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 Interpretation
Generally the term “controller” are known in the arts to be a CPU or Microprocessor. Therefore, the term “controller” is not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the term is known to invoke structure. The specification is consistent with this known interpretation, as paragraph 0047 of the specification recites features such as “transfer the counted number of labels L to the controller C which may operate the fusing unit 500 and the cutting unit 600 if the number of labels L is greater than or equal to a preset number” and paragraph 0049 recites “The alarming unit A may generate an alarm according to a signal of the controller C, if the controller C determines that the fusing unit 500 and the cutting unit 600 need to operate”, both of which are consistent with the controller being a CPU or Microprocessor.
Similarly, the terms “cutter”, “fuser”, “label adsorber”, “product assembler” are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the terms are known to invoke structure. In each of these cases, the term is a broad structural term known in the arts to perform function of the structure.
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 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 4 recites the limitation "a label attached to the first tape and the second tape" in lines 2-3. This limitation is unclear because it is unclear how a label can be attached to both the first tape and attached to the second tape. It appears applicant intended to recite “a label attached to the first tape or attached to the second tape”
Claim 5 is rejected based on its dependency from claim 4.
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)(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.
Claim(s) 1, 8 and 9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Emenaker (US 5514237 A).
As to claim 1, Emenaker discloses a continuous tape feeder, comprising:
a first tape fixing roll configured to feed a first tape (“a first roll 12 of a thermoplastic film or web 14”);
a second tape fixing roll configured to feed a second tape (“a second roll 20 of a thermoplastic film or webbing 22”);
a fuser adjacent to the first tape fixing roll, the fuser being configured to connect the first tape to the second tape through fusion to form a connection portion (“heater means 36 for applying heat to the overlapping clamped portions of first webbing 14 and second webbing 22 for generating a thermally spliced seam therebetween”);
a cutter between the fuser and the first tape fixing roll, the cutter being configured to cut a first tape portion between the connection portion and the first tape fixing roll (“cutter means 38 for severing first web 14 above the spliced seam”); and
a controller configured to determine a timing (“the magnitude and duration of the heat pulse generated by heater means 36 is controlled by temperature control means 40 for heating planar face 96 which, in turn, melts overlapping portions of thermoplastic webbings 14 and 22 to be spliced”) for operating the fuser and the cutter (“a programmable controller, could be used for controlling actuation of various components of apparatus 10, such as first driven means 16, second driven means 24, first clamp means 30, positioning means 34, cutter means 38, temperature control means 40, second clamp means 42, retractor means 44 and tensioning means 48”).
See column 3, line 48 to column 4, line 22, disclosing:
With particular reference to FIG. 1, a perspective view of a thermal bonding apparatus 10 is shown which is useful for carrying out the novel method of the present invention. In its most basic sense, the primary components of apparatus 10 include: a first roll 12 of a thermoplastic film or web 14; first driven means 16 for controllably unwinding first roll 12; first detector means 18 for detecting a low roll condition of first roll 12; a second roll 20 of a thermoplastic film or webbing 22; second driven means 24 for controllably unwinding second roll 20; second detector means 26 for detecting a low roll condition of second roll 20; a heat splicing mechanism 28 including first clamp means 30 between which portions of first webbing 14 and second webbing 22 are disposed for exerting a predetermined clamping pressure on overlapping portions thereof, positioning means 34 for positioning the thermoplastic webbing for heat splicing, heater means 36 for applying heat to the overlapping clamped portions of first webbing 14 and second webbing 22 for generating a thermally spliced seam therebetween, and cutter means 38 for severing first web 14 above the spliced seam; temperature control means 40 for controlling the magnitude and duration of the heat applied to the overlapping portions by heater means 36; second clamp means 42 for controlling the tension exerted on the portion of first webbing 14 disposed within first clamp means 30; retractor means 44 for releasing the thermally spliced seam from heater means 36; supply means 46 for maintaining a supply of first webbing 14 downstream of second clamp means 42 which is advanced to the next sequential apparatus (not shown) of the high-speed line operation during actuation of heat splicing mechanism 28; and tensioning means 48 for maintaining a predetermined tension on the segment of first webbing 14 being delivered from supply means 46 to the next sequential apparatus in the line operation. While not shown, it will be appreciated that apparatus 10 is particularly well-suited for use in a fully automated line operation. As such, it is contemplated that a central control device, such as a programmable controller, could be used for controlling actuation of various components of apparatus 10, such as first driven means 16, second driven means 24, first clamp means 30, positioning means 34, cutter means 38, temperature control means 40, second clamp means 42, retractor means 44 and tensioning means 48.
