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 § 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 (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 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)(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.
Claim(s) 1-10 and 15-16 the best understood is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kleinikkink et al. (U.S. Pub. No. 2015/0344233).
Note the claimed invention repeatedly using broad and intended use terms, which render the claimed invention to be broad, for example “configured to”, “being operatively coupled”, “being configured”, “couplable to”, “so as to form” etc. Therefore, most of the claimed limitations are not given much patentable weight.
Regarding claim 1: Kleinikkink discloses a linear motor system, comprising:
a track (Figs. 7-8; via the shown conveyor loops 700 & 800);
a synchronization device (Fig. 7; via 202; “system for controlling moving elements including: a zone controller”) configured to transmit a synchronization signal (Fig. 9; via 904, 906, 908, 920 transmitting network);
at least one movable member coupled to the track and configured to move along said track (Fig. 4; via moving elements 104 & Fig. 7; via 712 & 714; “move element linear motor”), the at least one movable member comprising
a synchronization sensor configured to detect the synchronization signal transmitted by the synchronization device (Fig. 10; via 1002 “Request position data by zone controller” and/or paragraph 0050; “In an alternative, the sensors 122, 123 may be located on the moving element 104”), and
a processing unit comprised of an internal clock (paragraph 0069; “This time protocol synchronizes all clocks”) that is adjustable by the synchronization signal transmitted by the synchronization device, the processing unit being operatively coupled to the synchronization sensor and being configured to adjust the internal clock as a function of said synchronization signal, see for example (Fig. 4; via machine readable medium 120 & Figs. 10 - 12; via 1028, 1100, and 1200; “Determine moving element position information and new instruction for driving moving element by zone controller” and/or Fig. 6; via PLC 604).
Regarding claim 2: wherein the processing unit (via 1028; “Determine moving element position information” and/or Fig. 6, via PLC 604) is configured to reset the internal clock when the synchronization signal is received.
Regarding claim 3: wherein the synchronization device comprises an optical signal transmitter, see for example (Fig. 9; via 904, 906, 908, 920 transmitting network) configured to transmit an optical synchronization signal, and the synchronization sensor comprises an optical sensor configured to detect the optical synchronization signal.
Regarding claim 4: wherein the optical sensor comprises a low energy receiver (via sensors 618a & 618b) configured to detect an optical synchronization signal having a predetermined carrier frequency bandwidth.
Regarding claim 5: wherein the synchronization signal has a predetermined time length (inherently any signal would have a predetermined time length) and wherein the processing unit is configured to calculate an initial velocity as a function of said time length.
Regarding claim 6: further comprising a first detection sensor (via 618a and/or 618b) configured to detect presence of the at least one movable member at a first predetermined synchronization position, wherein the synchronization device is configured to transmit the synchronization signal when the presence of the at least one movable member at the first synchronization position is detected.
Regarding claim 7: a second detection sensor (via 618a and/or 618b) configured to detect presence of the at least one movable member at a second predetermined synchronization position, wherein the synchronization device is configured to interrupt transmission of the synchronization signal when the presence of the at least one movable member at the second synchronization position is detected.
Regarding claim 8: a powering device (inherently there is a powering device in the system to get it running) couplable to the at least one movable member to provide power thereto.
Regarding claim 9: wherein the synchronization device comprises the powering device (Fig. 10; via inherently controller 1002 comprises a powering device and/or 1028 “for driving moving element by zone controller”; inherently “driving” is equivalent to the claimed “powering device”), wherein the at least one movable member comprises a powering module configured to receive power from the powering device and wherein the synchronization sensor is configured to detect the synchronization signal as a result of the power transfer between the powering device and the powering module.
Regarding claim 10: wherein said synchronization sensor comprises a current sensor (via 122/123), configured to detect the synchronization signal as a function of a current present at the powering module.
