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
The second to last paragraph of claim 9 includes limitations which were not previously presented and are not indicated via underlining that they have been recently added. For examination purposes, the limitation of “wherein the trailing end of the polymeric wrapping material of the first wrapping unit is independent of the leading end of the second wrapping unit” is deemed to be a new limitation.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-8 and 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mass et al. (US 2004/0121108 A1) hereinafter referred to as Mass in view of in view of Viaud (US Patent 5,311,729) in view of Zhu (US 2021/0070514 A1) in view of Leizhan (Leizhan, “What is Thickness of Each Gram of Kraft Paper”; https://www.leizhanchina.com/kraft-liner-paper-making-line/what-is-thickness-of-each-gram-of-kraft-paper/ ; Retrieved 15 December 2019)
Regarding claim 1, Mass discloses a method of wrapping (figs. 3-8), comprising:
applying (figs. 3, 4 or 6) a leading end (end of 4 closest to 3; or end of 15 closest to 3) of a wrapping unit (#7, fig. 3; “first wrapping cycle”, figs. 4 and 6) to a perimeter of a cotton bale (3; paragraphs 0006, 0032 - “cotton”; paragraph 0033 – “when the bale comes to its full diameter”; paragraphs 0045, 0055 – “cotton bales”, 0057 – “a bale of cotton”) to be wrapped, the wrapping unit having a length (#7, fig. 3; first wrapping cycle, figs. 4 and 6) between the leading end and a trailing end (end of 6 furthest from 3; end of 17 furthest from 3) and including a wrapping material portion (#4, paragraph 0035 - “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material”; or 15 – “non-cling material”) extending from the leading end towards the trailing end, wherein the wrapping unit is a first wrapping unit of a plurality of wrapping units coupled sequentially to one another such that the trailing end of the first wrapping unit is releasably attached to the leading end of a second wrapping unit (paragraph 0031; paragraph 0036 – “When the end of a wrapping cycle is detected the wrapping material 2 can either be torn or separated where the netting film segment 6 of the first wrapping cycle meets the netting segment 4 at the beginning of the second wrapping cycle”; paragraph 0009);
applying the wrapping material portion along at least a portion of the perimeter of the cotton bale (paragraphs 0009, 0033, 0035, 0039; figs. 5 and 8), the wrapping material portion being a non-cling material (#4, paragraph 0035 – “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material…”; #15 – “non-cling material”, paragraph 0039 – “Additionally, it is contemplated by the invention that the term "non-cling" includes netting material, non-cling film, laminate material or any other type of non-cling material”) forming an inner layer (figs. 5 and 8) wrapped around at least one complete revolution around the cotton bale (paragraph 0032 – “each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; paragraph 0039 – “The non-cling segment 15 can either be… a longer segment that covers at least the entire circumference… The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped.”; A segment of either netting 4 or non-cling material 15 being 100%+ of the circumference “C” of item 3 will result in “at least lone complete revolution around the object” per the method disclosed and shown in figs. 5 and 8) and in contact with the cotton bale (figs. 5 and 8), the non-cling material (4; 15) configured to facilitate separation of the wrapping unit from the cotton bale (paragraphs 0035, 0038-0039 – “non-cling” properties facilitate separation from the cotton bale during unwrapping); and
applying a polymeric portion (6; or 16, 17; paragraphs 0032) of the first wrapping unit, the polymeric portion overlapping a portion (figs. 5 and 8; paragraphs 0032-0035; alternatively see fig. 10, paragraph 0044) of and being adhered to (paragraph 0009 – “the term cling describes the adhering nature of a wrapping material with or without the use of a bonding agent”, paragraph 0033 – “The film segment 6 is a one-side cling film that will adhere to the netting segment 4 or to itself during the wrapping process of the item 3”; see also paragraph 0031 – “adhering a film edge 6B to a netting edge 4A in an end-to-end fashion”; alternatively paragraph 0044) the wrapping material portion, the polymeric portion (6; or 16, 17; paragraphs 0032) extending from the wrapping material portion (4 or 15; figs. 3, 4 and 6), along at least a portion of the perimeter of the cotton bale such that the wrapping material portion and the polymeric portion together (7 - wrapping portion; “first wrapping cycle”, figs. 4 and 6) extend more than one complete revolution around the cotton bale (paragraph 0032 – “each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; paragraph 0039 – “The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped.”; Having each segment of 4, 6 (figs. 3-4) and 15, 16, 17 (fig. 6) be 100%+ of the the circumference “C” of item 3 will result in having “the wrapping material portion and the polymeric portion together extend more than one complete revolution around the object” per the method disclosed and shown in figs. 5 and 8), a thickness of the wrapping material portion (4, 15; paragraph 0038 – “the non-cling segment 15 may be a combination of film/netting/film (or any other non-cling material) material that results in a total thickness of about 60-80 microns”) is greater than a thickness of the polymeric portion (6; 16, 17 – paragraph 0032 – “…the film 6 are preferably made from a polyolefin or other synthetic resin, such as polyethylene, or polypropylene, that is approximately 40 microns thick… the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application”; paragraph 0048 – “The cling film was a standard cling film made of LLDPE with an addition of two sticky tapes at the ends. The cling film was 30 µm thick”; paragraph 0051 – “the film… thickness was about 28 microns”); and
releasing the trailing end of the polymeric portion of the first wrapping unit form the leading end of the second wrapping unit (paragraph 0036) causing the trailing end of the first wrapping unit to adhere to an outer surface of the polymeric portion of the first wrapping unit (paragraph 0033 – “The film segment 6 is a one-side cling film that will adhere to the netting segment 4 or to itself during the wrapping process of the item 3”; paragraph 0039 – “the wrapping segment 16 does not adhere to the item 3 being wrapped and, instead, will adhere to the cling surface of the last wrapping segment 17. The cling surfaces of the wrapping segments 16, 17 can be made from different adhesive materials such that improved bonding occurs through a chemical reaction between the different wrapping segments.”).
Mass discloses the wrapping material portion being a non-cling material (#4, paragraph 0035 – “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material…”; #15 – “non-cling material”, paragraph 0039 – “Additionally, it is contemplated by the invention that the term "non-cling" includes netting material, non-cling film, laminate material or any other type of non-cling material”) forming an inner layer wrapped around at least one complete revolution around a cotton bale, but fails to disclose wherein the non-cling-material is innocuous paper.
However, Viaud teaches the wrapping material portion (50) being paper (col. 3 lines 31-35; col. 1 lines 24-33) forming an inner layer wrapped around at least one complete revolution around the cotton bale (col. 1 lines 24-33 – “surrounded with wrapping material”), the paper, when positioned on the object, being innocuous relative to the cotton bale (col. 1 lines 24-33 – “Material formed into bales in a baler, in particular crop (such as hay, straw) or industrial material (paper, cotton, rags or the like), is surrounded with wrapping material… The wrapping material so spooled may be… paper”; col. 2 lines 58-63 – “cotton”. According to the Applicant’s own specification, paragraph 0075, paper wrapping material, such as that in Viaud, would be an innocuous material relative to the baled cotton disclosed in Mass and further taught in Viaud).