See also column 5, lines 34-62, disclosing:
In general, splicer clamps 58 and 60 are mirror-imaged units to permit heat splicing of first web 14 to second web 22 or, in the alternative, second web 22 to first web 14. Splicer clamp 60 includes a top substantially horizontal surface 90 which supports cutter means 38 for selectively severing thermoplastic webbing 14 at a point above heater means 36, means 34 in the form of a spring-loaded plate 92 for positioning thermoplastic webbing 14, a stationary anvil 94 and a planar face 96 transverse to horizontal surface 90. Extending at least partially, and preferably completely, across planar face 96 is heater means 36. Heater means 36 preferably includes a metallic band 98, such as a nickel-chromium band, through which an electrically induced heat impulse is selectively applied to the thermoplastic webbing following closure of splicer clamps 58 and 60. As will be explained, the magnitude and duration of the heat pulse generated by heater means 36 is controlled by temperature control means 40 for heating planar face 96 which, in turn, melts overlapping portions of thermoplastic webbings 14 and 22 to be spliced. The remainder of planar face 96 is preferably coated with a composition, such as teflon, which assists in releasing the thermoplastic webbing after the heat splice has been formed. Alternatively, a non-stick component can be integrated into the face 96 to assist in releasing the thermoplastic material after splicing. As noted, splicer clamp 58 is substantially similar in design, movement and operation as splicer clamp 60. Therefore, identical reference numerals having a primed designation are used to indicate identical features of splicer clamp 58.
See also Figure 1, below:
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As to claim 8, Emenaker discloses wherein the first tape fixing roll and the second tape fixing roll respectively include a first tape guide roll (such as “a pair of spaced rollers 56a and 56b”) and a second tape guide roll (such as “a set of rollers 88A and 88B”), the first tape guide roll and the second tape guide roll being arranged to define transfer paths for the first tape and the second tape, respectively. See column 4, line 40 to column 5, line 33, disclosing:
With continued reference to FIG. 1, the various components of apparatus 10 will now be described in greater detail. Upon start up of the high-speed line operation, first roll 12 is unwound by first driven means 16 for feeding first webbing 14 at a predetermined linear speed. In the embodiment shown, first driven means 16 includes a driven unwind belt 54 and a pair of spaced rollers 56A and 56B which maintain first webbing 14 in a relatively "taut" condition. The driven speed of unwind belt 54 and, in turn, first webbing 14 can be controllably varied. First webbing 14 is also shown fed over a first roller 56A and through an opening formed between splicer clamps 58 and 60 of first clamp means 30 and an opening formed between tension clamps 62 and 64 of second clamping means 42. In addition, the segment of first webbing 14 downstream of second clamping means 42 is fed over a plurality of tensioning rollers 66 which lead to supply means 46.
As noted and as will be detailed hereinafter with greater specificity, supply means 46 is adapted to store a predetermined length of first webbing 14 thereon which is sufficient to supply to the downstream apparatus during the heat splicing process. In a preferred form, supply means 46 is a zero-speed unwind mechanism and generally includes a pair of spaced apart pivotable racks 68 and 70 each having a number of non-driven rollers extending therefrom. First webbing 14 is looped over the various rollers on each of the racks 68 and 70 in a successive and alternating fashion, thereby forming a "festoon". In particular, first webbing 14 is looped over a first roller 72A extending from first rack 68 and then over a first complementary roller 74A extending from second rack 70. From there, thermoplastic webbing 14 is looped over a second roller 72 extending from first rack 68 and then back over a second complementary roller 74B extending from second rack 70. As seen, this successive arrangement of thermoplastic webbing continues over a number of complementary rollers extending from first and second racks 68 and 70, respectively. Once first web 14 is looped over the final roller of second rack 70, it then passes on over a driven S-wrap roller device 76 that forms part of tensioning means 48 and which is operable for slightly reducing the linear speed at which first webbing 14 is advanced to generate a predetermined tension in the webbing being delivered downstream. From there, first webbing 14 passes over a roller 78 which extends from a tension regulating device 80 provided for controlling the tension at which the webbing 14 passes to the next downstream apparatus (not shown). Tension regulating device 80 includes a dancer plate 82 which is supported at one end for pivotable movement with roller 74 at its opposite end.
While first roll 12 of thermoplastic webbing 14 is being advanced to supply the downstream apparatus (not shown), a leading end 84 of second thermoplastic webbing 22 is positioned within the opening between splicer clamps 58 and 60 in anticipation of being heat spliced to first webbing 14. As seen, second roll 20 of thermoplastic webbing 22 can be controllably unwound by a driven unwind belt 86 with second webbing 22 passing over a set of rollers 88A and 88B to extend into the opening provided between splicer clamps 58 and 60 of heat splicing mechanism 28. Preferably, leading end 84 of the second webbing 22 extends slightly below the bottom edge of splicer clamps 58 and 60.
As to claim 9, Emenaker discloses wherein the transfer paths for the first tape and the second tape are through the fuser (“splicer clamps 58 and 60 are mirror-imaged units to permit heat splicing of first web 14 to second web 22 or, in the alternative, second web 22 to first web 14.”). See Figure 1, and see the citations above, such as especially column 5, lines 34-62.
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) as applied to claims 1, 8 and 9 above, and further in view of Stern (US 4151594 A).
As to claim 2, Emenaker does not disclose further comprising a first load cell portion connected to the first tape fixing roll, the first load cell portion being configured to detect a load of the first tape wound around the first tape fixing roll.
