CTNF 18/628,940 CTNF 74804 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-8, 11-13 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Lieber et al (2014/0179184) . “The wrapped goods can, e.g., be loads on pallets or hay bales , where nettings for wrapping pallets are typically stretched more and have higher target elongation than nettings for hay bales .” [0052] Other, typically visual means may be provided for the equipment operator to determine the best tension value and to control this value, regardless of the material being wrapped, and without the necessity for external facilities or the uncomfortable measuring and calculating method. According to some embodiments of the invention, the measurability of the elongation is an inherent part of the netting. Embodiments are directed to any netting having an inherent elongation indicator for measuring the length of the netting when the netting is stretched lengthwise. Embodiments relate to a netting having a visual indicator designated for the determination of the elongation percentage of the netting d uring working conditions, e.g., for the purpose of achieving optimal tension values for wrapping objects such as pallets or agricultural bales . “For instance, the longitudinal indicator ribbon may have a color that is dependent on the tensile stress applied to the ribbon. The characteristic of such a longitudinal ribbon is therefore its tension dependent color . A certain color of the longitudinal indicator ribbon that corresponds to the tensile stress applied at the moment where the target elongation is reached 15 WO 2012/160403 PCT/IB2011/001090 can indicate this target state of the netting to an operator.” “[0066] In some embodiments, the at least one indicator ribbon includes or is a longitudinal indicator ribbon. The longitudinal indicator ribbon may form the elongation indicator all by itself. For instance, the longitudinal indicator ribbon may have a color that is dependent on the tensile stress applied to the ribbon. The characteristic of such a longitudinal ribbon is therefore its tension dependent color . A certain color of the longitudinal indicator ribbon that corresponds to the tensile stress applied at the moment where the target elongation is reached can indicate this target state of the netting to an operator. Providing the at least one indicator ribbon with a normal color, i.e., a color that does not change upon elongating the netting can help making the at least one indicator ribbon better discernible if this normal color is different from the color of the other ribbons, but such a normal color does not constitute a characteristic responsive to longitudinal stretching.” “In other embodiments, the elongation indicators may be configured to indicate different target elongations. For example, a first elongation indicator may be configured to indicate the desired target elongation for wrapping, while a second indicator, e.g., having a different color, is configured to indicate a critical elongation. Therein, the critical elongation is the elongation of the netting beyond which breaking or rupture of the netting will soon occur, e.g., will occur if the netting is stretched by another 5% of it original length. [0075] Alternatively or additionally, one elongation indicator may be adapted to indicate a minimum desired target elongation and another one may be configured to indicate a 18 WO 2012/160403 PCT/IB2011/001090 maximum desired target elongation . Therein, the minimum desired target elongation may, e.g., be the elongation below which an object would not be properly wrapped.” “[0077] The at least one indicator ribbon, e.g., the at least two indicator franzes and/or the at least one indicator schuss, may have a different color than the other ribbons, e.g., the first longitudinal franzes and first lateral schusses. If the elongation indicator, or at least some of the ribbons forming part thereof, have a different color, the elongation indicator is better discernible for an operator of the wrapping machine.” “[0078] The netting may include one, two, three or more than three elongation indicators according to any of the embodiments described herein. Therein, the plurality of elongation indicators may be configured to indicate the same target elongation, but may, e.g., be distributed over the netting for easier visibility and referencing. In other embodiments, the elongation indicators may be configured to indicate different target elongations. For example, a first elongation indicator may be configured to indicate the desired target elongation for wrapping, while a second indicator, e.g., having a different color, is configured to indicate a critical elongation. Therein, the critical elongation is the elongation of the netting beyond which breaking or rupture of the netting will soon occur, e.g., will occur if the netting is stretched by another 5% of it original length.” 1 . A bale binder for wrapping around a circumferential exterior of a cylindrical bale to secure the cylindrical shape of the bale, the bale binder comprising: a sheet of wrap material (netting, taught above); a stretch indicator (indicator ribbon, taught above) disposed on the sheet of wrap material (visual indicator, taught above), wherein the stretch indicator exhibits a stretch characteristic operable to change states based on an amount of stretch of the sheet of wrap material (tension dependent color, taught above); wherein the stretch characteristic of the stretch indicator exhibits a first state when the stretch indicator is disposed in an initial un-stretched condition; wherein the stretch characteristic of the stretch indicator exhibits a second state when the stretch indicator is disposed in a desired stretch condition; (as taught above, with tension the color changes, i.e. from state 1 to state 2) and wherein the desired stretch condition includes a stretch magnitude greater than a pre-determined stretch value relative to the initial un-stretched condition (as taught above, includes desired target). 2 . The bale binder set forth in claim 1, wherein the stretch characteristic includes a visual characteristic (visual, discussed in cl. 1). 3 . The bale binder set forth in claim 1, wherein the stretch characteristic of the stretch indicator includes one of a color , a shape, or a size of the stretch indicator (taught above, color). 4 . The bale binder set forth in claim 1, wherein the first state of the stretch characteristic includes a first color, and wherein the second state of the stretch characteristic includes a second color different from the first color (as taught above, the minimum stretching elongation indicator has one color, the max. desired has a different color). 