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 .
This Office Action is in response to the applicant’s amendment filing on 08/12/2026.
Applicant’s cancelation of claims 1-18 is acknowledged and require no further examining. Claims 19-38 are pending and examined below.
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 19-29 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 pre-AIA the applicant regards as the invention.
Regarding claim 19 line 12, the phrase “said manipulator along a predetermined path” renders claim 19 vague and indefinite because it is unclear if this is a new or previously mentioned feature. When a new feature is introduced, the feature should be preceded by “a”. When a previous feature is being referred to, the feature should be preceded by "the" or "said". Prior to the quoted phrase, the package is disclosed to move along a predetermined path. It is unclear if the predetermined path in the quoted phrase is the same or different from the prior mentioned predetermined path. For examining purposes, the phrase is interpreted as “said manipulator along the predetermined path”.
Claims 20-25 and 27-28 are dependent of claim 19 and include all the same limitations.
Regarding claim 26 lines 1-2, the phrase “package contains a product” renders claim 26vague and indefinite because it is unclear if this is a new or previously mentioned feature. When a new feature is introduced, the feature should be preceded by “a”. When a previous feature is being referred to, the feature should be preceded by "the" or "said". Claim 26 is dependent of claim 19, and claim 19 disclose the process for moving products in packages. It is unclear if the product of claim 26 is the same or different from the product in claim 19. For examining purposes, the phrase is interpreted as “package contains the product”.
Regarding claim 29 lines 11-12, the phrase “towards an other gripping element” renders claim 29 vague and indefinite because it is unclear if this is a new or previously mentioned feature. When a new feature is introduced, the feature should be preceded by “a”. When a previous feature is being referred to, the feature should be preceded by "the" or "said". Prior to the quoted phrase, the manipulator is disclosed to comprise a pair of gripping elements. It is unclear if the other gripping element is the same or different from the pair of gripping elements. For examining purposes, the phrase is interpreted as “towards one of the gripping elements of the pair of gripping elements”. Claim 30 is interpreted in a similar way.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 26 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 26, the phrase “package contains a product” renders claim 26 to be of improper dependent form because the feature fails to further limit the subject matter. Claim 26 is dependent of claim 19, and claim 19 disclose the process for moving products in packages.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 19-26 and 29-38 are rejected under 35 U.S.C. 103 as being unpatentable over reference Draghetti et al. (5,901,530) in view of references Engelhardt et al. (2019/0322066) and Strömber et al. (3,078,633).
Regarding claim 19, Draghetti et al. disclose a process for moving products in packages along a predetermined path, wherein the package has a front end and a rear end, wherein the at least one of the front end and the rear end are is radially external with respect to the predetermined path, and wherein the predetermined path comprises at least one curvilinear section, wherein the process comprises the steps of:
providing a manipulator (26) comprising a gripping hear (27);
grasping a respective package (4) with said manipulator (26);
moving said respective package (4) by displacing the manipulator (26) along the predetermined path; and
releasing said respective package (4).
(Figure 3 and Column 3 lines 35-54)
However, Draghetti et al. do not disclose the package comprises a box-like body with an opening at least at said front end, and do not disclose a pair of gripping elements comprising at least one obstruction element.
Engelhardt et al. disclose a package (12) comprising a box-like body extending longitudinally between a front end situated on one side of a predefined path (13) and a rear end situated on the opposing side of said predefined path (13), wherein the box-like body has an opening at least at said front end, and wherein the box-like body comprises a wing (12A, 12B, 12C, 12D) at the front end and at the rear end. (Figure 4 and Page 2 paragraph 31, 41, Page 3 paragraph 54)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the package of Draghetti et al. by incorporating the box-like body with wings as taught by Engelhardt et al., since page 1 paragraph 7 of Engelhardt et al. states such a modification would allow a stack of product to be inserted into the package without disturbing the stack.