However, Stern discloses and makes obvious further comprising a first load cell portion (“a load cell”) connected to the first tape fixing roll, the first load cell portion being configured to detect a load of the first tape wound around the first tape fixing roll. See column 8, lines 29-34, disclosing:
The steady state response of the web control system of the present invention is dependent upon an accurate determination of the effective diameter of the feed roll. The method of diameter determination is illustrated in FIG. 5 which shows the diameter circuit 78 in detail. The diameter determination utilizes a force balance system such as the dancer system illustrated or a load cell where the tension on the web is proportional to the applied external load.
See column 13, lines 13-30, disclosing:
Accurate positioning of the new roll is initiated manually or automatically at a predetermined diameter. The appropriate diameter can be determined by the comparison of the output of the diameter circuit 78 which, as described in detail above, is based on the effective diameter of the expiring roll or by conventional methods. The positioning circuitry and sensing consists of a retroreflective scanner mounted such that a light beam would be broken by the outside of the roll on its center line. The outside of the roll will intercept the beam at the same position independent of roll size. The logic of positioning is such that if the beam is unbroken, the roll will advance until the beam is broken and stop. If the beam is initially interrupted, the roll will be advanced in the reverse direction such that it will back up until the beam is unbroken and then advance towards the beam until the beam is broken again and stop.
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 further comprising a first load cell portion connected to the first tape fixing roll, the first load cell portion being configured to detect a load of the first tape wound around the first tape fixing roll as taught by Stern in order to achieve accurate positioning of the new roll.
As to claim 3, Emenaker does not disclose wherein the first load cell portion is further connected to the controller, the first load cell portion being configured to transfer the detected load to the controller, and the controller being further configured to operate the fuser and the cutter in response to a comparison between the load of the first load cell portion and a preset value.
However, Stern also discloses and makes obvious wherein the first load cell portion is further connected to the controller, the first load cell portion being configured to transfer the detected load to the controller (controller 54), and the controller being further configured to operate the fuser and the cutter in response to a comparison between the load of the first load cell portion and a preset value. See column 8, lines 29-34, and column 13, lines 13-30, cited above in the rejection of claim 2. See also column 7, lines 23-47, below:
FIG. 3 shows the basic system of the present invention. Web material 16 is removed from feed roll 18, travels around idler roller 20, dancer roller 22 and idler roller 24 to the press. The position of dancer roller 22 is sensed by a position transducer 52 which generates a signal representative of the displacement of the dancer roller from a preselected position. This signal is fed to controller 54 and is indicative of the difference between the web speed and the press speed. Controller 54 also receives the output of a pressure to voltage transducer 56 which senses the force F applied on dancer roller arm 44 by load cylinder 48. Load cylinder 48 is adjusted to apply the desired force on arm 44 by means of a tension setting means 58 and pressure transducer 56 monitors this setting and generates a voltage representative thereof. The third input of controller 54 is generated by the press control system and is indicative of the running of the press.
Controller 54, in a manner set forth below in detail, generates a brake torque regulating signal (B) to brake 60 located at the core of roll 18 in order to regulate the speed thereof such that the web speed and the press speed are kept substantially equal maintaining the dancer roller at a fixed position and the web tension at the appropriate level.
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 wherein the first load cell portion is further connected to the controller, the first load cell portion being configured to transfer the detected load to the controller, and the controller being further configured to operate the fuser and the cutter in response to a comparison between the load of the first load cell portion and a preset value as taught by Stern in order to achieve accurate positioning of the new roll.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) as applied to claims 1, 8 and 9 above, and further in view of Hinton (US 5643395 A) and Tate (US 20030056869 A1)
As to claim 4, Emenaker does not disclose further comprising: a label adsorber configured to adsorb a label attached to the first tape and the second tape; and a camera arranged adjacent to the label adsorber and configured to detect feeding of the label.
Hinton discloses that it is known to use a labeling assembly with fuser (or splicer). Column 1, lines 4-9, discloses:
This invention relates to apparatus for splicing labels and, more particularly, and apparatus for automatically splicing a fresh roll of packaging labels to the terminal portion of a depleted roll of labels in order to permit uninterrupted application of these labels to the packaging, and the like.
Additionally, Tate discloses further comprising: a label adsorber (“a vacuum or bellows type labeler”) configured to adsorb a label attached to the first tape and the second tape; and a camera (“label sensor 66 can be a camera,”) arranged adjacent to the label adsorber and configured to detect feeding of the label.
