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 Status
This office action is in response to the filing of 06/06/2024. Claims 1-15 are currently pending.
Specification
The Specification is objected because of the incorporation by reference of Italian Patent Application No. 102021000031115 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of the associated PCT, in this case 12/6/2022, see MPEP 1893.03(b). Therefore, the specification amendment of 6/6/2024 to include the incorporation by reference is new matter, per MPEP 608.01(p).
To remedy the issue, applicant should remove the phrase “, which application is incorporated by reference herein” from the specification.
Claim Objections
Claim 1 is objected to because of the following informalities: line 30 recites “e filling”, examiner suggest “for filling”. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: line 2 recites “in a flat configuration”, examiner suggest recites “in the flat configuration”. Appropriate correction is required.
Claim 14 is objected to because of the following informalities:
line 5 the recitation “the bending arm” should be --the folding arm--; and
line 7 the recitation “said bending arm” should be --said folding arm--.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim 1:
folding devices configured to wrap the single sheet over said forming mandrel folding it along the creasing lines, so as to create a bottom and two opposing frontal walls and two opposing side walls, when the sheet is coupled with said forming mandrel.
Claim 9:
folding/holding device configured to hold and form at least a first wall on the forming mandrel.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, the phrase "for example, i.e.", in line 23, renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-8 are rejected due to dependency on a rejected parent claim.
Claim 15 recites the limitation "the bending/sealing station" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda (USP 5120292) and further in view of Zoeckler (US Pub 20130029823) and Hodges (USP 4589863).
Regarding Claim 1, Ueda discloses a method for making packages containing a liquid or pasty food product (abstract), said method comprising the following steps:
- feeding a continuous film (refer to Zoeckler below);
- cutting the continuous film (refer to Zoeckler below) to form a plurality of single sheets (Fig. 1, magazine 43 contains a plurality of blanks B1) and obtaining on each single sheet creasing lines suitable for defining folding lines for forming a container (Fig. 8, scores 21-24 differentiate panels 11-14 to form container C as illustrated in Fig. 6), said creasing lines being created while the single sheet is in a substantially flat configuration (Fig. 6, B1 is flat and with scores lines already formed on blank B1);
- providing a rotating member (31-Fig. 1) which rotates about an axis of rotation (Fig. 1, body 31 rotates about central hash marker element as denoted by the rotational arrow) and is provided with a plurality of forming mandrel along its circumference (Fig. 1, body 31 has eight mandrels 32 about the circumference of body 31), each forming mandrel having a prismatic conformation extending radially (the examiner notes that under the broadest reasonable interpretation, a prism requires a polygon with at least two parallel sides and in Ueda Fig. 1, mandrels 32 have at least two parallel sides and extend radially away from body 31, and as illustrated in applicant’s Fig. 4, mandrel 4);
- coupling said single sheet to a forming mandrel of said plurality of forming mandrel at a first predetermined angular position of rotation of the rotating member (Fig. 1, blank B1 is coupled to mandrel 32 at station S2 by holder 33, and station S2 is a station with a predetermined angular position relative to the other stations S1 and S3-S8);
- folding the single sheet around said forming mandrel by means of folding devices (Fig. 1, folding elements from stations S1 to S7 which create container C at station S8) configured to wrap the single sheet over said forming mandrel (Fig. 1, container C at station S8 is the product of forming blank B1 about mandrel 32), folding it along the creasing lines (Fig. 1, blank B1 is folded along score lines of Fig. 8), so as to create a bottom and two opposing frontal walls and two opposing side walls (Fig. 1, container C at station S8 has a bottom and four opposing walls), when the sheet is coupled with said forming mandrel (Fig. 1, station S8, container C is on mandrel 32);