Given the teachings of Viaud, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the invention of Mass such that the wrapping portion comprising a non-cling material was paper. Mass already discloses that the wrapping portion is wrapped around at least one complete revolution and that it comprises a non-cling material (e.g. netting or any other non-cling material). Viaud (col. 1 lines 24-33; col. 3 lines 31-35) teaches that it was known in the art of bale wrapping that paper wrapping material was a substitute material for mesh/netting and furthermore paper itself is a material widely known for having non-cling properties. Viaud further teaches that one would wrap a bale at least in one complete revolution using paper. For these reasons, it would have been obvious to one of ordinary skill to modify the netting/non-cling material wrapping portion of Mass to comprise paper. Paper is a widely available and inexpensive wrapping product and also was known for not clinging to the product it was wrapping.
Mass discloses releasing the trailing end of the polymeric portion of the first wrapping unit form the leading end of the second wrapping unit causing the trailing end of the first wrapping unit to adhere to an outer surface of the polymeric portion of the first wrapping unit (paragraphs 0033, 0036 and 0039), but fails to disclose releasing the trailing end of the polymeric portion of the first wrapping unit from the leading end of the second wrapping unit causing the trailing end of the first wrapping unit to translate in a leading direction relative to the second wrapping unit and adhere to an outer surface of the polymeric portion of the first wrapping unit, wherein the trailing end of the polymeric portion of the first wrapping unit is independent of the leading end of the second wrapping unit.
However, Zhu teaches releasing (figs. 4-5; paragraph 0048) the trailing end (#11 near 2, 21, 22, 23) of the film portion of the first wrapping unit (11) from the leading end (#12 near 3) of the second wrapping unit causing the trailing end the first wrapping unit (11) to translate in a leading direction (figs. 4-5; figs. 6-7 – shows that 23 translates in a leading direction toward the bale) relative to the second wrapping unit (12) and adhere (via 21 and 23) to an outer surface of the film portion of the first wrapping unit (paragraphs 0047-0048), wherein the trailing end of the polymeric portion of the first wrapping unit is independent (paragraph 0048 – “When the cycle of the packaging section 1 is ended, the rolling drum stops, and the wrapped cotton can tear the tearing line 3 due to the tension force generated by rotating inertia, thereby separating the packaging sections 1 during packaging”; This separation during the releasing step is deemed to result in the first wrapping unit 11 being independent from the second wrapping unit. The tear line 3 is the boundary between the respective first and second wrapping units) of the leading end of the second wrapping unit.
Given the teachings of Zhu, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Mass such that the releasing of the trailing end of the of the polymeric portion of the first wrapping unit from the leading end of the second wrapping unit caused the trailing end the first wrapping unit to translate in a leading direction to allow for adhering of an outer surface of the polymeric portion of the first wrapping unit, wherein the trailing end of the polymeric portion of the first wrapping unit is independent of the leading end of the second wrapping unit. Mass is already concerned with the problem of having the polymeric film adhered to itself at the end of the wrapping process. Incorporating the teachings of Zhu would allow for adhesive to remain sealed and not exposed to the elements or other film surfaces until it was ready to be utilized.
Mass as modified by Viaud discloses a thickness of the paper (Viaud - col. 3 lines 31-35; col. 1 lines 24-33) wrapping material portion (Mass - #4, paragraph 0035 - “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material”; or 15 – “non-cling material”; Viaud - 50) greater than a thickness (Mass – paragraphs 0032, 0038, 0048, 0051) of the polymeric portion (Mass – 6; 16, 17), but does not disclose the thickness is in a range between 100 and 250 microns.
However, Leizhan teaches the thickness of a paper wrapping material in a range between 100 and 250 microns (pg. 2 – “011A Japanese white kraft paper:… 80g, 0.10mm; 100g, 0.12mm; 120g, 0.15mm; 150g, 0.18mm; 180g, 0.23mm”; “011B Homemade white kraft paper: 08g, 0.23mm; 100g, 0.12mm; 120g, 0.14mm”; “007D Kraft paper: 80g, 0.15mm”; “007B Kraft paper: 80g, 0.15mm”; “033 Exquisite kraft paper: 80g, 0.11mm; 100g, 0.13mm; 150g, 0.18mm”; “012B Swedish kraft paper: 130g, 0.20mm; 175g, 0.24mm”; “034 Russian kraft paper: 130g, 0.20mm; 150g, 0.25mm”; “036 American B brand craft paper: 140g, 0.22mm”; All values between 0.10mm and 0.25mm are in the range of 100 and 250 microns).
Given the teachings of Leizhan it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the thickness of the paper wrapping material portion of Mass as modified by Viaud be in a range between 100 and 250 microns. Mass discloses that the non-cling material can have a total thickness of “about 60-80 microns” which puts it near the cited range. Viaud teaches that non-cling wrapping material for a bale can constitute paper. Leizhan further teaches a common type of paper wrapping material in the form of kraft paper which has a known thickness range between 100 and 250 microns. It would therefore have been obvious to one of ordinary skill in the art before the time of effective filing to have a thickness of the paper wrapping material portion in a range between 100 and 250 microns so as to provide a standard thickness of a known and reliable paper wrapping material so that it had the necessary strength to perform wrapping operations. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (In re Aller, 105 USPQ 233; MPEP 2144.05 I, II).
Regarding claim 3, Mass discloses wherein applying the polymeric portion (6; or 16, 17) of the wrapping unit includes applying (figs. 5 and 8; paragraphs 0033, 0039-0040) the polymeric portion (6; or 16, 17) along at least a portion of the wrapping material portion (4; or 15; figs. 5 and 8).
Regarding claim 4, Mass discloses wherein applying the polymeric portion (6; or 16, 17) of the wrapping unit (#7, fig. 3; “first wrapping cycle”, figs. 4 and 6) includes wrapping the polymeric portion (6; or 16, 17) around at least part of the wrapping material portion (4; or 15) such that the polymeric portion covers at least part of the wrapping material portion (figs. 5 and 8; paragraphs 0033, 0039-0040).
Regarding claim 5, Mass discloses wherein applying the polymeric portion (6; or 16, 17) includes wrapping a second layer (paragraph 0032 – “For example, the lengths of each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; fig. 8; paragraph 0039 – “The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped”) of the polymeric portion around at least part of a first layer of the polymeric portion (fig. 8 – at least shows 17 wrapping around 16; paragraphs 0032, 0039 each disclose that the individual segments can be up to 300% the circumference of the wrapped object and therefore would require wrapping in multiple layers to accommodate such a wrapping material).
Regarding claim 6, Mass discloses wherein applying the polymeric portion (6; or 16, 17) includes wrapping a second layer (paragraph 0032 – “For example, the lengths of each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; fig. 8; paragraph 0039 – “The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped”) of the polymeric portion around at least part of a first layer of the polymeric portion such that the second layer of the polymeric portion covers the wrapping material portion (4; or 15) and the first layer of the polymeric portion (fig. 8 – at least shows 17 wrapping around 15; paragraphs 0032, 0039 each disclose that the individual segments can be up to 300% the circumference of the wrapped object and therefore would require wrapping in multiple layers of the polymeric portion around the wrapping material portion to accommodate such a wrapping material).