See paragraph 0011-12 and 0018-19, disclosing:
[0011] The present invention provides an inventory control system for labelers. Turning to the drawings, wherein like reference numerals refer to like elements, an exemplary labeler 20 with which the present invention can be used is illustrated in FIG. 1. The illustrated labeler 20 is a vacuum or bellows type labeler. The labeler 20 includes a label cassette 22 engaged with the labeler housing 24. The label cassette 22 supplies a label carrier strip 28 which is led through the cassette to a separation plate which separates the labels from the carrier strip. A rotary bellows wheel is arranged underneath the separation plate and operates to apply the separated labels to articles 30, in the illustrated embodiment fruit or vegetables, that are carried past the labeler on a conveyor 32. In particular, the bellows wheel includes a number of bellows 26 that respectively pick up each separated label by means of a vacuum applied through the respective bellows 26. The bellows 26 then transports the label to an article 30 and applies the labels to the article through expansion of the bellows. An article sensor 34 detects when an article 30 approaches the label application position and signal the labeler controller 90 (see FIG. 3) which, in turn, directs the bellows 26 to extend and contact the article. Further details of the bellows type labeler are in U.S. Pat. Nos. 5,829,351, 6,047,755, and 6,230,779, which are hereby incorporated by reference in their entirety.
[0012] While the present invention will be described in connection with the illustrated zing labeler 20, those of ordinary skill in the art will recognize that the present invention works on any type of small article labeler. For example, the present invention can be used with compressed air labelers, tamper labelers, and laid-on type labelers. Compressed air labelers trigger a burst of compressed air at a label when an article approaches which blows the label onto the article. A tamper labeler utilizes a piston-type applicator which tamps labels onto the articles. As compared to bellows, compressed air and tamper labelers, laid-on type labelers have a much simpler construction which does not utilize a separate label applicator mechanism to transport and apply the labels to the articles. Instead, this type of labeler utilizes an elongated applicator arm having a peel blade at its free end. The peel blade separates the labels from a carrier strip so as to position the labels for direct application to the articles. The separated labels are then pressed onto the articles by a roller that is also arranged at the free end of the applicator arm.
…
[0018] The present invention works with several types of labels. For example, the different types of labels may be distinguished by barcodes, hole patterns in the label, images on the label, the shape of the label, etc. Thus, the different types of labels have some sort of visually discernable difference from other labels which defines the particular label type. For example, in one embodiment, the label type is defined by the PLU (Price look Up) number that is on the label. The label types can also be defined by a UPC (Universal Product Code) number, an article type (e.g., apple label, orange label, etc.), a trademark (e.g., Dole.RTM. banana) and the like. To contain and store an inventory count of each label type used, a label database 64 is in communication with processing unit 62. The inventory count is the number of labels present at a defined location. The location is user defined and typically is defined to be the labels that are at a particular packing house. Alternatively, the inventory count may be for both a particular location and for the total number of labels of each label type that are available for use (e.g., the number of labels at a site and at a central warehouse). The label database 64 is also used for tracking usage by label type, for determining historical patterns of label usage, and for obtaining trending information.
[0019] A label sensor 66 in communication with processing unit 62 determines the label type. To this end, the label sensor 66 is mounted proximate to the labeler 20 in a location that enables it to determine the label type. The label sensor 66 can be a camera, an optical sensor, a bar code reader and the like. In one embodiment, a label counter 68 in communication with label sensor 66 and processing unit 62 counts the number of labels dispensed by the labeler 20. While shown as a separate block, label counter 68 may be integrated with label sensor 66 or processing unit 62. In another embodiment, the inventory count is updated after each label is dispensed, eliminating the need for the label counter 68. Although not required, the invention is described hereinafter using the label counter 68.
…
[0025] In this case, one step performed by the system is a check of the current inventory of labels for each label type (step 102). If any inventory count for a particular label type is below a threshold set by a user having authorization, an action such as an alarm is generated (step 104). The action can be a message, an illuminated light, an audio alarm, and the like. A different threshold can be set for each label type via the operator interface 70 or remotely via the gateway 76. In one embodiment, the action is a message that appears on the touch screen 72. The message is also sent to the label supplier and personnel responsible for ordering labels via the gateway 76 indicating that there is a pending shortage for the particular label type. An alarm message is placed on the label inventory report until the inventory for the label type is increased above the threshold. In another embodiment, the processing unit 62 sends a flag to a labeling service via the gateway 76 and the labeling service automatically orders labels to update the inventory.
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 the additional limitations of further comprising: a label adsorber configured to adsorb a label attached to the first tape and the second tape; and a camera arranged adjacent to the label adsorber and configured to detect feeding of the label because Hinton teaches combining label application with splicing or fusing in order to achieve automatically splicing a fresh roll of packaging labels to the terminal portion of a depleted roll of labels in order to permit uninterrupted application of these labels to the packaging and because Tate teaches applying and tracking usage by label type, for determining historical patterns of label usage, and for obtaining trending information and to update the inventory.
As to claim 5, Emenaker does not disclose wherein: the camera is further configured to count a number of labels to be fed to the label adsorber and to transfer the counted number of labels to the controller, and the controller is further configured to operate the fuser and the cutter in response to a comparison between the counted number of labels and a preset value.