- partially sealing the single sheet folded on said forming mandrel (Fig. 1, station S7, sealer 40 seals the bottom of container C), so as to obtain on said forming mandrel an open container which is opened only on an end side arranged opposite to the closed bottom (Fig. 1, station 7, proximal portion container C to body 31 is open and opposite to the sealed bottom), with an access opening to an internal cavity closed by the frontal and side walls and the bottom (Fig. 1, station S8, container C is open only at the end proximal to body 31), the bottom being formed on the forming mandrel at a distal end of the forming mandrel itself (Fig. 1, station S7, bottom of container C is formed at the end on mandrel 32, which is distal from body 31), i.e. at a distance from the axis of rotation greater than the distance between the axis of rotation and where the access opening is located;
- transferring said open and partially sealed container from said forming mandrel to a conveyor device (Fig. 6 and column 6, lines 51-54, container C is transported by a conveyor after being removed from mandrel 32), at a second angular position of rotation of said forming mandrel (Fig. 1, S8 is a second angular position for mandrel 32), different from said first angular position (Fig. 1, S1 and S8 are different angular position for mandrel 32);
- bringing, by means of said conveyor device, said open container to a filling station e filling the cavity of the open container through the access opening with said food product (Fig. 6 and column 6, lines 51-54, container C is transported by a conveyor while the carton is filled with a product, such as a flowable food product as recited in the abstract), said access opening being arranged upwards so as to fill the open container with the product by dropping product (Fig. 6 and column 6, lines 51-54, container C is transported by a conveyor while the carton is filled with a product, wherein the product can only be filled from the top); and when the filling is completed,
- completing the sealing of the container by final sealing of said access opening, so as to make a sealed container product (Fig. 6 and column 6, lines 51-54, container C is transported by a conveyor while the container C is filled with a product, and is sealed as illustrated in Fig. 6, wherein L is gable style seal for container C).
However, while Ueda disclose blank B1 with score line (Fig. 8), Ueda is silent how the blank and score lines are formed.
Zoeckler teaches:
- feeding a continuous film (Fig. 1, film 17 from roll 14);
- cutting the continuous film to form a plurality of single sheets (Fig. 1, station 37 cuts film 17 into sheets 39) and obtaining on each single sheet creasing lines (27-Fig. 1) suitable for defining folding lines for forming a container (paragraph [0045], cartons are formed by folding the blank at the folding lines, the examiner notes that obtaining does not have time designation, before or after the sheet is cut from the film, only that the sheet has to have creasing lines).
Therefore, it would obvious to one of ordinary skill in the art, before the effective filing date of the applicant’s invention, to have further detailed how the scored carton blanks as disclosed by Ueda, can be formed from a continuous film with each blank having creasing, scoring or folding lines, so to further explain how the carton blanks, as disclosed by Ueda, are formed and deposited in magazine of carton blanks.
While Ueda and as modified by Zoeckler teaches the creation of carton blanks from a continuous film with folding lines formed on each carton blank, Zoeckler fails to teach the folding line being created while the sheet is in a substantially flat configuration.
Hodges teaches creasing lines being created while the single sheet is in a substantially flat configuration (Fig. 1 and Column 3, lines 20-24, crease markings for milk carton blanks in web 88, which is in a substantially flat configuration).
Therefore, it would obvious to one of ordinary skill in the art, before the effective filing date of the applicant’s invention, to have further detailed how a method on how the fold lines in a web or sheet, as taught by Zoeckler, where the orientation of the web or sheet as it passes through a creasing device is matter of design choice, in that, the substantially flat configuration Hodges and the substantially angled configuration of Zoeckler would produce the same blank as utilized by Ueda to form the carton into a container of flowable food product.
Regarding Claim 2, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the step of coupling the single sheet onto the mandrel occurs with the single sheet in a flat configuration (Fig. 1, blank B1 is in the flat configuration at station S1).
Regarding Claim 3, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the step of folding the single sheet occurs along different angular rotational positions of the forming mandrel (Fig. 1, blank B1 is folded as it progresses through stations S1-S8).