Regarding claim 7, Mass discloses wherein applying the wrapping material portion (4; or 15) includes wrapping at least a second layer of the wrapping material portion around at least part of the first layer of the wrapping material portion (paragraph 0032 – “However, the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application. For example, the lengths of each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; paragraph 0039 – “The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped”; A wrapping material portion 4 or 15 at 300% the circumference of the item 3 being wrapped would result in the wrapping material portion being wrapped over itself a plurality of times).
Regarding claim 8, Mass discloses the step of, after (paragraphs 0036-0037 – “first wrapping cycle”) applying the polymeric portion to a cotton bale (3; paragraphs 0006, 0032 - “cotton”; paragraph 0033 – “when the bale comes to its full diameter”; paragraphs 0045, 0055 – “cotton bales”, 0057 – “a bale of cotton”), wrapping a perimeter of a second cotton bale (paragraph 0009 – “next item”) using a second wrapping unit extending from a leading end to a trailing end, the second wrapping unit including a wrapping material portion extending a distance along the second wrapping unit from the leading end, the second wrapping unit further including a polymeric portion extending a distance along the second wrapping unit from the trailing end; applying the leading end and the wrapping material portion of the second wrapping unit to at least a portion of the perimeter of the second cotton bale; and applying the polymeric portion of the second wrapping unit to at least a portion of the perimeter of the second cotton bale (paragraph 0009 – “Accordingly, the next item would be wrapped initially by the next segment of the wrapping material, which would again begin with netting or non-cling film and finish with the cling film upon the completion of the second wrapping cycle”; paragraph 0036 – “second wrapping cycle”; The second wrapping cycle is simply a repeat of the first after the first object has been wrapped).
Regarding claim 31, Mass as modified by Viaud above discloses wherein the trailing end (Mass - end of 6 furthest from 3; end of 17 furthest from 3) of the first wrapping unit (Mass - #7, fig. 3; “first wrapping cycle”, figs. 4 and 6) is the polymeric portion (Mass - 6; or 16, 17; paragraphs 0032) of the first wrapping unit that is releasably attached to the leading end (Mass - end of 4 closest to 4A in fig. 3) of the second wrapping unit (Mass - 7 – rearward wrapping portion; paragraph 0036 - “second wrapping cycle”) that is a wrapping material portion (Mass - 4; 15) of the second wrapping unit being formed of paper (Viaud - col. 3 lines 31-35).
Regarding claim 32, Mass as modified by Viaud above discloses wherein the first wrapping unit (Mass - #7, fig. 3; “first wrapping cycle”, figs. 4 and 6) has a transition zone (Mass - 4A; paragraph 0031) wherein the polymeric portion (Mass - 6; or 16, 17; paragraphs 0032) of the first wrapping unit is coupled to the wrapping material portion (Mass - 4; 15) formed of paper (Viaud - col. 3 lines 31-35) of the first wrapping unit by an adhesive (Mass - 4A; paragraph 0031) at the transition zone.
Regarding claim 33, Mass discloses wherein the polymeric portion (6; or 16, 17) is adhered (paragraph 0031 – “The segments 4, 6 are joined to one another by, for example, adhering a film edge 6B to a netting edge 4A”; see alternatively paragraph 0044) to the wrapping material portion (4 or 15), but doesn’t disclose that the adhering is done by having a portion of the polymeric portion melted onto the wrapping material portion.
However, Zhu teaches wherein the polymeric portion (12) is adhered to the wrapping material portion (11) by having a portion of the polymeric portion melted (paragraphs 0017, 0057, 0069) onto the wrapping material portion.
Given the teachings of Zhu, it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the adhering of the polymeric and wrapping material portions of Mass be done by having them melted onto one another. Mass discloses that it is concerned with the problem of separating the polymeric and wrapping portions (Mass – paragraph 0036) along adhesion lines. Zhu teaches an easy to tear line between two material portions using a holt melt joint. It therefore would have been obvious to one of ordinary skill in the art prior to effective filing to have a portion of the polymeric portion melted onto the wrapping material portion so as to provide for the desired easy to tear line separating the two sections while still allowing for them to be connected until they were ready to be torn.
Claim(s) 9-12, 14, 16-18, 20-22, 24-27 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mass (US 2004/0121108 A1) in view of in view of Viaud (US Patent 5,311,729) in view of Zhu (US 2021/0070514 A1) in view of Leizhan (Leizhan, “What is Thickness of Each Gram of Kraft Paper”; https://www.leizhanchina.com/kraft-liner-paper-making-line/what-is-thickness-of-each-gram-of-kraft-paper/ ; Retrieved 15 December 2019) in view of Wigdahl et al. (US 2010/0192513 A1) hereinafter referred to as Wigdahl.
