Prosecution Insights
Last updated: October 02, 2026
Application No. 18/684,022

PACKAGING MATERIAL PROCESSING MACHINE AND METHOD FOR OPERATING A PACKAGING MATERIAL PROCESSING MACHINE

Final Rejection §102§103
Filed
Feb 15, 2024
Priority
Aug 25, 2021 — EU 21193043.3 +1 more
Examiner
NGUYEN, JIMMY T
Art Unit
3725
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Bobst Mex S.A.
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
765 granted / 1000 resolved
+6.5% vs TC avg
Strong +24% interview lift
Without
With
+24.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
22 currently pending
Career history
1018
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
37.1%
-2.9% vs TC avg
§102
31.1%
-8.9% vs TC avg
§112
28.7%
-11.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1000 resolved cases

Office Action

§102 §103
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 . Response to Amendment The amendment filed on April 30, 2026 has been entered and considered and an action on the merits follows. Specification The proposed amendment to the abstract and the specification filed on April 30, 2026 has been acknowledged and approved. The amendment sufficiently overcomes the disclosure informalities noted in the previous office action. 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. Claims 1-6, 8, and 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bosga et al. (hereinafter “Bosga”) (EP 1981701 B1). Regarding claim 1, Bosga discloses a material processing machine comprising: an upper processing tool (23) and a lower processing tool (see claim 1), the upper processing tool and the lower processing tool being configured for interacting with each other in order to process a material (see claim 1), a drive unit (fig. 1) comprising an electric machine (20) and a flywheel (35), wherein at least one of the upper processing tool (23) and the lower processing tool is coupled to the electric machine (20) via the flywheel (35) (fig. 1) such that the at least one of the upper processing tool and the lower processing tool is movable in a reciprocating manner with respect to the other one of the upper processing tool and the lower processing tool, wherein the flywheel (35) is between the electric machine (20) and the at least one of the upper processing tool (23) and the lower processing tool, an electrical supply unit (see para. 69) being electrically connected to the electric machine such that the electric machine is operable as an electric motor, and an electrical energy recovery unit (see para. 69) being electrically connected (see fig. 1) to the electric machine (20) such that the energy recovery unit is able to store or transfer electrical energy provided by the electric machine operating as an electric generator (para. 69 and claims 12-13), the flywheel (35) being rigidly connected to a shaft of the electric machine (20) (fig. 1). As to the processing machine is used to process a packaging material, as recited in the preamble, said recitation is used to describe an intended use of the processing device. Recitations of intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art teaches the structures of the claimed invention, then the prior art is capable of performing the intended use, therefore, the prior art meets the claimed limitation. See In Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2111.02 and 2114(11). Regarding claim 2, the material processing machine according to claim 1, wherein the energy recovery unit comprises an electric storage means (see claim 13). Regarding claim 3, the material processing machine according to claim 1, wherein the energy recovery unit is connected to a direct current line of the electrical supply unit (see fig. 1). Regarding claim 4, the packaging material processing machine according to claim 3, wherein the energy recovery unit comprises an alternating-current converter (see “converter” in para. 68). Regarding claim 5, the packaging material processing machine according to claim 1, wherein the energy recovery unit comprises a frequency converter (see “a frequency converter” in para. 54). Regarding claim 6, the material processing machine according to claim 1, wherein the energy recovery unit comprises a connection means (fig. 1) for electrically connecting the energy recovery unit to an electricity supply grid. Bosga discloses the processing machine includes an electrical drive system (i.e. electric motors (20 and 22), it is well known in the mechanical art that all machines that have access to electricity are connected to the electricity supply grid in order to receive electricity (Also see “a grid or power network” in col. 11, line 11). Regarding claim 8, the material processing machine according to claim 1, wherein the upper processing tool and the lower processing tool are hot foil stamping tools (see specification col. 16, line 4). Regarding claim 11, the material processing machine according to claim 1, wherein the drive unit further comprises a clutch means (30), and wherein the flywheel (35) is arranged between the electric machine (20) and the clutch means (30) (fig. 1). Regarding claim 12, the material processing machine according to claim 1, wherein the flywheel is configured for suppressing vibrations