Strömber et al. disclose a manipulator comprising a pair of gripping elements (22), wherein each gripping elements (22) comprises:
a first end region (see figure 8 below);
a second end region (see figure 8 below) longitudinally oppose dot the first end region (see figure 8 below); and
at least one obstruction element (30) extending from said first end region towards one of the gripping elements in the pair of gripping elements,
wherein the obstruction element (30) is configured to at least partially obstruct an opening of a package (Figure 1)
(Figure 1, 7 and Column 3 lines 15-17, 71-72, Column 4 lines 27-31, Column 6 lines 30-34)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the manipulator of Draghetti et al. by incorporating the gripping elements as taught by Strömber et al., since column 6 lines 47-50 of Strömber et al. states such a modification would ensure the product is held within the package during further processing.
[AltContent: textbox (Strömber et al.)][AltContent: arrow][AltContent: textbox (Second End Region)][AltContent: textbox (Second End Region)][AltContent: arrow][AltContent: textbox (First End Region)][AltContent: arrow][AltContent: textbox (First End Region)][AltContent: arrow][AltContent: textbox (Second Gripping Element)][AltContent: arrow][AltContent: textbox (First Gripping Element)][AltContent: arrow][AltContent: rect][AltContent: rect]
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Since Draghetti et al. disclose the package is moved so that a front end of the package is radially external with respect to the curvilinear path and a rear end of the package is radially internal with respect to the curvilinear path, and since Strömber et al. disclose the front end region and the rear end region of the gripping elements are adjacent to the front end and the rear end of the package, Draghetti et al. in view of Strömber et al. is interpreted to disclose the first end region of the gripping element is radially external with respect to the curvilinear path.
Regarding claim 20, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose the obstruction element (Strömber et al. – 30) at least partially obstructs the opening while the gripping elements (Strömber et al. – 22) are displaced into the gripping configuration. (Strömber et al. – Figure 14)
Regarding claim 21, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose the respective package (Engelhardt et al. – 12) is moved by said manipulator (Draghetti et al. – 26) within a geometric plane. (Draghetti et al. – Figure 3)
Regarding claim 22, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose the geometric plane is a horizontal geometric plane. (Draghetti et al. – Figure 3)
Regarding claim 23, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose the curvilinear section is an arc of a circle. (Draghetti et al. – Figure 3)
Regarding claim 24, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose the step of releasing said respective package (Engelhardt et al. – 12) comprises displacing said gripping elements (Strömber et al. – 22) into said open configuration. (Strömber et al. – Figure 19)
Regarding claim 25, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose said respective package (Engelhardt et al. – 12) comprises a wing (Engelhardt et al. – 12A, 12B, 12C, 12D) at least at one of said front end and rear end, wherein the step of at least partially obstructing said opening comprises the at least one obstruction element (Strömber et al. – 30), extending from one of said gripping elements (Strömber et al. – 22), abutting the wing (Engelhardt et al. – 12A, 12B, 12C, 12D) and folding said wing (Engelhardt et al. – 12A, 12B, 12C, 12D) toward said opening. (Strömber et al. – Figure 14 and Column 4 lines 27-31)
Regarding claim 26, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose said respective package (Engelhardt et al. – 12) contains the product. (Engelhardt et al. – Page 3 paragraph 47)
Regarding claim 29, Draghetti et al. disclose a manipulator (26) comprising a gripping head (27), wherein the manipulator (26) is configured to move a package (4) along a curvilinear path, wherein the manipulator (26) rotates said package (4) so that a front end of the package (4) is radially external with respect to the curvilinear path (P) and a rear end of the package (4) is radially internal with respect to the curvilinear path (P). (Figure 3 and Column 3 lines 35-54)
However, Draghetti et al. do not disclose the package comprises a box-like body with an opening at least at said front end, and do not disclose a pair of gripping elements comprising at least one obstruction element.
Engelhardt et al. disclose a package (12) comprising a box-like body extending longitudinally between a front end situated on one side of a predefined path (13) and a rear end situated on the opposing side of said predefined path (13), wherein the box-like body has an opening at least at said front end. (Figure 4 and Page 2 paragraph 31)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the package of Draghetti et al. by incorporating the box-like body as taught by Engelhardt et al., since page 1 paragraph 7 of Engelhardt et al. states such a modification would allow a stack of product to be inserted into the package without disturbing the stack.