However, Tate discloses wherein: the camera is further configured to count a number of labels to be fed to the label adsorber and to transfer the counted number of labels to the controller, and the controller is further configured to operate the fuser and the cutter in response to a comparison between the counted number of labels and a preset value. See paragraph 0018-0019 and 0025, disclosing:
[0018] The present invention works with several types of labels. For example, the different types of labels may be distinguished by barcodes, hole patterns in the label, images on the label, the shape of the label, etc. Thus, the different types of labels have some sort of visually discernable difference from other labels which defines the particular label type. For example, in one embodiment, the label type is defined by the PLU (Price look Up) number that is on the label. The label types can also be defined by a UPC (Universal Product Code) number, an article type (e.g., apple label, orange label, etc.), a trademark (e.g., Dole.RTM. banana) and the like. To contain and store an inventory count of each label type used, a label database 64 is in communication with processing unit 62. The inventory count is the number of labels present at a defined location. The location is user defined and typically is defined to be the labels that are at a particular packing house. Alternatively, the inventory count may be for both a particular location and for the total number of labels of each label type that are available for use (e.g., the number of labels at a site and at a central warehouse). The label database 64 is also used for tracking usage by label type, for determining historical patterns of label usage, and for obtaining trending information.
[0019] A label sensor 66 in communication with processing unit 62 determines the label type. To this end, the label sensor 66 is mounted proximate to the labeler 20 in a location that enables it to determine the label type. The label sensor 66 can be a camera, an optical sensor, a bar code reader and the like. In one embodiment, a label counter 68 in communication with label sensor 66 and processing unit 62 counts the number of labels dispensed by the labeler 20. While shown as a separate block, label counter 68 may be integrated with label sensor 66 or processing unit 62. In another embodiment, the inventory count is updated after each label is dispensed, eliminating the need for the label counter 68. Although not required, the invention is described hereinafter using the label counter 68.
…
[0025] In this case, one step performed by the system is a check of the current inventory of labels for each label type (step 102). If any inventory count for a particular label type is below a threshold set by a user having authorization, an action such as an alarm is generated (step 104). The action can be a message, an illuminated light, an audio alarm, and the like. A different threshold can be set for each label type via the operator interface 70 or remotely via the gateway 76. In one embodiment, the action is a message that appears on the touch screen 72. The message is also sent to the label supplier and personnel responsible for ordering labels via the gateway 76 indicating that there is a pending shortage for the particular label type. An alarm message is placed on the label inventory report until the inventory for the label type is increased above the threshold. In another embodiment, the processing unit 62 sends a flag to a labeling service via the gateway 76 and the labeling service automatically orders labels to update the inventory.
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 the additional limitations of wherein: the camera is further configured to count a number of labels to be fed to the label adsorber and to transfer the counted number of labels to the controller, and the controller is further configured to operate the fuser and the cutter in response to a comparison between the counted number of labels and a preset value because Tate teaches applying and tracking usage by label type, for determining historical patterns of label usage, and for obtaining trending information and to update the inventory.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) as applied to claims 1, 8 and 9 above, and further in view of Payne (US 5899406 A)
As to claim 6, Emenaker does not disclose further comprising an alarm configured to generate an alarm according to a signal generated by the controller if it is determined that the fuser and the cutter need to operate.
However, Payne discloses further comprising an alarm configured to generate an alarm according to a signal generated by the controller if it is determined that the fuser and the cutter need to operate. See the abstract, disclosing:
In any case, when the end detector detects the end of a reel, it is preferred that an alarm is sounded, or a light illuminated, to alert a user to initiate the joining of the two pieces of webbing material.
See also column 6, lines 8-10, disclosing:
At this point, a warning light on the machine is illuminated, or an audible alarm sounded, to indicate to an operator that material is shortly to run out.
See also column 10, lines 44-46, disclosing:
A light is then illuminated, or a buzzer sounds, to alert the operator of the splicing apparatus to carry out the splicing operation.
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 further comprising an alarm configured to generate an alarm according to a signal generated by the controller if it is determined that the fuser and the cutter need to operate as taught by Payne in order to indicate to an operator that material is shortly to run out.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) as applied to claims 1, 8 and 9 above, and further in view of Klein (US 20020084014 A1).
As to claim 7, Emenaker does not disclose further comprising a tape transfer roll configured to transfer the first tape and the second tape, after a label attached to the first tape and the second tape is removed.
However, Klein discloses that it is known in label application apparatus to utilize further comprising a tape transfer roll (“waste roll 222”) configured to transfer the first tape and the second tape, after a label attached to the first tape and the second tape is removed. See especially paragraph 0049, disclosing “Supply web 216 is caused to pass over peel tip 220 to waste roll 222, where it is wound for disposal or reuse.”
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 further comprising a tape transfer roll configured to transfer the first tape and the second tape, after a label attached to the first tape and the second tape is removed as taught by Klein in order to recover a liner or web for disposal or reuse.
Claim(s) 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) and Hinton (US 5643395 A).
