DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Receipt is acknowledged of an amendment, filed 09 July 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-9 and 11-18 are pending.
Claims 1, 7, and 11 are amended.
Claims 16-18 are new.
Claim 10 is canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 09 July 2026.
Claim Objections
Claims 1-6, 11-14, and 16-18 are objected to because of the following informalities:
In claim 1, lines 6-7, and claim 11, line 8, it appears that “the shell surfaces” should be changed to --shell surfaces--.
Claims 16, 17, and 18 are objected to as it appears that “at least two primary packagings that are mechanically combined” should be changed to -- at least two primary packagings are mechanically combined--.
Claims 2-6, and 13-14 depend from claim 1, and are likewise objected to.
Claims 12 depends from claim 11, and is likewise objected to.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 7-9, and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clark et al. (US Patent Publ. No. 2013/0247519).
With respect to claim 1, Clark et al. disclose a method for detecting deviations of a current status from a target status of a packaging unit (10) formed by at least two articles (12) mechanically combined (packaging unit including items 403, 405 that are adjacent and contact each other forming package 409, fig. 4A), after production (detecting deviations occurs after production of the items 403, 405 into package 409, [0046]), comprising: measuring the width of an intermediate space (A) between two directly adjacent articles (12) within the packaging unit (10) or by measuring a distance (B) between the shell surfaces (26) of the adjacent articles (12) of the packaging unit (10) in their most widely spaced-apart positions (dimensions of the item package 409 itself is measured by systems in the facility, the dimensions of item package 409 equals the distance between outer surfaces of adjacent items 403, 405, [0046]), wherein a measured width of the intermediate space (A) or a measured distance (B) represents a current status of the packaging unit (10) (the measured dimension is taken at the time the items 403, 405 are mechanically combined, “currently associated with the items 403, 405 of the package 409”, [0046]), and comparing the intermediate space (A) or the distance (B) with a target status or with a variably definable target status (container recommendation service recommends a standard container 401 or a custom container 411 suitable for shipping the item package 409 dependent on item dimension values currently associated with the item package 409 itself, [0046]). Clark et al. disclose that the items 403, 405 contact each other (fig. 4A), and are therefore considered to be mechanically combined. Additionally, items 403, 405 are further mechanically combined via placement in a container 401 (fig. 4A).
With respect to claim 7, Clark et al. disclose a measuring assembly, which is a component of a packaging machine (material handling facility including packing 160, fig. 1) for producing packaging units (10) formed by at least two articles (12) mechanically combined (packaging unit including items 403, 405 that are adjacent and contact each other forming package 409, fig. 4A), which packaging units (10) are conveyed past the measuring assembly or are brought into a measurement region of the measuring assembly (items are picked and delivered to stations in the facility for sorting, measuring, and packing, [0024], [0053], fig. 5), comprising devices for measuring a width of the intermediate space (A) between two directly adjacent articles (12) within the packaging unit (10) or for measuring a distance (B) between shell surfaces (26) of the adjacent articles (12) in their most widely spaced-apart positions (dimensions of the item package 409 itself is measured by systems in the facility, the dimensions of item package 409 equals the distance between outer surfaces of adjacent items 403, 405, [0046]), wherein a measured width of the intermediate space (A) or a measured distance (B) represents a current status of the packaging unit (10) capable of being compared with a defined target status or with a variably definable target status (the measured dimension is taken at the time the items 403, 405 are mechanically combined, “currently associated with the items 403, 405 of the package 409”, [0046]), and wherein the measuring assembly is capable of generating output signals (84) from the measured values and delivering such output signals to a downstream evaluation unit (86) which is operatively connected to the packaging machine (container recommendation service recommends a standard container 401 or a custom container 411 suitable for shipping the item package 409 dependent on item dimension values currently associated with the item package 409 itself, [0046]). Clark et al. disclose that the items 403, 405 contact each other (fig. 4A), and are therefore considered to be mechanically combined. Additionally, items 403, 405 are further mechanically combined via placement in a container 401 (fig. 4A).
With respect to claim 8, Clark et al. disclose the evaluation unit (86) is a component of a control device (90) of the packaging machine (central control system, [0024]).
With respect to claim 9, Clark et al. disclose the measuring devices are capable of detecting the width of the intermediate space (A) or the distance (B) between the shell surfaces (26) of the adjacent articles (12) at their most widely spaced-apart positions optically (measuring devices may include a system for scanning the item package 409 to determine dimensions, [0055]).