Regarding Claim 4, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the step of transferring the open container from the forming mandrel to the conveyor device occurs by ejecting the open container from the forming mandrel by sliding the open container partially sealed on an outer surface of the forming mandrel (Fig. 1, blank B1 is formed into container C from stations S1-S8, wherein container C is at least partially sealed to on and against the outer surfaces of mandrel 32, and container C is transferred from mandrel 32 at station S8 by device 41 onto the conveyor as detailed in the parent claim).
Regarding Claim 5, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the folding step comprises the following sub-steps:
- a first folding of the single sheet (Fig. 2, blank B1 is folded mandrel 32 moves from station S1-S2, and further folded at station S2), in the first angular position of the forming mandrel (S2-Fig. 1), capable of forming a first front wall, and the two side walls opposite each other (Fig. 3, three sides of blank B1 folded);
- a second folding of the single sheet (S4-Fig. 2), in a subsequent angular position of the forming mandrel (Fig. 1, S4 is after S2), capable of forming a second front wall (Fig. 3, panels 11 and 15 form the second wall), opposite the first front wall (13-Fig. 3), bringing two opposing portions against the forming mandrel and respective edges into contact with each other on a respective inner face (Fig. 3, panel 11 is sealed to panel 15), so as to create a longitudinal fin, arranged radially with respect to the rotating member (Fig. 3, seam formed by sealing panels 11 and 15 runs is arranged radially to member 31).
Regarding Claim 6, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the step of coupling the single sheet onto the mandrel takes place with the single sheet arranged horizontally (Fig. 3, blank B1 is further coupled to mandrel 32 by folding members 46-47 at station S2, wherein blank B1 is horizontally arranged).
Regarding Claim 7, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the step of transferring the open and partially sealed container to the conveyor device takes place with the container arranged vertically with the access opening facing upwards and the bottom downward (S8-Fig. 1).
Regarding Claim 8, Ueda and as modified by Zoeckler and Hodges in the parent claim, Ueda discloses wherein the bottom is closed by a bottom fin made by stably joining two internal faces of the single sheet (Figs. 1 and 8, station S6 close the bottom of container C by folding portions of blank B1 below score 28, wherein the folding of the bottom would result in a bottom fin formation which is then folded down by rails 83).
Claim(s) 9-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda (USP 5120292) and further in view of Zoeckler (US Pub 20130029823), Hodges (USP 4589863) and Sundby (USP 5809740).
Regarding Claim 9, Ueda discloses a machine (apparatus of Fig. 1) for making packages with a food product in liquid or pasty form (abstract) comprising:
- a single sheet (B1-Fig. 8), on which are obtained creasing lines (21-24 of Fig. 8) suitable for defining folding lines for forming a container (Fig. 1. Blank B1 is folded on scores 21-24 to form container C);
- a rotating member (31-Fig.1) rotating about an axis of rotation (Fig. 1, hatch pin at the center of body 31 with the rotation arrow) and provided with a plurality of forming mandrels (Fig. 1, plurality of mandrels 32) projecting radially along the circumference of the rotating member (Fig. 1) and configured to receive, each forming mandrel, a single sheet in a flat configuration from the forming station at a first predetermined angular position (Fig. 1, station S1 receives blank B1 in a flat configuration and station S1 is one of eight predetermined angular positions); each said forming mandrel being provided with a folding/holding device (33-Fig. 1) configured to hold and form at least a first wall on the forming mandrel starting form said single sheet in flat configuration (Fig. 1, holder 33 holds the same face of blank B1 as mandrel 32 is rotated through stations S1-S8);
- a plurality of folding/sealing stations (Fig. 1, stations S1 to S7 fold and seal blank B1 into container C) arranged along a circular path travelled by the forming mandrels (Fig. 1, mandrels 32 move through stations S1-S8), and interacting with each forming mandrel of said rotating member, so as to completely wrap the single sheet onto the respective forming mandrel (Fig. 1, station S8 has the final product of container C formed from blank B1), folding it along the creasing lines (Fig. 1), so as to create respective pairs of side and front walls mutually opposed to each other and a bottom firmly joined together to form an open container on each forming mandrel (S8-Fig. 1), said container being open only on one end side (Fig. 6, container C below station S8);
- a conveying device (assembly of 47-Fig. 1 and the conveyor as recited in Column 6, lines 51-54) arranged in a second predetermined angular position of rotation of the forming mandrel (Fig. 1, device 47 is a station S8), different from the first angular position and configured to receive the open containers after being formed on the respective forming mandrel, and to move them towards (Fig. 1 and Column 6, lines 51-54, device 41 moves container C to a conveyor for transport to filling and closing station).
