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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 February 2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: The claim reads in-part, “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 the first wrapping unit to translate in a leading direction...”. This is deemed to be a typographical error and should read, “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…”
Claims 3-8 and 31-32 are objected to for being dependent on claim 1.
Appropriate correction is required.
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 31-32 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).
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 an object (3; paragraphs 0006, 0032 - “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 object (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 object (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 object (figs. 5 and 8), the non-cling material (4; 15) configured to facilitate separation of the wrapping unit from the object (paragraphs 0035, 0038-0039 – “non-cling” properties facilitate separation from the object during unwrapping); and
applying a polymeric portion (6; or 16, 17; paragraphs 0032) of the first wrapping unit, the polymeric portion adhered to (@ 6A, paragraphs 0031, 0036, 0044) and extending from the wrapping material portion (figs. 3, 4 and 6), along at least a portion of the perimeter of the object 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 object (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 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 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”); 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 the object, 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) forming an inner layer wrapped around at least one complete revolution around the object (col. 1 lines 24-33 – “surrounded with wrapping material”), the paper, when positioned on the object, being innocuous relative to the object (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 liens 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 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 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.
However, Zhu teaches releasing 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).
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. 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.
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 an object, wrapping a perimeter of a second object (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 object; and applying the polymeric portion of the second wrapping unit to at least a portion of the perimeter of the second object (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.
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 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 around an object (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 object (figs. 5 and 8; paragraphs 0006, 0032 - “cotton”), the non-cling material (4; 15) configured to facilitate separation of the 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 wrapping material (6; or 16, 17; paragraphs 0032-0034, 0039) adhered to and 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 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 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”);
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 object, 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 object (col. 1 lines 24-33 – “surrounded with wrapping material”), the paper when positioned on the object, being innocuous relative to the object (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 liens 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.
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).
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. 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 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 around an object (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 object (figs. 5 and 8; paragraphs 0006, 0032 - “cotton”), the non-cling material (4; 15) configured to facilitate separation of the 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 wrapping material (6; or 16, 17; paragraphs 0032-0034, 0039) adhered to and 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 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 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”);
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-material is innocuous paper.
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 object (col. 1 lines 24-33 – “surrounded with wrapping material”), ”), the paper when positioned on the object, being innocuous relative to the object (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 liens 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.
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).
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. 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 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 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 10 February 2026 have been fully considered but they are not persuasive.
The Applicant’s arguments rely on a series of amendments to the claims. Some of these amendments are deemed to be addressed by the previously cited prior art. Further amendments are deemed to be obvious in view of the additional reference of Zhu.
Regarding the limitation of contacting the object with a paper wrap to facilitate separation of the wrapping unit from the object and being configured to be innocuous relative to the object, the Office deems this to be taught by Mass in view of Viaud. Mass already discloses a non-cling wrap that can be comprised of “any other non-cling material”, not just the cited netting. Viaud discloses that paper wrapping material is a known substitute for netting/mesh wrapping material. Both Mass and Viaud are concerned with wrapping bales of cotton. The prior art combination results in a paper wrap being placed on a cotton bale object. Per the Applicant’s own specification, a paper wrap material is considered to be innocuous relative to cotton. Additionally, the term “innocuous” is not an art specific term and is deemed to be a term of degree. The claim does not define the term innocuous in such a way as to draw a distinction between the Applicant’s invention and the cited combination. For these reasons the previously cited prior art reads on these limitations.
Regarding the limitations of the relative thickness of the wrapping material portion and the polymeric portion, the Office deems Mass to disclose this as well. Mass is cited as teaching that the various portions can have a variety of thicknesses. Mass further cites specific values for the wrapping material portion (e.g. 60-80 microns) and the polymeric portion (e.g. 30 microns) that renders the wrapping material portion thicker than the polymeric portion as claimed. Even when allowing for the inclusion of the paper comprising the wrapping material portion this would still be deemed to read on the claimed relative thickness. The typical thickness of a sheet of paper is 0.1 mm thick. Which would still be much thicker than the cited 30-40 micron thickness of the polymeric portion of Mass.
The Applicant argues that the combination of Mass by Viaud is improper. For the reasons cited above in the body of the Office Action, this is not persuasive. In short, while Mass notes netting as a possible material, Mass also suggests “any other non-cling material”. Viaud teaches that paper was another known non-cling material which was equivalent to netting/mesh. Both references are concerned with the same problem of wrapping cotton. Substituting paper (a notoriously, well-known, non-cling material), for the “any other non-cling material” of Mass is deemed obvious for the reasons provided above. This then results in the “combination” of the polymeric portion and a wrapping portion comprising paper. Applicant’s arguments that the “combination” of these two elements is not taught amounts to piecemeal argumentation. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The “adhered to and extending from” limitation is taught by Mass at least in paragraph 0031 which denotes how the various portions are adhered to one another and the figures show how they extend from one another. The first and second wrapping units are disclosed in Mass in paragraphs 0031, 0036 (i.e. first and second wrapping cyles) and shown in the figures.
The new limitations regarding “releasing the trailing end of the film portion 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 film portion of the first wrapping unit” are deemed to be taught by Zhu as detailed in the rejection above.
Conclusion
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/ANDREW M TECCO/ Primary Examiner, Art Unit 3731