Regarding claim 15: Kleinikking discloses a method comprising a step of:
providing a linear motor system (Fig. 8; via a linear motor conveyor 800);
transmitting a synchronization signal from the synchronization device (Fig. 9; via 904, 906, 908, 920 transmitting networks),
detecting the synchronization signal by means of the synchronization sensor (via sensors 618a & 618b),
adjusting an internal clock of the processing unit of the movable member as a function of said synchronization signal (via “The system avoids time discontinuities for coil currents without requiring complex sharing of coil current control across zone boundaries”).
Regarding claim 16: Kleinikking in view of Masino do not disclose the use of an IR transmitter configured to transmit an optical synchronization signal, and the synchronization sensor comprises an IR receiver configured to detect the optical synchronization signal.
However, the Office takes an official notice that a use of IR transmitter in the packaging art of which using sensors is old and well known. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Kleinikking’s system, by using an IR transmitter of the used sensors, in order to gain more control and accuracy of the packaging members as they are functioning in the system.
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.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleinikkink et al. (U.S. Pub. No. 2015/0344233) in view of Masino et al. (U.S. Patent. No. 3,858,519).
Regarding claim 11: Kleinikkink discloses a synchronization device configured to transmit a synchronization signal and a synchronization sensor, configured to detect the synchronization signal, and a processing unit coupled to the synchronization sensor and configured for adjusting an internal clock thereof of said synchronization signal, see for example (Fig. 9; via 904, 906, 908, 920 transmitting networks).
Kleinikking does not discloses a packaging assembly comprising:
a pair of endless tracks;
a pair of movable members, each one of which movably coupled to, and cyclically movable along, one respective track;
each movable member of said pair of movable members comprising a respective forming member cyclically movable and configured to form the objects,
However, Masino discloses similar packaging assembly with the use of pair of endless tracks (Fig. 1; via 7-10; the shown multiple conveying chains/trackers); pair of movables and forming members along the track (via 2/5).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Kleinikking’s system, by having a packaging assembly, as suggested by Masino, in order to come up with a connecting component between the transfer conveyors assembly to make the assembly more fit to be a universally assembly used and adapted to all modes of operation (column 1, lines 45-60).
Regarding claim 12: Masino discloses that packaging assembly configured to form and seal a plurality of packs containing a pourable product starting from a tube of packaging material, the packaging assembly comprising a pair of endless tracks between which said tube is fed along a straight advancement direction (Fig. 1; via two upper and lower chains 11 and 8/9), and wherein each movable member of said pair of movable members comprises a respective forming member and a respective sealing member linearly movable towards said tube (via 3 and/or 4), transversally to said advancement direction, to cyclically cooperate in contact with successive tube portions, so as to form and seal at least corresponding pack portions of respective packs, respectively, see for example (Figs. 1-2).
Regarding claim 13: Kleinikkinig discloses that the synchronization device (Fig. 9; via 904, 906, 908, 920 transmitting networks) is configured to transmit the synchronization signal at the beginning of each sealing cycle of a pack in the plurality of packs or at the beginning of each forming cycle of a pack in the plurality of packs.
Regarding claim 14: Masino discloses that at least one movable member of the pair comprises at least one sensor mounted thereon (via “sensor means connected to said first article handling machine”), configured to transmit data indicative of movement of the movable member and/or parts thereof, wherein sensor data timestamps are adjusted as a function of the synchronization signal.
Response to Arguments
Applicant's arguments filed 08/18/2025 have been fully considered but they are not persuasive.
In respect to the latest conducted interview on 08/11/2025 and filed arguments seems like Applicant is arguing and pushing of a matter clearly suggested and disclosed by the applied art of Kleinikkink ‘233. In particular, Applicant continue to argue that the applied art does not disclose the amended claim referring to a movable member comprising both sensor and processing unit in each movable member. Applicant mistakenly argued that ‘233 does not suggest a movable member including both a synchronization sensor and processing unit.
The Office as explained above in response to the latest filed amendment believes that the applied art ‘233 do suggest movable elements via 104, wherein each discloses a sensor (paragraph 0050; “In an alternative, the sensors 122, 123 may be located on the moving element 104”), and processing unit (Fig. 4; via machine readable medium 120 determines and control the moving element position).
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 SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731