As to claim 10, Emenaker discloses continuous tape feeding method, comprising:
feeding a first tape wound around a first tape fixing roll (“a first roll 12 of a thermoplastic film or web 14”) to a product assembler (“the continuous web of thermoplastic material supplied by apparatus 10 thereto could be advanced to a laminating device, a cutting device, a converting operation”);
determining, by a controller (“a programmable controller” and “temperature control means 40”), whether a timing for a tape replacement occurred (“When first roll 12 of thermoplastic webbing 14 becomes substantially exhausted, first detector means 18 generates an electrical signal to indicate the low roll status of first roll 12. Typically, the signal is received by the central electronic controller (not shown) which is preferably provided for controlling most, if not all, of the driven components of apparatus 10.”);
connecting, by a fuser, the first tape to a second tape through fusion to form a connection portion (“heater means 36 for applying heat to the overlapping clamped portions of first webbing 14 and second webbing 22 for generating a thermally spliced seam therebetween”);
cutting, by a cutter, the first tape (“cutter means 38 for severing first web 14 above the spliced seam”); and
feeding the second tape wound around a second tape fixing roll to the product assembler. (“the continuous web of thermoplastic material supplied by apparatus 10 thereto could be advanced to a laminating device, a cutting device, a converting operation, etc., for use in manufacturing various products, such as disposable absorbent articles”).
See column 3, line 48 to column 4, line 22, as well as column 5, lines 34-62 and marked up Figure 1, cited above in the rejection of claim 1.
See column 4, lines 23-39 disclosing:
While no particular downstream apparatus is shown, it will be understood that the continuous web of thermoplastic material supplied by apparatus 10 thereto could be advanced to a laminating device, a cutting device, a converting operation, etc., for use in manufacturing various products, such as disposable absorbent articles. For clarity, the method and apparatus of the present invention are particularly well-suited for heat splicing of elastomeric thermoplastic films or webbing, such as Exxon 500 elastomeric film. having anti-blocking compounds incorporated therein which keep the elastomeric film from sticking to itself when stored on a roll over an extended period of time. Such compounds have heretofore inhibited the use of conventional adhesive or tape splicing techniques, thereby facilitating the development and application of the novel method and apparatus of the present invention.
See also column 5, line 63 to column 6, line 37, disclosing the operating method:
With particular reference now to FIGS. 2 through 5, the sequence of operations for heat splicing first and second webs 14 and 22. respectively, together upon the detection of a low roll condition will now be described in greater detail. While the following method is disclosed in conjunction with splicing leading end 84 of second webbing 22 to first webbing 14, it will be appreciated that in the subsequent splicing operation, a leading end of a new first roll 12 will be spliced to second webbing 22. Referring particularly to FIG. 2, a fragmentary and somewhat schematic side elevation view is shown for illustrating the positioning of first and second thermoplastic webs 14 and 22 prior to carrying out the heat splicing step as first roll 12 of thermoplastic webbing 14 is being fed downstream. However, upon the continued supply of first thermoplastic webbing 14, first roll 12 becomes substantially exhausted. When first roll 12 of thermoplastic webbing 14 becomes substantially exhausted, first detector means 18 generates an electrical signal to indicate the low roll status of first roll 12. Typically, the signal is received by the central electronic controller (not shown) which is preferably provided for controlling most, if not all, of the driven components of apparatus 10. In response to the low roll status signal generated by first detector means 18, second clamp means 42 is actuated for closing tension clamps 62 and 64. Concurrently, the speed of first unwind belt 54 is ramped down to temporarily discontinue the forward advancement of first webbing 14 from first roll 12. This results in zero tension loading (i.e., loose webbing) being exerted on the portion of first web 14 located within the opening formed between splicer clamps 58 and 60. More particularly, second clamp means 42 is shown in FIG. 3 to be advanced for clamping first webbing 14. As such, tension clamps 62 and 64 are clamped together to inhibit continued advancement of web 14 therethrough. Simultaneously or shortly thereafter, splicer clamps 58 and 60 are advanced toward a closed position upon controlled actuation of actuator means 32 in preparation for performing the heat splicing operation. As the slicer clamps 58 and 60 are advanced the spring-loaded plates 92 and 92' entrap a portion of the first and second thermoplastic webs between the anvil 94 prior to carrying out the heat splicing and web severing steps.
Emenaker does not disclose feeding a first tape… such that a label from the first tape is fed to the product assembler or feeding a second tape… such that a label from the second tape is fed to the product assembler. Emenaker however does discloses a large number of downstream apparatus, disclosing “While no particular downstream apparatus is shown, it will be understood that the continuous web of thermoplastic material supplied by apparatus 10 thereto could be advanced to a laminating device, a cutting device, a converting operation, etc., for use in manufacturing various products”
Additionally, Hinton discloses that it is known to use a labeling assembly as a product assembler such that the two operate to perform feeding a first tape… such that a label from the first tape is fed to the product assembler or feeding a second tape… such that a label from the second tape is fed to the product assembler. Column 1, lines 4-9, discloses:
This invention relates to apparatus for splicing labels and, more particularly, and apparatus for automatically splicing a fresh roll of packaging labels to the terminal portion of a depleted roll of labels in order to permit uninterrupted application of these labels to the packaging, and the like.