Strömber et al. disclose a manipulator comprising a pair of gripping elements (22), wherein each gripping elements (22) comprises:
a first end region (see figure 8 above);
a second end region (see figure 8 above) longitudinally oppose dot the first end region (see figure 8 above); and
at least one obstruction element (30) extending from said first end region towards one of the gripping elements in the pair of gripping elements,
wherein the obstruction element (30) is configured to at least partially obstruct an opening of a package (Figure 1)
(Figure 1, 7 and Column 3 lines 15-17, 71-72, Column 4 lines 27-31, Column 6 lines 30-34)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the manipulator of Draghetti et al. by incorporating the gripping elements as taught by Strömber et al., since column 6 lines 47-50 of Strömber et al. states such a modification would ensure the product is held within the package during further processing.
Since Draghetti et al. disclose the package is moved so that a front end of the package is radially external with respect to the curvilinear path and a rear end of the package is radially internal with respect to the curvilinear path, and since Strömber et al. disclose the front end region and the rear end region of the gripping elements are adjacent to the front end and the rear end of the package, Draghetti et al. in view of Strömber et al. is interpreted to disclose the first end region of the gripping element is radially external with respect to the curvilinear path and the second end region of the gripping element is radially internal with respect to the curvilinear path.
Regarding claim 30, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose each of said gripping elements (Strömber et al. – 22) further comprises a second obstruction element (Strömber et al. – 30) extended from said second end region towards one of the gripping elements in the pair of gripping elements. (Strömber et al. – Figure 7 and Column 4 lines 27-31)
Regarding claim 31, Draghetti et al. disclose a manipulator (26) comprising a gripping head (27), wherein the manipulator (26) is configured to move a package (4) along a predetermined path, wherein the predetermined path comprises a curvilinear section. (Figure 3 and Column 3 lines 35-54)
However, Draghetti et al. do not disclose the package comprises a box-like body with an opening at least at said front end, and do not disclose a pair of gripping elements comprising a first obstruction element and a second obstruction element.
Engelhardt et al. disclose a package (12) comprising a box-like body extending longitudinally between a front end situated on one side of a predefined path (13) and a rear end situated on the opposing side of said predefined path (13), wherein the box-like body has an opening at least at said front end. (Figure 4 and Page 2 paragraph 31)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the package of Draghetti et al. by incorporating the box-like body as taught by Engelhardt et al., since page 1 paragraph 7 of Engelhardt et al. states such a modification would allow a stack of product to be inserted into the package without disturbing the stack.
Strömber et al. disclose a manipulator comprising:
a first gripping element (22); and
a second gripping element (22) cooperating with the first gripping element (22) to grasp a package,
wherein the first gripping element (22) comprises:
a first end region (see figure 8 above);
a second end region (see figure 8 above) longitudinally oppose dot the first end region (see figure 8 above); and
a first obstruction element (30) extending from said first end region towards the second gripping element,
wherein the first obstruction element (30) is configured to at least partially obstruct a first opening of a package (Figure 1); and
a second obstruction element (30) extending from said second end region towards the second gripping element,
wherein the second obstruction element (30) is configured to at least partially obstruct a second opening of the package (Figure 1), and
wherein said first gripping element and second gripping element are configured to move along a movement trajectory between an open configuration and a gripping configuration.
(Figure 1, 7 and Column 3 lines 15-17, 71-72, Column 4 lines 27-31, Column 6 lines 30-34)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the manipulator of Draghetti et al. by incorporating the gripping elements as taught by Strömber et al., since column 6 lines 47-50 of Strömber et al. states such a modification would ensure the product is held within the package during further processing.