Regarding claim 9, Mass discloses a method of wrapping (figs. 3-8) an agricultural product (3; paragraphs 0032-0033), comprising:
using a work machine (paragraph 0033 – “the wrapping can be carried out on an agricultural baler known in the art for baling hay, straw or other agricultural crops”);
forming collected agricultural product into a bale in a chamber of the work machine (paragraph 0033), wherein the bale has a shape extending along a central axis (paragraph 0033; figs. 3, 4 and 6);
applying a wrapping material (#4, paragraph 0035 - “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material”; or 15 – “non-cling material”) of a first wrapping unit (#7 closest to #3, fig. 3; “first wrapping cycle”, figs. 4 and 6) to a longitudinal exterior surface of the bale in the chamber of the work machine (paragraphs 0009, 0033, 0035, 0039; figs. 5 and 8), the wrapping material being a non-cling material (#4, paragraph 0035 – “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material…”; #15 – “non-cling material”, paragraph 0039 – “Additionally, it is contemplated by the invention that the term "non-cling" includes netting material, non-cling film, laminate material or any other type of non-cling material”) forming an inner layer (figs. 5 and 8) wrapped around at least one complete revolution (paragraph 0032 – “each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; paragraph 0039 – “The non-cling segment 15 can either be… a longer segment that covers at least the entire circumference… The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped.”; A segment of either netting 4 or non-cling material 15 being 100%+ of the circumference “C” of item 3 will result in “at least lone complete revolution around the object” per the method disclosed and shown in figs. 5 and 8) around a cotton bale (3; paragraphs 0006, 0032 - “cotton”; paragraph 0033 – “when the bale comes to its full diameter”; paragraphs 0045, 0055 – “cotton bales”, 0057 – “a bale of cotton”) and in contact with the cotton bale (figs. 5 and 8; paragraphs 0006, 0032 - “cotton”), the non-cling material (4; 15) configured to facilitate separation of the first wrapping unit from the cotton bale (paragraphs 0035, 0038-0039 – “non-cling” properties facilitate separation from the object during unwrapping), wherein the first wrapping unit is one of a plurality of wrapping units coupled sequentially to one another such that a trailing end of the first wrapping unit is releasably attached to a leading end of a second wrapping unit (paragraph 0031; paragraph 0036 – “When the end of a wrapping cycle is detected the wrapping material 2 can either be torn or separated where the netting film segment 6 of the first wrapping cycle meets the netting segment 4 at the beginning of the second wrapping cycle”; paragraph 0009);
applying a polymeric wrapping material (6; or 16, 17; paragraphs 0032-0034, 0039) overlapping a portion (figs. 5 and 8; paragraphs 0032-0035; alternatively see fig. 10, paragraph 0044) of and being adhered to (paragraph 0009 – “the term cling describes the adhering nature of a wrapping material with or without the use of a bonding agent”, paragraph 0033 – “The film segment 6 is a one-side cling film that will adhere to the netting segment 4 or to itself during the wrapping process of the item 3”; see also paragraph 0031 – “adhering a film edge 6B to a netting edge 4A in an end-to-end fashion”; alternatively paragraph 0044) the wrapping material portion, the polymeric wrapping material extending from (@ 6A; paragraph 0031) the wrapping material (4; 15) of the first wrapping unit to the longitudinal exterior surface of the bale in the chamber of the work machine (figs. 3-6 and 8; paragraph 0033), wherein a thickness of the wrapping material (4, 15; paragraph 0038 – “the non-cling segment 15 may be a combination of film/netting/film (or any other non-cling material) material that results in a total thickness of about 60-80 microns”) is greater than a thickness of the polymeric wrapping material (6; 16, 17 – paragraph 0032 – “…the film 6 are preferably made from a polyolefin or other synthetic resin, such as polyethylene, or polypropylene, that is approximately 40 microns thick… the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application”; paragraph 0048 – “The cling film was a standard cling film made of LLDPE with an addition of two sticky tapes at the ends. The cling film was 30 µm thick”; paragraph 0051 – “the film… thickness was about 28 microns”);
releasing the trailing end of the polymeric wrapping material of the first wrapping unit form the leading end of the second wrapping unit (paragraph 0036) causing the trailing end of the first wrapping unit to adhere to an outer surface of the polymeric wrapping material of the first wrapping unit (paragraph 0033 – “The film segment 6 is a one-side cling film that will adhere to the netting segment 4 or to itself during the wrapping process of the item 3”; paragraph 0039 – “the wrapping segment 16 does not adhere to the item 3 being wrapped and, instead, will adhere to the cling surface of the last wrapping segment 17. The cling surfaces of the wrapping segments 16, 17 can be made from different adhesive materials such that improved bonding occurs through a chemical reaction between the different wrapping segments.”).
Mass discloses the wrapping material being a non-cling material (#4, paragraph 0035 – “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material…”; #15 – “non-cling material”, paragraph 0039 – “Additionally, it is contemplated by the invention that the term "non-cling" includes netting material, non-cling film, laminate material or any other type of non-cling material”) forming an inner layer wrapped around at least one complete revolution around the cotton bale, but fails to disclose wherein the non-cling-material is innocuous paper.
However, Viaud teaches a non-cling, wrapping material (50) being paper (col. 3 lines 31-35) forming an inner layer wrapped around at least one complete revolution around the cotton bale (col. 1 lines 24-33 – “surrounded with wrapping material”), the paper when positioned on the cotton bale, being innocuous relative to the cotton bale (col. 1 lines 24-27 – “Material formed into bales in a baler, in particular crop (such as hay, straw) or industrial material (paper, cotton, rags or the like), is surrounded with wrapping material”; col. 2 lines 58-63 – “cotton”. According to the Applicant’s own specification, paragraph 0075, paper wrapping material, such as that in Viaud, would be an innocuous material relative to the cotton object disclosed in Mass and further taught in Viaud).
Given the teachings of Viaud, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the invention of Mass such that the wrapping portion comprising a non-cling material was paper. Mass already discloses that the wrapping portion is wrapped around at least one complete revolution and that it comprises a non-cling material (e.g. netting or any other non-cling material). Viaud (col. 1 lines 24-33; col. 3 lines 31-35) teaches that it was known in the art of bale wrapping that paper wrapping material was a substitute material for mesh/netting and furthermore paper itself is a material widely known for having non-cling properties. Viaud further teaches that one would wrap a bale at least in one complete revolution using paper. For these reasons, it would have been obvious to one of ordinary skill to modify the netting/non-cling material wrapping material of Mass to comprise paper. Paper is a widely available and inexpensive wrapping product and also was known for not clinging to the product it was wrapping.
Mass discloses releasing the trailing end of the polymeric wrapping material of the first wrapping unit form the leading end of the second wrapping unit causing the trailing end of the first wrapping unit to adhere to an outer surface of the polymeric wrapping material of the first wrapping unit (paragraphs 0033, 0036 and 0039), but fails to disclose releasing the trailing end of the polymeric wrapping material of the first wrapping unit from the leading end of the second wrapping unit causing the trailing end the first wrapping unit to translate in a leading direction relative to the second wrapping unit and adhere to an outer surface of the polymeric wrapping material of the first wrapping unit, wherein the trailing end of the polymeric wrapping material of the first wrapping unit is independent of the leading end of the second wrapping unit.
However, Zhu teaches releasing the trailing end (#11 near 2, 21, 22, 23) of the wrapping material of the first wrapping unit (11) from the leading end (#12 near 3) of the second wrapping unit causing the trailing end the first wrapping unit (11) to translate in a leading direction (figs. 4-5; figs. 6-7 – shows that 23 translates in a leading direction toward the bale) relative to the second wrapping unit (12) and adhere (via 21 and 23) to an outer surface of the wrapping material of the first wrapping unit (paragraphs 0047-0048), wherein the trailing end of the polymeric wrapping material of the first wrapping unit is independent (paragraph 0048 – “When the cycle of the packaging section 1 is ended, the rolling drum stops, and the wrapped cotton can tear the tearing line 3 due to the tension force generated by rotating inertia, thereby separating the packaging sections 1 during packaging”; This separation during the releasing step is deemed to result in the first wrapping unit 11 being independent from the second wrapping unit. The tear line 3 is the boundary between the respective first and second wrapping units) of the leading end of the second wrapping unit.
Given the teachings of Zhu, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Mass such that the releasing of the trailing end of the of the polymeric wrapping material of the first wrapping unit from the leading end of the second wrapping unit caused the trailing end the first wrapping unit to translate in a leading direction to allow for adhering of an outer surface of the polymeric wrapping material of the first wrapping unit, wherein the trailing end of the polymeric wrapping material of the first wrapping unit is independent of the leading end of the second wrapping unit. Mass is already concerned with the problem of having the polymeric wrapping material adhered to itself at the end of the wrapping process. Incorporating the teachings of Zhu would allow for adhesive to remain sealed and not exposed to the elements or other film surfaces until it was ready to be utilized.
