FIRST NON-FINAL REJECTION
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 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.
Claim 1 is 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.
Claim 1 recites the limitation "the load containment force" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "stretch wrap film" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lancaster, III et al. U.S. Patent Application Publication 20080295614.
With respect to claim 1, Lancaster teaches an automated testing tool (apparatus 10, figure 1) for measuring and recording stretch film properties (abstract, paragraph 41), wherein said automated testing tool is configured to measure and record the load containment force of stretch wrap film (apparatus 10 which has a measuring device 24 for measuring a containment force of a packaging material 14 that is wrapped around a load 12, paragraphs 41-42).
Claim(s) 1, 5, and 9-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Riemenschneider, III et al. U.S. Patent Application Publication 2021/0088395.
With respect to claims 1 and 5, Riemenschneider teaches providing a stretch film having an inner surface and an outer surface (packaging wrap 12 having an inner and outer surface, figure 1); wrapping a load with the stretch film so that the inner surface is in contact with the load (load 10 wrapped in packaging material 12, figure 1); attaching a measuring tool to the load and to the inner surface of the stretch film (contact arm 38 of containment force apparatus 20 passes behind the film to press against the load, paragraph 22); using the measuring tool to pull the stretch film away from the load to measure a pulling force (paragraph 34, figure 5).
With respect to claim 9, Riemenschneider teaches displaying the load force on the measuring tool (display screen 90, paragraph 30, figure 3).
With respect to claim 10, Riemenschneider teaches wherein the attaching step comprises placing the measuring tool at a centerline of the load (interpreted as the centerline of the load 10 that the apparatus contacts and the force may be measured at many positions, paragraph 38, figure 1).
With respect to claims 11-12, Riemenschneider teaches delaying the step of using the measuring tool to pull the stretch film away from the load a time interval after the step of wrapping the load with the stretch film and wherein the time interval is at least five minutes (waiting time of at least 5 min after load is wrapped, paragraph 16).
With respect to claim 13, Riemenschneider teaches wherein the step of using the measuring tool to pull the stretch film away from the load further comprises recording the pulling force at a plurality of predetermined distances from the load (a plurality of points are measured, paragraph 36).
Allowable Subject Matter
Claims 2-4 are allowed.
Claims 6-8 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.
The following is an examiner’s statement of reasons for allowance:
With regard to claim 2 and 6, the closest found prior art, Riemenschneider, III et al. U.S. Patent Application Publication 2021/0088395, discloses the closest found prior art of record. However, Riemenschneider fails to encompass all the limitations of the claimed subject matter. Further, the claimed subject matter is not obvious when looking at the closest found prior art of record separately or in combination with each other.
Riemenschneider fails to teach a first support arm configured to rest on an outside surface of the stretch film at a first side of the grasping device; a second support arm configured to rest on the outside surface of the stretch film at a second side of the grasping device.
Thereby, the claims are found allowable over the found prior art of record as the examiner can find no teaches of above claimed subject matter, nor reasons within the found prior art of record on its own or in combination with each other to combine the elements of the references to fully encompass the claimed subject matter.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDDIE KIRKLAND III whose telephone number is (571)272-2232. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at (571) 272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
FREDDIE KIRKLAND III
Primary Examiner
Art Unit 2855
/Freddie Kirkland III/Primary Examiner, Art Unit 2855 5/30/2026
Prosecution Insights