Regarding claim 32, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose the second gripping element (Strömber et al. – 22) comprises:
a first end region (Strömber et al. – see figure 8 above);
a second end region (Strömber et al. – see figure 8 above) longitudinally oppose dot the first end region (Strömber et al. – see figure 8 above); and
a first obstruction element (Strömber et al. – 30) extending from said first end region towards the second gripping element,
wherein the first obstruction element (Strömber et al. – 30) is configured to at least partially obstruct the first opening of the package (Engelhardt et al. – 12); and
a second obstruction element (Strömber et al. – 30) extending from said second end region towards the second gripping element,
wherein the second obstruction element (Strömber et al. – 30) is configured to at least partially obstruct the second opening of the package (Engelhardt et al. – 12), and
(Strömber et al. – Column 4 lines 27-31, Column 6 lines 30-34)
Regarding claim 33, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose a plurality of adhesion elements (Draghetti et al. – 29) interposed between said pair of gripping elements (Strömber et al. – 22). (Draghetti et al. – Column 4 liens 32-37)
Regarding claim 34, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose said adhesion elements (Draghetti et al. – 29) comprise suction cups. (Draghetti et al. – Column 4 lines 32-37)
Regarding claim 35, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose an apparatus (Draghetti et al. – Figure 3) for packaging packages (Engelhardt et al. – 12) with a box-like body comprising the manipulator according to claim 29, wherein the manipulator is mounted on a carousel (Draghetti et al. – 25). (Draghetti et al. – Figure 3 and Column 3 lines 34-43)
Regarding claim 36, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose a plurality of adhesion elements (Draghetti et al. – 29) interposed between said pair of gripping elements (Strömber et al. – 22). (Draghetti et al. – Column 4 liens 32-37)
Regarding claim 37, Draghetti et al. modified by Engelhardt et al. and Strömber et al. disclose said adhesion elements (Draghetti et al. – 29) comprise suction cups. (Draghetti et al. – Column 4 liens 32-37)
Regarding claim 38, Draghetti et al. disclose a process for moving products in packages along a predetermined path, wherein the process comprises the steps of:
providing a manipulator (26) comprising a gripping hear (27);
grasping a respective package (4) with said manipulator (26);
moving said respective package (4) by displacing the manipulator (26) along the predetermined path; and
releasing said respective package (4).
(Figure 3 and Column 3 lines 35-54)
However, Draghetti et al. do not disclose the package comprises a box-like body with an opening at least at said front end, and do not disclose a pair of gripping elements comprising at least one obstruction element.
Engelhardt et al. disclose a package (12) comprising a box-like body extending longitudinally between a front end situated on one side of a predefined path (13) and a rear end situated on the opposing side of said predefined path (13), wherein the box-like body has an opening at least at said front end, and wherein the box-like body comprises a wing (12A, 12B, 12C, 12D) at the front end and at the rear end. (Figure 4 and Page 2 paragraph 31, 41, Page 3 paragraph 54)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the package of Draghetti et al. by incorporating the box-like body with wings as taught by Engelhardt et al., since page 1 paragraph 7 of Engelhardt et al. states such a modification would allow a stack of product to be inserted into the package without disturbing the stack.
Strömber et al. disclose a manipulator comprising a pair of gripping elements (22), wherein each gripping elements (22) comprises:
a first end region (see figure 8 below);
a second end region (see figure 8 below) longitudinally oppose dot the first end region (see figure 8 below); and
at least one obstruction element (30) extending from said first end region towards one of the gripping elements in the pair of gripping elements,
wherein the obstruction element (30) is configured to at least partially obstruct an opening of a package (Figure 1);
wherein the obstruction element (30) is configured to rotate about an axis of rotation substantially parallel to the longitudinal direction of the package (Figure 1).
(Figure 1, 7 and Column 3 lines 15-17, 71-72, Column 4 lines 27-31, Column 6 lines 30-34)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the manipulator of Draghetti et al. by incorporating the gripping elements as taught by Strömber et al., since column 6 lines 47-50 of Strömber et al. states such a modification would ensure the product is held within the package during further processing.
Since Engelhardt et al. disclose the package (12) comprises a box-like body with a wing (12A, 12B, 12C, 12D) at the front end and at the rear end, and since Strömber et al. disclose the obstruction element (30) is configured to at least partially obstruct an opening of a package, Draghetti et al. in view of Engelhardt et al. and Strömber et al. is interpreted to disclose the obstruction element abuts the wring of the package and folds the wing towards the opening.
Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over reference Draghetti et al. (5,901,530) in view of references Engelhardt et al. (2019/0322066) and Strömber et al. (3,078,633) as applied to claim 19 above, and further in view of reference Cirette et al. (2022/0332447).