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 the additional limitations of feeding a first tape… such that a label from the first tape is fed to the product assembler or feeding a second tape… such that a label from the second tape is fed to the product assembler by utilizing a label applicator such as that taught in Hinton in order to achieve automatically splicing a fresh roll of packaging labels to the terminal portion of a depleted roll of labels in order to permit uninterrupted application of these labels to the packaging.
As to claim 13, Emenaker further comprising cutting, by the cutter, a first tape portion between the connection portion and the first tape fixing roll (“cutter means 38 for severing first web 14 above the spliced seam” See also “More particularly, cutter means 38 includes a retractable knife 100 which is advanced over anvil 94 for severing first web 14 of thermoplastic material.”). See especially Figure 4, which shows the limitation:
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) and Hinton (US 5643395 A) as applied to claims 10 and 13 above, and further in view of Stern (US 4151594 A).
As to claim 11, Emenaker does not disclose wherein determining by the controller includes: measuring, by a load cell portion, a load of the first tape fixing roll; and determining, by the controller, that the timing for the tape replacement occurred in response to the load of the first tape fixing roll detected by the load cell portion being less than or equal to a preset value.
However, Stern discloses and makes obvious wherein determining by the controller includes: measuring, by a load cell portion (“a load cell”), a load of the first tape fixing roll; and determining, by the controller, that the timing for the tape replacement occurred in response to the load of the first tape fixing roll detected by the load cell portion being less than or equal to a preset value (“at a predetermined value”). See column 8, lines 29-34, disclosing:
The steady state response of the web control system of the present invention is dependent upon an accurate determination of the effective diameter of the feed roll. The method of diameter determination is illustrated in FIG. 5 which shows the diameter circuit 78 in detail. The diameter determination utilizes a force balance system such as the dancer system illustrated or a load cell where the tension on the web is proportional to the applied external load.
See column 13, lines 13-30, disclosing:
Accurate positioning of the new roll is initiated manually or automatically at a predetermined diameter. The appropriate diameter can be determined by the comparison of the output of the diameter circuit 78 which, as described in detail above, is based on the effective diameter of the expiring roll or by conventional methods. The positioning circuitry and sensing consists of a retroreflective scanner mounted such that a light beam would be broken by the outside of the roll on its center line. The outside of the roll will intercept the beam at the same position independent of roll size. The logic of positioning is such that if the beam is unbroken, the roll will advance until the beam is broken and stop. If the beam is initially interrupted, the roll will be advanced in the reverse direction such that it will back up until the beam is unbroken and then advance towards the beam until the beam is broken again and stop.
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 wherein determining by the controller includes: measuring, by a load cell portion, a load of the first tape fixing roll; and determining, by the controller, that the timing for the tape replacement occurred in response to the load of the first tape fixing roll detected by the load cell portion being less than or equal to a preset value as taught by Stern in order to achieve accurate positioning of the new roll.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) and Hinton (US 5643395 A) as applied to claims 10 and 13 above, and further in view of Tate (US 20030056869 A1)
As to claim 12, Emenaker does not disclose wherein determining by the controller includes: counting, by a camera, a number of labels to be fed to a label adsorber; and determining, by the controller, that the timing for the tape replacement occurred in response to the number of labels counted by the camera being greater than or equal to a preset value.
Hinton as applied above discloses that it is known to use a labeling assembly with fuser (or splicer). Column 1, lines 4-9, discloses:
This invention relates to apparatus for splicing labels and, more particularly, and apparatus for automatically splicing a fresh roll of packaging labels to the terminal portion of a depleted roll of labels in order to permit uninterrupted application of these labels to the packaging, and the like.
Additionally, Tate discloses wherein determining by the controller includes: counting, by a camera (“label sensor 66 can be a camera,”), a number of labels to be fed to a label adsorber (“a vacuum or bellows type labeler”); and determining, by the controller, that the timing for the tape replacement occurred in response to the number of labels counted by the camera being greater than or equal to a preset value.
See paragraph 0011-12 and 0018-19, disclosing:
[0011] The present invention provides an inventory control system for labelers. Turning to the drawings, wherein like reference numerals refer to like elements, an exemplary labeler 20 with which the present invention can be used is illustrated in FIG. 1. The illustrated labeler 20 is a vacuum or bellows type labeler. The labeler 20 includes a label cassette 22 engaged with the labeler housing 24. The label cassette 22 supplies a label carrier strip 28 which is led through the cassette to a separation plate which separates the labels from the carrier strip. A rotary bellows wheel is arranged underneath the separation plate and operates to apply the separated labels to articles 30, in the illustrated embodiment fruit or vegetables, that are carried past the labeler on a conveyor 32. In particular, the bellows wheel includes a number of bellows 26 that respectively pick up each separated label by means of a vacuum applied through the respective bellows 26. The bellows 26 then transports the label to an article 30 and applies the labels to the article through expansion of the bellows. An article sensor 34 detects when an article 30 approaches the label application position and signal the labeler controller 90 (see FIG. 3) which, in turn, directs the bellows 26 to extend and contact the article. Further details of the bellows type labeler are in U.S. Pat. Nos. 5,829,351, 6,047,755, and 6,230,779, which are hereby incorporated by reference in their entirety.