Mass as modified by Viaud discloses a thickness of the paper (Viaud - col. 3 lines 31-35; col. 1 lines 24-33) wrapping material (Mass - #4, paragraph 0035 - “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material”; or 15 – “non-cling material”; Viaud - 50) greater than a thickness (Mass – paragraphs 0032, 0038, 0048, 0051) of the polymeric wrapping material (Mass – 6; 16, 17), but does not disclose the thickness is in a range between 100 and 250 microns.
However, Leizhan teaches the thickness of a paper wrapping material in a range between 100 and 250 microns (pg. 2 – “011A Japanese white kraft paper:… 80g, 0.10mm; 100g, 0.12mm; 120g, 0.15mm; 150g, 0.18mm; 180g, 0.23mm”; “011B Homemade white kraft paper: 08g, 0.23mm; 100g, 0.12mm; 120g, 0.14mm”; “007D Kraft paper: 80g, 0.15mm”; “007B Kraft paper: 80g, 0.15mm”; “033 Exquisite kraft paper: 80g, 0.11mm; 100g, 0.13mm; 150g, 0.18mm”; “012B Swedish kraft paper: 130g, 0.20mm; 175g, 0.24mm”; “034 Russian kraft paper: 130g, 0.20mm; 150g, 0.25mm”; “036 American B brand craft paper: 140g, 0.22mm”; All values between 0.10mm and 0.25mm are in the range of 100 and 250 microns).
Given the teachings of Leizhan it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the thickness of the paper wrapping material portion of Mass as modified by Viaud be in a range between 100 and 250 microns. Mass discloses that the non-cling material can have a total thickness of “about 60-80 microns” which puts it near the cited range. Viaud teaches that non-cling wrapping material for a bale can constitute paper. Leizhan further teaches a common type of paper wrapping material in the form of kraft paper which has a known thickness range between 100 and 250 microns. It would therefore have been obvious to one of ordinary skill in the art before the time of effective filing to have a thickness of the paper wrapping material portion in a range between 100 and 250 microns so as to provide a standard thickness of a known and reliable paper wrapping material so that it had the necessary strength to perform wrapping operations. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (In re Aller, 105 USPQ 233; MPEP 2144.05 I, II).
Mass discloses a method of wrapping (figs. 3-8) an agricultural product (3; paragraphs 0032-0033) using a work machine (paragraph 0033), but does not specifically recite traversing a field with a work machine; collecting the agricultural product from the field with the work machine; and ejecting the bale from the chamber of the work machine.
However, Wigdahl teaches a method of wrapping (paragraphs 0023, 0030-0031; via 86) an agricultural product (80) using a work machine (10), including traversing a field with a work machine (paragraph 0015 – “a self-propelled cotton harvester 10”… “the harvesting head 20 operating to remove cotton from plants”; paragraph 0002); collecting the agricultural product from the field with the work machine (paragraphs 0015, 0030); and ejecting the bale from the chamber (38) of the work machine (via 40 and 100; paragraphs 0017, 0023).
Given the teachings of Wigdahl, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the method of Mass to include the steps of using a work machine to traverse a field and collect agricultural product from the field into the work machine and then after wrapping eject the bale from the chamber of the work machine. Mass is already concerned with the problem of using a work machine to wrap an agricultural product. Wigdahl teaches a notoriously well-known example of having the baler incorporated into a self-propelled harvester and using that to harvest an agricultural product from plants in a field and then later ejecting the bale after wrapping. Doing so would help to automate the process of collecting the product to be baled and providing wrapping on the same machine as that which does the harvesting. Thus saving on cost by having the process be done by machine and have several processes carried out on the same machine. Having the bale ejected would allow for additional wrapping to take place by allowing the chamber to be free to have additional product placed inside. Mass was already concerned about having multiple products wrapped, and having an ejection step would allow for this.
Regarding claim 10, Mass discloses wherein the polymeric wrapping material (6; or 16, 17) is applied to the bale (3) after (figs. 3, 4 and 6; paragraphs 0033, 0039) the wrapping material (4; or 15) is applied to the bale.
Regarding claim 11, Mass as modified by Wigdahl above discloses wherein (i) the work machine is a cotton harvester (Mass – paragraph 0032-0033; Wigdahl – 10, paragraph 0015) and (ii) the agricultural product is seed cotton (Mass – paragraphs 0032, 0055, 0057; Wigdahl – paragraph 0002 – “cotton bolls from cotton plants… So that the cotton module holds its form and is protected from the elements until it is transported to a gin”, paragraph 0015; Seed cotton, also known as unginned cotton, is the raw cotton fiber still attached to the seeds before it's been processed through the ginning process).
Regarding claim 12, Mass discloses wherein applying the wrapping material (4; or 15) to the bale includes wrapping the entire longitudinal exterior surface of the bale (3) in the wrapping material (figs. 3, 4 and 6).
Regarding claim 14, Mass discloses wherein applying the polymeric wrapping material (6; or 16, 17) to the bale (3) includes wrapping the entire longitudinal exterior surface (figs. 3, 4 and 6) of the bale in the polymeric wrapping material (paragraph 0032 – “The total length of a wrapping portion 7, which consists of segments 4, 6, should be at least long enough to cover the circumference "C" of the wrapped item 3. However, the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application; paragraph 0039). Mass suggests varying the widths of each of the various wrapping segments. Given this suggestion by Mass, it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the polymeric wrapping material of the bale wrap the entire longitudinal exterior surface of the bale in the polymeric wrapping material as seen in figs. 3, 4 and 6. Doing so would have the benefit of protecting the entire bale from environmental factors.
Regarding claim 16, Mass discloses wherein the wrapping material (4; or 15) is connected to the polymeric wrapping material (6; or 16, 17) prior to being applied to the bale (figs. 3, 4 and 6; paragraph 0036 – wrapping material is cut after being wrapped).
Regarding claim 17, Mass discloses wherein the wrapping material (4; or 15) is a first section (figs. 3, 4 and 6) of a respective wrap portion of a supply roll (claim 34) of wrap material and the polymeric wrapping material (6; or 16, 17) is a second section (figs. 3, 4 and 6) of the respective wrap portion of the supply roll (claim 34) of wrap material.
Regarding claim 18, Mass as modified by Wigdahl above discloses attaching an inner-surface of the second section of the respective wrap portion to an outer-surface of the first section of the respective wrap portion (Mass – figs. 5 and 8) prior to ejecting (Wighahl - paragraphs 0017, 0023; “a completed and wrapped cotton module to be discharged beneath it”) the bale from the chamber of the work machine.