However, while Ueda discloses a magazine filled with scored blanks and an undisclosed means to fill and seal container C, Ueda is silent regarding the details about how the magazine is filled and the means for filling and sealing container C.
- a feeding station for feeding a continuous film;
- a forming station for forming a single sheet, from the continuous film, on which are obtained creasing lines, said creasing lines being created while the sheet is in a substantially flat configuration;
- a filling station configured to feed the open containers, by dropping, with product into a cavity of the open container through an access opening defined by the open end, and subsequently towards a sealing station for sealing the access opening of the container.
Zoeckler teaches:
- a feeding station (14-Fig. 1) for feeding a continuous film (Fig. 1, film 17 from roll 14);
- a forming station (37-Fig. 1) for forming a single sheet (39-Fig. 1), from a continuous film (17-Fig. 1), on which are obtained creasing lines (27-Fig. 1), said creasing lines being created while the sheet is in a substantially flat configuration.
Therefore, it would obvious to one of ordinary skill in the art, before the effective filing date of the applicant’s invention, to have further detailed how the scored carton blanks as disclosed by Ueda, can be formed from a continuous film with each blank having creasing, scoring or folding lines, so to further explain how the carton blanks, as disclosed by Ueda, are formed and deposited in magazine of carton blanks.
However, while Ueda and modified by Zoeckler teaches the forming of scored blanks suitable for the magazine as disclosed by Ueda, Ueda and Zoeckler are silent regarding:
said creasing lines being created while the sheet is in a substantially flat configuration; and
a filling station configured to feed the open containers, by dropping, with product into a cavity of the open container through an access opening defined by the open end, and subsequently towards a sealing station for sealing the access opening of the container.
Hodges teaches creasing lines being created while the sheet is in a substantially flat configuration (Fig. 1 and Column 3, lines 20-24, crease markings for milk carton blanks in web 88, which is in a substantially flat configuration).
Therefore, it would obvious to one of ordinary skill in the art, before the effective filing date of the applicant’s invention, to have further detailed how a method on how the fold lines in a web or sheet, as taught by Zoeckler, where the orientation of the web or sheet as it passes through a creasing device is matter of design choice, in that, the substantially flat configuration Hodges and the substantially angled configuration of Zoeckler would produce the same blank as utilized by Ueda to form the carton into a container of flowable food product.
However, while Ueda and modified by Zoeckler and Hodges is silent regarding:
a filling station configured to feed the open containers, by dropping, with product into a cavity of the open container through an access opening defined by the open end, and subsequently towards a sealing station for sealing the access opening of the container.
Sundby teaches a filling station (25-Fig. 1) configured to feed open containers (10-Fig. 1), by dropping (Fig. 1, filling mechanism 25 is above cartons 10, wherein a product is poured into the cartons), with product into a cavity (Fig. 1, the volume defined by carton 10) of the open container through an access opening defined by the open end (Fig.1, to open top of carton 10), and subsequently towards a sealing station (30-Fig. 1) for sealing the access opening of the container (Fig. 1, sealing station closes the top of carton 10).
