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)(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) 1-2, 5, 7-9, 11, 13, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Gysi et al (US 2008/0022632).
Regarding claims 1, 7-8 and 15, Gysi discloses a sealing head (41-43) for sealing a container, having at least one sealing unit (41-43) for transmitting seal-generating force and/or energy to the container and having at least one test unit (49,60 and [0025]) integrated at least in part into the sealing unit (41-43) for monitoring sealing quality of the container sealed by the sealing unit (41-43), wherein the test unit (49,60 and [0025]) comprises at least one temperature sensor (49,49") for detecting a sealing temperature, wherein the temperature sensor (49,49") is arranged in a sensor material recess (see 49’) of a main body (43) of a heating unit (43,43”) of the sealing unit (41-43), and/or the temperature sensor (49') is arranged in a sensor material recess (see 49’) of a sealing tool of the sealing unit (41-43), wherein the sensor material recess (see 49") of the sealing tool (43) is arranged in a region near the heating unit (43”). See Figs. 10-14.
Regarding claim 9, Gysi discloses during sealing performed by the sealing unit (41-43) the test unit (49, 60) detects at least one test parameter (temperature) in order to determine sealing quality.
Regarding claims 2, 5, 11, 13 and 17, Gysi discloses a plurality of sensors or thermometers are disclosed therein which are arranged around the sealing region and evaluate the signals.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3-4, 6, 10, 12, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gysi et al (US 2008/0022632) in view of Ehrmann et al (US Patent 11,418,359).
Regarding claims 3-4 and 16, Ehrmann discloses a packaging machine which employs pressure sensors 42 (see col. 7, lines 1-12). It would have been obvious to one having ordinary skill in the art to employ a pressure sensor, as taught by Ehrmann, in the apparatus of Gysi in order to provide the predictable result of more precisely controlling known process parameters in the manufacturing operation. In addition, it is the examiner’s position that pneumatic cylinders are well known and conventional in the art and would have been obvious to employ in the pressure-sensing system of Ehrmann.
Regarding claims 6, 10, 12 and 14, it is the examiner’s position that comparing sequential units to determine quality is well known and conventional in the art in order to provide the predicable result of enabling predictive modeling of future operational failure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/ Primary Examiner, Art Unit 1745