Regarding claim 27, Draghetti et al. disclose the step of releasing said respective package (4) comprises releasing said respective package (4) onto a conveyor belt (13). (Column 3 lines 4-6)
However, Draghetti et al. modified by Engelhardt et al. and Strömber et al. do not disclose a conveyor comprising containment elements.
Cirette et al. disclose a process for moving packages (100), wherein the process comprises the steps of:
providing a manipulator (5) on which a pair of gripping elements (50) is mounted;
grasping a respective package (100) with said manipulator (5);
moving said respective package (100) by displacing said manipulator along a predefined path; and
releasing said respective package (100) on to a conveyor belt (4) comprising containment elements (42), wherein said containment elements (42) are provided to maintain said respective package (100) in said predefined conformation.
(Figures 13-14 and Page 4 paragraph 76)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the conveyor of Draghetti et al. by incorporating the containment elements as taught by Cirette et al., since page 4 paragraph 76 of Cirette et al. states such a modification would ensure the conveyor holds the package in place relative to the conveyor while traveling.
Regarding claim 28, Draghetti et al. modified by Engelhardt et al., Strömber et al., and Cirette et al. disclose said gripping elements (Strömber et al. – 22) are shaped to not interfere with said containment elements (Cirette et al. – 42) of said conveyor belt (Cirette et al. – 4). (Cirette et al. – Figures 13-14)
Response to Arguments
The Amendments filed on 08/12/2026 have been entered. Applicant’s cancelation of claims 1-18 is acknowledged and require no further examining. Claims 19-38 are pending in the application.
In response to the arguments of the objections towards the drawings, in view of the amended drawings, Examiner withdraws the drawing objections.
In response to the arguments of the rejections under 35 U.S.C. 112(b), in view of the amendments to the claims, Examiner withdraws the 112(b) rejections.
In response to the arguments of the rejections under 35 U.S.C. 102(a)(1) with reference Cirette et al. (2022/0332447), in view of the amendments to the claims, Examiner withdraws the 102 rejections.
In response to the arguments of the rejections under 35 U.S.C. 103 with reference Draghetti et al. (5,901,530) modified by references Engelhardt et al. (2019/0322066) and Strömber et al. (3,078,633), Examiner finds the arguments not persuasive.
Applicant states:
However, Stromberg, the only cited art referenced for Claim 29 that shows a folding apparatus, should not be combined because it relates to a stationary package and not to the filing and handling of a package in motion.
In response to applicant's argument that Strömber et al. is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Draghetti et al. pertains to a system comprising a manipulator configured to grasp a package. Strömber et al. pertains to a system comprising a manipulator configured to: grasp a package; and fold portions of the package. Therefore, Draghetti et al. and Strömber et al. pertain to the particular problem of using a manipulator to grasp a package.
Furthermore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Strömber et al. is not relied upon the teaching filling and handling a package in motion. Strömber et al. is relied upon for the teaching of a manipulator comprising a pair of gripping elements, wherein said gripping elements comprise at least one obstruction element. Draghetti et al. is relied upon for the teaching of using a manipulator to: grasp a package; and move said package along a predetermined path. When modifying Draghetti et al. in view of Strömber et al., the manipulator is interpreted to: grasp a package; move the obstruction element to obstruct an opening of the package; and move said package along a predetermined path.
Applicant states:
While Engelhardt may disclose a package with a box-like body with openings, there is nothing that suggest that the opening of the box in Engelhardt would be positioned oriented radially external to the curvilinear section of Draghetti, especially when packet of Draghetti is not stationary with respect to the rotating carousel.
In Figure 4 of Engelhardt et al., the longitudinal axis extending between the front end and the rear end is shown to be perpendicular to the machine direction (MD). This implies the package is oriented so that the front end is on one site of the machine direction, and the rear end is on the opposite side of the machine direction. Therefore, when modifying Draghetti et al. in view of Engelhardt et al., the front end of the package would be situated on one side of the preterminal path, i.e. the external side of the curvilinear section, and the rear end of the package would be situated one the opposite side of the predetermined path, i.e. the internal side of the ear section.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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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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/PATRICK B FRY/Examiner, Art Unit 3731 September 25, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