within the drive unit (see “reduce audible noise, vibration” in the specification col. 8, lines 54-44). Regarding claim 13, the material processing machine according to claim 1, wherein the electric machine is an AC machine (see “AC supply” in the specification, col. 11, lines 18-19), and wherein the electrical supply unit comprises a variable-frequency converter (see “a frequency converter” in the specification col. 11, line 20) for operating the electric machine (20) at varying speed (see “First drive motor 20, which may… be a servo motor”” in the specification col. 11, lines 9-10, in which servo motor is arranged for variable speed). Regarding claim 14, the material processing machine according to claim 3, wherein the direct current line is a direct current bus of the electrical supply unit, and wherein the energy recovery unit is connected to the direct current bus (see “fieldbus” in the specification, col. 20, line 4). Regarding claim 15, the material processing machine according to claim 2, wherein the electric storage means comprises a capacitor and/or a battery (see para. 69, line 14). Regarding claim 16, the material processing machine according to claim 1, wherein the lower processing tool is fixed and the upper processing tool (23) is coupled to a vertical guiding means (25, 27) such that the upper processing tool is vertically movable with respect to the lower processing tool (fig. 1). Regarding claim 17, the packaging material processing machine according to claim 6, wherein the energy recovery unit is configured to transfer electrical energy provided by the electric machine operating as an electric generator to the electricity supply grid via the connection means (see para. 69 and 83). Regarding claim 18, the material processing machine according to claim 11, wherein the flywheel is arranged such that an effect of the flywheel is available regardless of an operating state of the material processing machine (para. 42 and 45-46). Regarding claim 19, the material processing machine according to claim 1, wherein the electric machine has sufficient power to operate the at least one of the upper processing tool and the lower processing tool (see “connected to a grid or power network” in col. 11, line 11, which provides sufficient power to the electric machine 20), and wherein the flywheel is used only to suppress vibrations (see “reduce audible noise, vibration” in the specification col. 8, lines 54-44) and not to store kinetic energy for operating the at least one of the upper processing tool and the lower processing tool. 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bosga in view of Huang (CN 204480833 U). Regarding claim 7, Bosga discloses the invention substantially as claimed as set forth above. Bosga does not expressly disclose two or more drive units each comprising an electric machine and a flywheel, wherein the drive units are connected in parallel to the electrical energy recovery unit. Huang discloses a stamping press having two drive units (5,7) and (8,9), each comprising an electric motor (5, 9) and a flywheel (7,8). (fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine of Bosga to include two drive units each comprising an electric machine and a flywheel, as taught by Huang and connected in parallel to the electrical energy recovery unit, for precise control of power output in a pressing operation. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bosga in view of Liao (CN 108527907 A). Regarding claim 10, the material processing machine according to claim 1, Bosga discloses the drive unit comprising an eccentric (27) connected to the upper processing tool (23) via a lever (25) (fig. 1) for converting a rotational driving motion of the electric machine (20) into a reciprocating movement of the upper processing tool. Bosga does not expressly disclose the lever is a toggle lever. Liao discloses a press comprising a drive unit including an eccentric drive (7, 13) connected to the upper processing tool (15) via a toggle lever mechanism (18 and 20 (fig. 3) for converting a rotational driving motion of an electric machine (4) into a reciprocating movement of the upper processing tool (15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to drive unit of Bosga to include a toggle mechanism, as taught by Liao, in order to enable heavy clamping or forming without requiring massive motor by multiplying small input forces into large output forces at the upper processing tool. Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm. 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, CHRISTOPHER L TEMPLETON can be reached at 571-270-1477. 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. JIMMY T. NGUYEN Primary Examiner Art Unit 3725 /JIMMY T NGUYEN/Primary Examiner, Art Unit 3725
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Prosecution Timeline

Feb 15, 2024
Application Filed
Mar 19, 2026
Non-Final Rejection mailed — §102, §103
Apr 30, 2026
Response Filed
Aug 11, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+24.2%)
2y 9m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1000 resolved cases by this examiner. Grant probability derived from career allowance rate.

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