Regarding claim 20, Mass discloses a method of wrapping (figs. 3-8) an agricultural product (3; paragraphs 0032-0033), comprising:
using a work machine (paragraph 0033 – “the wrapping can be carried out on an agricultural baler known in the art for baling hay, straw or other agricultural crops”);
forming the collected agricultural product into a bale in a chamber of the work machine (paragraph 0033), wherein the bale has a shape extending along a central axis (paragraph 0033; figs. 3, 4 and 6);
applying non-cling wrap (#4, paragraph 0035 - “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material”; or 15 – “non-cling material”) of a first wrapping unit (#7 closest to #3, fig. 3; “first wrapping cycle”, figs. 4 and 6) to a longitudinal exterior surface of the bale in the chamber of the work machine (paragraphs 0009, 0033, 0035, 0039; figs. 5 and 8) forming an inner layer wrapped around at least one complete revolution (paragraph 0032 – “each segment 4, 6 can range from 5% to 300% of the circumference "C" of the item”; paragraph 0039 – “The non-cling segment 15 can either be… a longer segment that covers at least the entire circumference… The lengths of segments 15, 16 and 17 can be respectively, and independently of each other, the same or different, and can range between 5% and 300% of the circumference "C" of the item 3 being wrapped.”; A segment of either netting 4 or non-cling material 15 being 100%+ of the circumference “C” of item 3 will result in “at least lone complete revolution around the object” per the method disclosed and shown in figs. 5 and 8) around a cotton bale (3; paragraphs 0006, 0032 - “cotton”; paragraph 0033 – “when the bale comes to its full diameter”; paragraphs 0045, 0055 – “cotton bales”, 0057 – “a bale of cotton”) and in contact with the cotton bale (figs. 5 and 8; paragraphs 0006, 0032 - “cotton”), the non-cling wrap (4; 15) configured to facilitate separation of the first wrapping unit from the object (paragraphs 0035, 0038-0039 – “non-cling” properties facilitate separation from the object during unwrapping), wherein the first wrapping unit is one of a plurality of wrapping units coupled sequentially to one another such that a trailing end of the first wrapping unit is releasably attached to a leading end of a second wrapping unit (paragraph 0031; paragraph 0036 – “When the end of a wrapping cycle is detected the wrapping material 2 can either be torn or separated where the netting film segment 6 of the first wrapping cycle meets the netting segment 4 at the beginning of the second wrapping cycle”; paragraph 0009);
applying a polymeric wrap (6; or 16, 17; paragraphs 0032-0034, 0039) overlapping a portion (figs. 5 and 8; paragraphs 0032-0035; alternatively see fig. 10, paragraph 0044) of and being adhered to (paragraph 0009 – “the term cling describes the adhering nature of a wrapping material with or without the use of a bonding agent”, paragraph 0033 – “The film segment 6 is a one-side cling film that will adhere to the netting segment 4 or to itself during the wrapping process of the item 3”; see also paragraph 0031 – “adhering a film edge 6B to a netting edge 4A in an end-to-end fashion”; alternatively paragraph 0044), the non-cling wrap, the polymeric wrap extending from (@ 6A; paragraph 0031) the non-cling wrap (4; 15) of the first wrapping unit to the longitudinal exterior surface of the bale in the chamber of the work machine (figs. 3-6 and 8; paragraph 0033), wherein a thickness of the non-cling wrap (4, 15; paragraph 0038 – “the non-cling segment 15 may be a combination of film/netting/film (or any other non-cling material) material that results in a total thickness of about 60-80 microns”) is greater than a thickness of the polymeric wrap (6; 16, 17 – paragraph 0032 – “…the film 6 are preferably made from a polyolefin or other synthetic resin, such as polyethylene, or polypropylene, that is approximately 40 microns thick… the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application”; paragraph 0048 – “The cling film was a standard cling film made of LLDPE with an addition of two sticky tapes at the ends. The cling film was 30 µm thick”; paragraph 0051 – “the film… thickness was about 28 microns”);
releasing the trailing end of the polymeric wrap of the first wrapping unit form the leading end of the second wrapping unit (paragraph 0036) causing the trailing end of the first wrapping unit to adhere to an outer surface of the polymeric wrap of the first wrapping unit (paragraph 0033 – “The film segment 6 is a one-side cling film that will adhere to the netting segment 4 or to itself during the wrapping process of the item 3”; paragraph 0039 – “the wrapping segment 16 does not adhere to the item 3 being wrapped and, instead, will adhere to the cling surface of the last wrapping segment 17. The cling surfaces of the wrapping segments 16, 17 can be made from different adhesive materials such that improved bonding occurs through a chemical reaction between the different wrapping segments.”).
Mass discloses a non-cling wrap (#4, paragraph 0035 – “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material…”; #15 – “non-cling material”, paragraph 0039 – “Additionally, it is contemplated by the invention that the term "non-cling" includes netting material, non-cling film, laminate material or any other type of non-cling material”) forming an inner layer wrapped around at least one complete revolution around the object, but fails to disclose wherein the non-cling wrap is innocuous paper wrap.
However, Viaud teaches a non-cling wrap (50) that is a paper wrap (col. 3 lines 31-35) forming an inner layer wrapped around at least one complete revolution around the cotton bale (col. 1 lines 24-33 – “Material formed into bales in a baler, in particular crop (such as hay, straw) or industrial material (paper, cotton, rags or the like), is surrounded with wrapping material and after the baling process”), the paper when positioned on the object, being innocuous relative to the cotton bale (col. 1 lines 24-27 – “Material formed into bales in a baler, in particular crop (such as hay, straw) or industrial material (paper, cotton, rags or the like), is surrounded with wrapping material”; col. 2 lines 58-63 – “cotton”. According to the Applicant’s own specification, paragraph 0075, paper wrapping material, such as that in Viaud, would be an innocuous material relative to the cotton object disclosed in Mass and further taught in Viaud).
Given the teachings of Viaud, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the invention of Mass such that the non-cling wrap was paper wrap. Mass already discloses that the wrap is wrapped around at least one complete revolution and that it comprises a non-cling material (e.g. netting or any other non-cling material). Viaud (col. 1 lines 24-33; col. 3 lines 31-35) teaches that it was known in the art of bale wrapping that paper wrapping material was a substitute material for mesh/netting and furthermore paper itself is a material widely known for having non-cling properties. Viaud further teaches that one would wrap a bale at least in one complete revolution using paper. For these reasons, it would have been obvious to one of ordinary skill to modify the netting/non-cling material wrap of Mass to comprise paper. Paper is a widely available and inexpensive wrapping product and also was known for not clinging to the product it was wrapping.
Mass discloses releasing the trailing end of the polymeric wrap of the first wrapping unit form the leading end of the second wrapping unit causing the trailing end of the first wrapping unit to adhere to an outer surface of the polymeric wrap of the first wrapping unit (paragraphs 0033, 0036 and 0039), but fails to disclose releasing the trailing end of the polymeric wrap of the first wrapping unit from the leading end of the second wrapping unit causing the trailing end the first wrapping unit to translate in a leading direction relative to the second wrapping unit and adhere to an outer surface of the polymeric wrap of the first wrapping unit, wherein the trailing end of the polymeric wrap of the first wrapping unit is independent of the leading end of the second wrapping unit.