5 . The bale binder set forth in claim 4, wherein the stretch indicator is operable to change color based on an amount of stretch of the stretch indicator relative to the initial un- stretched condition (the single elongation/stretch indicator change color based on stretching/tensile stress, par. 66, “dependent on the tensile stress applied to the ribbon”). “When the franzes 125 meet each other, the elongation indicator 130 may no longer have a triangular geometry, but the indicator schuss 125 changes from forming triangles with franzes 115 into a state where it is substantially parallel between the two adjacent franzes 115. The operator thereby obtains a visual indication that the netting has reached the target elongation percentage, e.g., 30%.” “[0050] According to another embodiment, a Raschel knitted netting is provided, including at least one indicator characterized in that upon reaching a predetermined elongation percentage of the netting a schuss of the indicator is straightened and two parallel franze ribbons of the indicator meet. The knitted netting may be further characterized in that upon full lateral shrinkage of the indicator the netting itself exhibits lateral shrinkage up to 50% of its original width.” 6 . The bale binder set forth in claim 1, wherein the first state of the stretch characteristic includes a first shape, and wherein the second state of the stretch characteristic includes a second shape different from the first shape (as taught above & par. 82, alternatively, Species II, indicator is non-linear / triangular in 1 st state, parallel / straightened, i.e. linear in the 2nd). 7 . The bale binder set forth in claim 6, wherein the first shape includes a non-linear shape, and wherein the second shape includes a linear shape (already discussed in re cl. 6). “[0058] The netting includes an elongation indicator. The elongation indicator is capable of measuring, respectively indicating, the length or elongation of the netting, typically with respect to a target length or target elongation. The elongation indicator may be configured to indicate or determine when a target length or target elongation of the netting is reached when the netting is longitudinally stretched. The elongation indicator may be is a gauged elongation indicator . That means, the indication of the elongation provided by the elongation indicator is gauged. Gauging may include comparison with a gauge quantity or a gauge measurement of the elongation under working conditions. For instance, the target elongation can be guaranteed to have been reached, within certain tolerances, under predetermined operating conditions of a specific wrapping machine due to the gauging.” 8 . The bale binder set forth in claim 1, wherein the stretch indicator includes indicia applied onto the sheet of wrap material (as taught above, alternatively, Species III, indicator is a gauged = indicia). 11 . The bale binder set forth in claim 1, wherein the sheet of wrap material includes one of a net wrap material or a solid wrap material (taught above). 12 . The bale binder set forth in claim 1, wherein the stretch characteristic of the stretch indicator continuously changes between the first state and the second state proportionally relative to an amount of stretch of the stretch indicator relative to the initial un-stretched condition (as taught above or par. 66, proportionally continuous relative change as tensile stress is applied, “color that is dependent on the tensile stress applied to the ribbon”). 13 . The bale binder set forth in claim 1, wherein the stretch characteristic of the stretch indicator remains in the first state as the amount of stretch of the stretch indicator changes until the desired stretch condition is reached, after which the stretch characteristic of the stretch indicator changes to the second state (as taught above, par. 79, 82) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 9-10, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lieber et al (2014/0179184), in view of Anstey et al (2004/0221547) . 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Lieber teaches above the claimed invention, except: 14 . The bale binder set forth in claim 1, wherein the stretch indicator includes one of a coating and a material attached to the sheet of wrap material (although, it would be obvious that the elongation indicator can include a material with coating attached to the wrap/net, however not taught as such). Anstey teaches that it has been known to attach a visual marker on the wrapping material: “The torn off segment then travels into the baler with the length of wrapping material 54 and is captured between the length of wrapping material 54 and the bale 100 and serves as a visual marker 76 (FIG. 4) to indicate where any extra layer of wrapping material 54 is located. Of course, this assumes that the wrapping material 54 is a clear plastic or other material through which the marker can be seen. Otherwise, the marking device 64 may be placed on the opposite side of the wrapping material 54 so that the marker 76 is on the exterior of the bale 100.” It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the attachment of the stretch indicator of Lieber with the teachings of Anstey , with a reasonable expectation of success since applying adhesive or attachable visual markers would be easy to apply to visualize the strain/stretch/elongation (as taught in Lieber) without undue experimentation and/or effort to one having ordinary engineering skill in the art. 9 . The bale binder set forth in claim 1, wherein the stretch indicator includes a coating operable to change color based on an amount of stretch exhibited by the stretch indicator (taught in the combination, coating or attachable visual marker; intended capability already taught / discussed in the rejection above). 10 . The bale binder set forth in claim 9, wherein the coating is applied onto the sheet of wrap material (already discussed above). Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892 . Chhiber et al (2017/0355492) teaches that it has been known that an adhesive (patch) may change color for visual indication (par. 37). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARPAD FABIAN-KOVACS whose telephone number is (571) 272-6990. The examiner can normally be reached Mo-Th. 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, Joseph Rocca can be reached on (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ARPAD FABIAN-KOVACS/ Primary Examiner, Art Unit 3671 Application/Control Number: 18/628,940 Page 2 Art Unit: 3671 Application/Control Number: 18/628,940 Page 3 Art Unit: 3671 Application/Control Number: 18/628,940 Page 4 Art Unit: 3671 Application/Control Number: 18/628,940 Page 5 Art Unit: 3671 Application/Control Number: 18/628,940 Page 6 Art Unit: 3671 Application/Control Number: 18/628,940 Page 7 Art Unit: 3671 Application/Control Number: 18/628,940 Page 8 Art Unit: 3671 Application/Control Number: 18/628,940 Page 9 Art Unit: 3671 Application/Control Number: 18/628,940 Page 10 Art Unit: 3671 Application/Control Number: 18/628,940 Page 11 Art Unit: 3671 Application/Control Number: 18/628,940 Page 12 Art Unit: 3671 Application/Control Number: 18/628,940 Page 13 Art Unit: 3671
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