[0012] While the present invention will be described in connection with the illustrated zing labeler 20, those of ordinary skill in the art will recognize that the present invention works on any type of small article labeler. For example, the present invention can be used with compressed air labelers, tamper labelers, and laid-on type labelers. Compressed air labelers trigger a burst of compressed air at a label when an article approaches which blows the label onto the article. A tamper labeler utilizes a piston-type applicator which tamps labels onto the articles. As compared to bellows, compressed air and tamper labelers, laid-on type labelers have a much simpler construction which does not utilize a separate label applicator mechanism to transport and apply the labels to the articles. Instead, this type of labeler utilizes an elongated applicator arm having a peel blade at its free end. The peel blade separates the labels from a carrier strip so as to position the labels for direct application to the articles. The separated labels are then pressed onto the articles by a roller that is also arranged at the free end of the applicator arm.
…
[0018] The present invention works with several types of labels. For example, the different types of labels may be distinguished by barcodes, hole patterns in the label, images on the label, the shape of the label, etc. Thus, the different types of labels have some sort of visually discernable difference from other labels which defines the particular label type. For example, in one embodiment, the label type is defined by the PLU (Price look Up) number that is on the label. The label types can also be defined by a UPC (Universal Product Code) number, an article type (e.g., apple label, orange label, etc.), a trademark (e.g., Dole.RTM. banana) and the like. To contain and store an inventory count of each label type used, a label database 64 is in communication with processing unit 62. The inventory count is the number of labels present at a defined location. The location is user defined and typically is defined to be the labels that are at a particular packing house. Alternatively, the inventory count may be for both a particular location and for the total number of labels of each label type that are available for use (e.g., the number of labels at a site and at a central warehouse). The label database 64 is also used for tracking usage by label type, for determining historical patterns of label usage, and for obtaining trending information.
[0019] A label sensor 66 in communication with processing unit 62 determines the label type. To this end, the label sensor 66 is mounted proximate to the labeler 20 in a location that enables it to determine the label type. The label sensor 66 can be a camera, an optical sensor, a bar code reader and the like. In one embodiment, a label counter 68 in communication with label sensor 66 and processing unit 62 counts the number of labels dispensed by the labeler 20. While shown as a separate block, label counter 68 may be integrated with label sensor 66 or processing unit 62. In another embodiment, the inventory count is updated after each label is dispensed, eliminating the need for the label counter 68. Although not required, the invention is described hereinafter using the label counter 68.
…
[0025] In this case, one step performed by the system is a check of the current inventory of labels for each label type (step 102). If any inventory count for a particular label type is below a threshold set by a user having authorization, an action such as an alarm is generated (step 104). The action can be a message, an illuminated light, an audio alarm, and the like. A different threshold can be set for each label type via the operator interface 70 or remotely via the gateway 76. In one embodiment, the action is a message that appears on the touch screen 72. The message is also sent to the label supplier and personnel responsible for ordering labels via the gateway 76 indicating that there is a pending shortage for the particular label type. An alarm message is placed on the label inventory report until the inventory for the label type is increased above the threshold. In another embodiment, the processing unit 62 sends a flag to a labeling service via the gateway 76 and the labeling service automatically orders labels to update the inventory.
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 the additional limitations of wherein determining by the controller includes: counting, by a camera, a number of labels to be fed to a label adsorber; and determining, by the controller, that the timing for the tape replacement occurred in response to the number of labels counted by the camera being greater than or equal to a preset value because Hinton teaches combining label application with splicing or fusing in order to achieve automatically splicing a fresh roll of packaging labels to the terminal portion of a depleted roll of labels in order to permit uninterrupted application of these labels to the packaging and because Tate teaches applying and tracking usage by label type, for determining historical patterns of label usage, and for obtaining trending information and to update the inventory.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emenaker (US 5514237 A) and Hinton (US 5643395 A) as applied to claims 10 and 13 above, and further in view of Klein (US 20020084014 A1).
As to claim 14, Emenaker does not disclose further comprising, after the label attached to the first tape and the second tape is fed to the product assembler, transferring the first tape and the second tape, from which the label is removed, via a tape transfer roll.
However, Klein discloses that it is known in label application methods to perform the additional limitation of further comprising, after the label attached to the first tape and the second tape is fed to the product assembler, transferring the first tape and the second tape, from which the label is removed, via a tape transfer roll. See especially paragraph 0049, disclosing “Supply web 216 is caused to pass over peel tip 220 to waste roll 222, where it is wound for disposal or reuse.”
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 performing the additional limitation of further comprising, after the label attached to the first tape and the second tape is fed to the product assembler, transferring the first tape and the second tape, from which the label is removed, via a tape transfer roll as taught by Klein in order to recover a liner or web for disposal or reuse.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE R KOCH whose telephone number is (571) 272-5807. 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.
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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.
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/GEORGE R KOCH/Primary Examiner, Art Unit 1745
GRK