However, Zhu teaches releasing the trailing end (#11 near 2, 21, 22, 23) of the film wrap of the first wrapping unit (11) from the leading end (#12 near 3) of the second wrapping unit causing the trailing end the first wrapping unit (11) to translate in a leading direction (figs. 4-5; figs. 6-7 – shows that 23 translates in a leading direction toward the bale) relative to the second wrapping unit (12) and adhere (via 21 and 23) to an outer surface of the film wrap of the first wrapping unit (paragraphs 0047-0048), wherein the trailing end of the polymeric wrap of the first wrapping unit is independent (paragraph 0048 – “When the cycle of the packaging section 1 is ended, the rolling drum stops, and the wrapped cotton can tear the tearing line 3 due to the tension force generated by rotating inertia, thereby separating the packaging sections 1 during packaging”; This separation during the releasing step is deemed to result in the first wrapping unit 11 being independent from the second wrapping unit. The tear line 3 is the boundary between the respective first and second wrapping units) of the leading end of the second wrapping unit.
Given the teachings of Zhu, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Mass such that the releasing of the trailing end of the of the polymeric wrap of the first wrapping unit from the leading end of the second wrapping unit caused the trailing end the first wrapping unit to translate in a leading direction to allow for adhering of an outer surface of the polymeric wrap of the first wrapping unit, wherein the trailing end of the polymeric wrap of the first wrapping unit is independent of the leading end of the second wrapping unit. Mass is already concerned with the problem of having the polymeric wrapping material adhered to itself at the end of the wrapping process. Incorporating the teachings of Zhu would allow for adhesive to remain sealed and not exposed to the elements or other film surfaces until it was ready to be utilized.
Mass as modified by Viaud discloses a thickness of the paper (Viaud - col. 3 lines 31-35; col. 1 lines 24-33) wrap (Mass - #4, paragraph 0035 - “As an alternative to segment 4 being netting, the first turn or segment 4 can also be formed from other types of non-cling material”; or 15 – “non-cling material”; Viaud - 50) greater than a thickness (Mass – paragraphs 0032, 0038, 0048, 0051) of the polymeric wrapping material (Mass – 6; 16, 17), but does not disclose the thickness is in a range between 100 and 250 microns.
However, Leizhan teaches the thickness of a paper wrap in a range between 100 and 250 microns (pg. 2 – “011A Japanese white kraft paper:… 80g, 0.10mm; 100g, 0.12mm; 120g, 0.15mm; 150g, 0.18mm; 180g, 0.23mm”; “011B Homemade white kraft paper: 08g, 0.23mm; 100g, 0.12mm; 120g, 0.14mm”; “007D Kraft paper: 80g, 0.15mm”; “007B Kraft paper: 80g, 0.15mm”; “033 Exquisite kraft paper: 80g, 0.11mm; 100g, 0.13mm; 150g, 0.18mm”; “012B Swedish kraft paper: 130g, 0.20mm; 175g, 0.24mm”; “034 Russian kraft paper: 130g, 0.20mm; 150g, 0.25mm”; “036 American B brand craft paper: 140g, 0.22mm”; All values between 0.10mm and 0.25mm are in the range of 100 and 250 microns).
Given the teachings of Leizhan it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the thickness of the paper wrap of Mass as modified by Viaud be in a range between 100 and 250 microns. Mass discloses that the non-cling wrap can have a total thickness of “about 60-80 microns” which puts it near the cited range. Viaud teaches that non-cling wrap for a bale can constitute paper. Leizhan further teaches a common type of paper wrapping material in the form of kraft paper which has a known thickness range between 100 and 250 microns. It would therefore have been obvious to one of ordinary skill in the art before the time of effective filing to have a thickness of the paper wrapping material portion in a range between 100 and 250 microns so as to provide a standard thickness of a known and reliable paper wrapping material so that it had the necessary strength to perform wrapping operations. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (In re Aller, 105 USPQ 233; MPEP 2144.05 I, II).
Mass discloses a method of wrapping (figs. 3-8) an agricultural product (3; paragraphs 0032-0033) using a work machine (paragraph 0033), but does not specifically recite traversing a field with a work machine; collecting the agricultural product from the field with the work machine; and ejecting the bale from the chamber of the work machine.
However, Wigdahl teaches a method of wrapping (paragraphs 0023, 0030-0031; via 86) an agricultural product (80) using a work machine (10), including traversing a field with a work machine (paragraph 0015 – “a self-propelled cotton harvester 10”… “the harvesting head 20 operating to remove cotton from plants”; paragraph 0002); collecting the agricultural product from the field with the work machine (paragraphs 0015, 0030); and ejecting the bale from the chamber (38) of the work machine (via 40 and 100; paragraphs 0017, 0023).
Given the teachings of Wigdahl, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the method of Mass to include the steps of using a work machine to traverse a field and collect agricultural product from the field into the work machine and then after wrapping eject the bale from the chamber of the work machine. Mass is already concerned with the problem of using a work machine to wrap an agricultural product. Wigdahl teaches a notoriously well-known example of having the baler incorporated into a self-propelled harvester and using that to harvest an agricultural product from plants in a field and then later ejecting the bale after wrapping. Doing so would help to automate the process of collecting the product to be baled and providing wrapping on the same machine as that which does the harvesting. Thus saving on cost by having the process be done by machine and have several processes carried out on the same machine. Having the bale ejected would allow for additional wrapping to take place by allowing the chamber to be free to have additional product placed inside. Mass was already concerned about having multiple products wrapped, and having an ejection step would allow for this.
Regarding claim 21, Mass as modified by Viaud discloses wherein the polymeric wrap (Mass - 6; or 16, 17) is applied to the bale (Mass - 3) after (Mass - figs. 3, 4 and 6; paragraphs 0033, 0039) the paper wrap (Mass - 4; or 15; Viaud - col. 3 lines 31-35) is applied to the bale.
Regarding claim 22, Mass as modified by Wigdahl above discloses wherein (i) the work vehicle is a cotton harvester (Mass – paragraph 0032-0033; Wigdahl – 10, paragraph 0015) and (ii) the agricultural product is seed cotton (Mass – paragraphs 0032, 0055, 0057; Wigdahl – paragraph 0002 – “cotton bolls from cotton plants… So that the cotton module holds its form and is protected from the elements until it is transported to a gin”, paragraph 0015; Seed cotton, also known as unginned cotton, is the raw cotton fiber still attached to the seeds before it's been processed through the ginning process).
Regarding claim 24, Mass as modified by Viaud above discloses wherein applying the paper wrap (Mass – 4; or 15; Viaud - col. 1 lines 24-33, col. 3 lines 31-35) to the bale (Mass – 3) includes wrapping less than the entire longitudinal exterior surface of the bale in paper wrap (paragraph 0032 – “The total length of a wrapping portion 7, which consists of segments 4, 6, should be at least long enough to cover the circumference "C" of the wrapped item 3. However, the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application; paragraph 0039). Mass suggests varying the width of the various wrapping segments. Given this suggestion by Mass, it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the step of wrapping material to the bale include wrapping less than the entire longitudinal exterior surface of the bale in reduced risk wrapping material. Doing so would have the benefit of using less material to wrap thus saving on costs.