With respect to claim 11, Clark et al. disclose a packaging machine (material handling facility including packing 160, fig. 1) for producing packaging units (10) formed by at least two articles (12) mechanically combined (packaging unit including items 403, 405 that are adjacent and contact each other forming package 409, fig. 4A), comprising: a measuring assembly in the region of a transport section for the at least partially finished packaging units (10) (items are picked and delivered to stations in the facility for sorting, measuring, and packing, [0024], [0053], fig. 5), wherein the measuring assembly comprises devices for measuring a width of the intermediate space (A) between two directly adjacent articles (12) within the packaging unit (10) or by measuring a distance (B) between the shell surfaces (26) of the adjacent articles (12) in their most widely spaced-apart positions (dimensions of the item package 409 itself is measured by systems in the facility, the dimensions of item package 409 equals the distance between outer surfaces of adjacent items 403, 405, [0046]), wherein a measured width of the intermediate space (A) or a measured distance (B) represents a current status of the corresponding packaging unit (10) (the measured dimension is taken at the time the items 403, 405 are mechanically combined, “currently associated with the items 403, 405 of the package 409”, [0046]), which is compared with a defined or with a variably definable target status, and wherein the measuring assembly is capable of generating output signals (84) from the measured values and delivering such output signals to a downstream evaluation unit (86) (container recommendation service recommends a standard container 401 or a custom container 411 suitable for shipping the item package 409 dependent on item dimension values currently associated with the item package 409 itself, [0046]). Clark et al. disclose that the items 403, 405 contact each other (fig. 4A), and are therefore considered to be mechanically combined. Additionally, items 403, 405 are further mechanically combined via placement in a container 401 (fig. 4A).
With respect to claim 12, Clark et al. disclose the evaluation unit (86) downstream of the measuring assembly is a component of or is operatively connected to a control device (90) (central control system, [0024]).
Claim Rejections - 35 USC § 103
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Clark et al. in view of Eid et al. (EP 2,141,072).
With respect to claim 15, Clark et al. fail to disclose the measuring devices comprise at least one detection camera with downstream image evaluation of camera signals generated by the at least one detection camera.
Eid et al. disclose in a similar type of system that it is old and well known to have at least one detection camera with downstream image evaluation of camera signals generated by the at least one detection camera (optical sensors include corresponding cameras and control means 22 that are used to provide precise packaging, pg. 3, para. 7; pg. 6, para. 2).
It 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 to modify the Clark et al. device to substitute a detection camera, suggested by Eid et al., for the dimension measuring system of Clark et al., to improve accuracy of the measurements. In this instance, a skilled artisan would have recognized that the substitution of the detection camera from the Eid et al. reference for the dimension measuring system of the Clark et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted/provided one known element for another and the results of the substitution would have been predictable.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Clark et al. in view of Baylor et al. (WO 2016/054561).
With respect to claims 16, 17, and 18, Clark et al. fail to disclose the adjacent articles (12) are primary packagings, each having at least two articles so that at least two primary packagings that are mechanically combined by at least one secondary packaging to form the packaging unit (10).
Baylor et al. disclose in a similar type of system that it is old and well known to have primary packagings, so that at least two primary packagings are combined by a secondary packaging (pouches are packaged in a carton, fig. 1).
It 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 to modify the Clark et al. device to substitute the primary packagings, suggested by Baylor et al., for the items of Clark et al., to package items efficiently. In this instance, a skilled artisan would have recognized that the substitution of the primary packagings from the Baylor et al. reference for the items of the Clark et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted/provided one known element for another and the results of the substitution would have been predictable.
Allowable Subject Matter
Claims 2-6 and 13-14 would be allowable if rewritten to overcome the objection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for the indication of allowable subject matter:
With respect to claim 2, the prior art fails to disclose or teach the method claim 1, wherein a faultless packaging unit (10) is detected if a deviation of the current status from a target status falls below a defined maximum value.
Claims 3-6 and 13-14 depend from claim 2, and would likewise be allowable.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 and 11-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hastreiter et al. (US Patent Publ. No. 2012/0117923) disclose measuring the width of a primary packaging.
DeBoer et al. (US Patent Publ. No. 2020/0207550) disclose measuring the distance between outside edges of adjacent articles in a packaging machine.
Cappi et al. (US Patent No. 5,509,253) disclose measuring the dimensions of a primary packaging.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
