping jaws is partially adapted to contours of the articles arranged in the group and each article is contacted at its lateral surfaces (Shown in figures 1 and 12).
Regarding claim 14, Kasel further discloses wherein the second set of clamping jaws hold or fix the articles in the group at the side during the application of the strapping band (Col 3, line 65 - col 4, line 11 and col 4, line 29 - col 4, line 40 describes the compression of the articles by the second clamping jaws. Col 4 lines 34 - 40 describes the strapping of the articles by the band #T).
Regarding claim 15, Kasel further discloses wherein the second set of clamping jaws apply the strapping band to the group or join or the band portions forming the strapping band to one another at the band ends (Col 4, lines 56-67 and col 6, lines 22-27 describes the connecting and sealing of the strap around the grouped articles - also shown in figures 2 - 3).
Regarding claim 16, Kasel further discloses wherein the second set of clamping jaws can apply the strapping band to the at least one fixing device (Col 3, line 65 - col 4, line 11 and col 4, line 29 - col 4, line 40 describes the compression of the articles by the second clamping jaws. Col 4 lines 34 - 40 describes the strapping of the articles by the band #T. This is further described in col 4, lines 56-67 and col 6, lines 22-27 describes the connecting and sealing of the strap around the grouped articles - also shown in figures 2 - 3).
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 5-6, 12, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kasel in view of Haberstroh (US 7,377,213).
Regarding claim 5, Kasel does not specifically teach wherein the strapping band is formed by connecting band ends at an at least one mutually abutting or overlapping contact point to form a closed annular strapping band.
Haberstroh teaches wherein the strapping band is formed by connecting band ends at an at least one mutually abutting or overlapping contact point to form a closed annular strapping band (Described in col 4, lines 1-6 and illustrated in figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Haberstroh to include a structure to form a welded portion of the band with the motivation of providing a known structure for forming welded portion of the strap, as recognized by Kasel in col 4, lines 56-67.
Regarding claim 6, Kasel does not specifically teach wherein the strapping band is formed by a plurality of band portions after the application of the deformation forces by connecting band ends at at least two separate, mutually abutting or overlapping contact points to form a closed annular strapping band.
Haberstroh teaches wherein the strapping band is formed by a plurality of band portions after the application of the deformation forces by connecting band ends at at least two separate, mutually abutting or overlapping contact points to form a closed annular strapping band (Described in col 4, lines 1-6 and illustrated in figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Haberstroh to include a structure to form a welded portion of the band with the motivation of providing a known structure for forming welded portion of the strap, as recognized by Kasel in col 4, lines 56-67.
Regarding claim 12, Kasel does not specifically teach wherein the fixing device welds overlapping band ends of the strapping band.
Haberstroh teaches wherein the fixing device (Figure 5, #34) welds overlapping band ends of the strapping band (Described in col 4, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Haberstroh to include a structure to form a welded portion of the band with the motivation of providing a known structure for forming welded portion of the strap, as recognized by Kasel in col 4, lines 56-67.
Regarding claim 18, Kasel does not specifically teach wherein the overlapping band ends are welded together.
Haberstroh teaches wherein the overlapping band ends are welded together (Described in col 4, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Haberstroh to include a structure to form a welded portion of the band with the motivation of providing a known structure for forming welded portion of the strap, as recognized by Kasel in col 4, lines 56-67.
Regarding claim 19, Kasel does not specifically teach wherein the overlapping band ends are welded together.
Haberstroh teaches wherein the overlapping band ends are welded together (Described in col 4, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Haberstroh to include a structure to form a welded portion of the band with the motivation of providing a known structure for forming welded portion of the strap, as recognized by Kasel in col 4, lines 56-67.
Claims 7, 11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kasel in view of Cranston (US 2002/0116900 A1).
Regarding claim 7, Kasel does not specifically teach wherein the overlapping band ends are adhesively joined together at the at least one contact point of the strapping band.
Cranston teaches wherein the overlapping band ends are adhesively joined together at the at least one contact point of the strapping band (Described in ¶ [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Cranston to include a structure for adhesively joining the ends of the strap with the motivation of .
Regarding claim 11, Kasel does not specifically teach wherein the at least one fixing device adhesively bonds overlapping band ends of the strapping band.
Cranston teaches wherein the at least one fixing device (Figure 11, #86) adhesively bonds overlapping band ends of the strapping band (Described in ¶ [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Cranston to include a heat activated adhesive to bond two ends of a strap with the motivation of providing a versatile material which is commonly used for bonding two structures at a specific location, as recognized by Cranston in ¶ [0007] – [0008].
Regarding claim 17, Kasel does not specifically teach wherein the overlapping band ends are adhesively joined together at the at least one contact point of the strapping band.
Cranston teaches wherein the overlapping band ends are adhesively joined together at the at least one contact point of the strapping band (Described in ¶ [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kasel to incorporate the teachings of Cranston to include [elements of Ref. B] with the motivation of [motivation provided by Ref. B].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The other cited arts of Tanner (US 20180022489), Bright (US 20190352085), and Van der Wal (US 3950203) all teach relevant aspects of devices for grouping articles and placing straps on said groups of articles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB A SMITH/Examiner, Art Unit 3731