Therefore, it would obvious to one of ordinary skill in the art, before the effective filing date of the applicant’s invention, to have further detailed how the container of Ueda is filled and sealed by the filling and closing/sealing stations as taught by Sundby, wherein the teachings of Sundby further detail how the disclose conveyance with filling and sealing of a container is accomplished.
Regarding Claim 10, Ueda and as modified by Zoeckler, Hodges and Sundby in the parent claim, Ueda discloses wherein each forming mandrel comprises a prismatic body (the examiner notes that under the broadest reasonable interpretation, a prism requires a polygon with at least two parallel sides and in Ueda Fig. 1, mandrels 32 have at least two parallel sides) dimensioned to make the respective pairs of side and front walls, and the bottom of the container (Fig. 1, stations S1-S8 creates the respective walls and bottom on each mandrel 32).
Regarding Claim 15, Ueda and as modified by Zoeckler, Hodges and Sundby in the parent claim, Ueda discloses wherein one of the bending/sealing stations (S4-Fig. 3) comprises a first pair of bending heads (Fig. 3 assembly of members 61 and 62) arranged bilaterally with respect to the circular path of each forming mandrel (Figs. 1-3, members 61 and 62 has at least two surfaces which are lateral to mandrel 32 as mandrel 32 is positioned at station S4) and movable (Fig. 3, members 62 and 61 are movable), bidirectionally (Fig. 3, reciprocating motion of members 62 and 61), parallel to the axis of rotation of the rotating member (Fig. 3, reciprocating motion of members 61 and 62 is parallel to the hatch center point of member 31) between a backward inoperative position, wherein the first pair of heads are away from the forming mandrel moving along the circular path (Fig. 3, wherein members 61 and 62 are distal from mandrel 32), and an advanced operative position, in which the first pair of heads are near to each other and close to the forming mandrel (Fig. 3, wherein members 61 and 62 are proximal to mandrel 32), in a stationary phase of the forming mandrel (S4-Fig. 3), so as to intercept a portion of the single sheet (Fig. 3, panels 11 and 15 of blank B1) and folding it to form the pair of opposite front walls of the container (Fig. 3, the two walls engaged by both members 61 and 62) and form a longitudinal fin (Fig. 3, the longitudinal fin formed by sealing panels 11 to 15) made by stably joining two inner faces of the single sheet and arranged radially with respect to the rotating member (members 61 press the inner surfaces of panels 15 and 11 to form a seam which extends laterally from member 31).
Claim 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda (USP 5120292) and further in view of Zoeckler (US Pub 20130029823), Hodges (USP 4589863), Sundby (USP 5809740) and Busse (USP 4409045).
Regarding Claim 11, Ueda and as modified by Zoeckler, Hodges and Sundby in the parent claim, Ueda discloses wherein each forming mandrel and container in the parent claim.
However, Ueda is silent regarding wherein each forming mandrel comprise an ejector member configured to pull the container out of the forming mandrel by pushing within the cavity against an inner face of the bottom of said container.
Busse teaches wherein each forming mandrel (M-Fig. 1) comprise an ejector member (BP-Fig. 3) configured to pull a container (12-Fig. 1) out of the forming mandrel by pushing within the cavity against an inner face of the bottom of said container (Fig. 3, plunger BP is pushed by shaft KS2 to push container 12 of mandrel 12).
Therefore, it would have been obvious to one or ordinary skill in the art, before the effective filing date of the applicant’s invention, to have modified the mandrels as disclosed by Ueda, to have incorporated the ejector plunger as taught by Busse, to provide a motive force applied to and interior of a container mounted on an mandrel, so to insure that the container is not deformed as the container is removed from the mandrel.
Allowable Subject Matter
Claims 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT HOWELL whose telephone number is (571)270-5945. The examiner can normally be reached M-F, 0800 - 1500.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thanh Truong can be reached at 571-272-4472. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT A HOWELL/Examiner, Art Unit 3731 09/30/2025
/ANNA K KINSAUL/Supervisory Patent Examiner, Art Unit 3731
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