Regarding claim 25, Mass discloses wherein applying the polymeric wrapping material (6; or 16, 17) to the bale (3) includes wrapping the entire longitudinal exterior surface (figs. 3, 4 and 6) of the bale in the polymeric wrapping material (paragraph 0032 – “The total length of a wrapping portion 7, which consists of segments 4, 6, should be at least long enough to cover the circumference "C" of the wrapped item 3. However, the length, width and thickness of each segment can vary depending on the size and shape of the item to be wrapped, or the wrapping application; paragraph 0039). Mass suggests varying the widths of each of the various wrapping segments. Given this suggestion by Mass, it would have been obvious to one of ordinary skill in the art before the time of effective filing to have the wrapping material (paper) wrap less than the entire longitudinal exterior surface of the bale in paper wrap material while wrapping the entire longitudinal exterior surface of the bale in the polymeric wrapping material as seen in figs. 3, 4 and 6. Doing so would have the benefit of using less reduced risk material (paper) to wrap thus saving on costs while still having enough polymeric wrapping material to protect the entire bale from environmental factors.
Regarding claim 26, Mass as modified by Viaud above discloses wherein the paper wrap (Mass - 4; or 15; Viaud - col. 1 lines 24-33, col. 3 lines 31-35) is connected (paragraph 0031) to the polymeric wrap (Mass - 6; or 16, 17) prior to being applied to the bale (Mass - figs. 3, 4 and 6; paragraph 0036 – wrapping material is cut after being wrapped).
Regarding claim 27, Mass as modified by Viaud above discloses wherein the paper wrap (Mass - 4; or 15; Viaud - col. 1 lines 24-33, col. 3 lines 31-35) is a first section (Mass - figs. 3, 4 and 6) of a respective wrap portion of a supply roll (Mass - claim 34) of wrap material and the polymeric wrap (Mass - 6; or 16, 17) is a second section (Mass - figs. 3, 4 and 6) of the respective wrap portion of the supply roll (Mass - claim 34) of wrap material.
Regarding claim 30, Mass as modified by Viaud above discloses wherein the paper wrap (Mass - 4; or 15; Viaud - col. 1 lines 24-33, col. 3 lines 31-35) includes one or more polymeric elements (Mass – paragraph 0041, “non-cling segment 15 are made from a polyethylene or other synthetic resin”; paragraph 0038 – “a non-cling segment 15, such as a laminate material. If the non-cling segment 15 is a laminate, it may be comprised of different kinds of film in combination with netting. For example, the non-cling segment 15 may be a combination of film/netting/film (or any other non-cling material) material”).
Claim(s) 19 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mass (US 2004/0121108 A1) in view of in view of Viaud (US Patent 5,311,729) in view of Zhu (US 2021/0070514 A1) in view of Leizhan (Leizhan, “What is Thickness of Each Gram of Kraft Paper”; https://www.leizhanchina.com/kraft-liner-paper-making-line/what-is-thickness-of-each-gram-of-kraft-paper/ ; Retrieved 15 December 2019) in view of Wigdahl (US 2010/0192513 A1) in view of Roberge et al. (WO 2021/011767 A1) hereinafter referred to as Roberge (alternatively, in view of equivalent reference Roberge et al. (US 2022/0272904 A1)).
For the purposes of citations, the WO 2021/011767 A1 reference is being used, but both equivalent Roberge references are considered to teach the same subject matter.
Regarding claim 19, Mass as modified by Viaud above discloses the wrapping material (Mass - 4; or 15; Viaud – 50, col. 1 lines 24-33, col. 3 lines 31-35) is a first section (Mass - figs. 3, 4 and 6) of a respective wrap portion, but fails to disclose wherein the first section of the respective wrap portion includes a coating applied to a surface of the wrapping material.
However, Roberge teaches wherein a first section of the respective wrap portion (194) includes a coating applied to a surface of the wrapping material (paragraph 0041 – a protective coating is applied to the entire wrap and therefore includes the wrapping portion).
Given the teachings of Roberge, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the first section of the respective wrap portion of Mass as modified by Viaud such that the respective wrap portion includes a coating applied to a surface of the wrapping material. Doing so could help to instill additional desirable properties to the wrap such as being pest resistant.
Regarding claim 29, Mass as modified by Viaud above discloses wherein the first section (Mass - figs. 3, 4 and 6) of the respective wrap portion includes the paper wrap (Mass - 4; or 15; Viaud – 50, col. 1 lines 24-33, col. 3 lines 31-35), but fails to disclose a coating disposed on a surface of the first section.
However, Roberge teaches wherein a first section of a wrap (194) includes a coating disposed on a surface of the first section (paragraph 0041 – a protective coating is applied to the entire wrap and therefore includes the first section).
Given the teachings of Roberge, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the paper first section of the wrap of Mass as modified by Viaud such that the paper wrap includes a coating disposed on a surface said paper wrap. Doing so could help to instill additional desirable properties to the wrap such as being pest resistant.
Response to Arguments
Applicant's arguments filed 8 June 2026 have been fully considered but they are not persuasive.
The Applicant’s arguments are deemed to be addressed with the new grounds of rejection above necessitated by the Applicant’s amendments. The Office will address the arguments in summary below.
The limitation of a “cotton bale” is deemed to be disclosed by Mass. Applicant’s arguments as they pertain to “raw, unprocessed” cotton are not deemed to be germane as those limitations are not in the claim. As plainly understood, Mass is deemed to disclose the cotton bale. That it makes specific reference to agricultural crops (paragraph 0033) being baled and includes cotton as an example product (paragraphs 0006, 0032 and 0057), means that even if such a narrower limitation were read into the claims, Mass would still read on it.
Regarding the limitation of the paper wrapping portion having a thickness of 100 to 250 microns, this is deemed to be taught by Leizhan. Mass discloses a non-cling material portion of “about 60-80 microns” which already puts it within 20 microns of the claimed range. Viaud teaches that a known non-cling material that can be equivalent to the mesh/netting disclosed in Mass in the form of paper. Leizhan further teaches a known type of wrapping paper that is commonly found within the claimed range. The claimed ranged is deemed to be obvious for the reasons provided in the rejection above.
Regarding the new limitation of “wherein the trailing end of the polymeric wrapping material of the first wrapping unit is independent of the leading end of the second wrapping unit”, this is deemed to be taught by Zhu as recited above. Paragraph 0048 of Zhu notes that “When the cycle of the packaging section 1 is ended, the rolling drum stops, and the wrapped cotton can tear the tearing line 3 due to the tension force generated by rotating inertia, thereby separating the packaging sections 1 during packaging”. This separation along tear line 3 of Zhu during the “releasing the trailing end of the polymeric portion” step outlined in paragraph 0048 is deemed to result in the first wrapping unit 11 being independent from the second wrapping unit as claimed. The leading end (#12 near 3) of the second wrapping unit causing the trailing end the first wrapping unit (11) to translate in a leading direction is also deemed to be shown in figs. 4-5.
Regarding new claim 33, these features are deemed to be taught by Zhu as detailed above.
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.
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/ANDREW M TECCO/ Primary Examiner, Art Unit 3731
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