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 .
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/1/25.
Applicant’s election without traverse of claims 1-16 in the reply filed on 12/1/25 is acknowledged.
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.
Claim(s) 1,3,4,5,6,8,9,10,11,12,13,14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP3235741.
It should be noted that apparatus claims are examined for its structure rather than the material worked upon, how the apparatus is used, or what the apparatus does. MPEP 2114 and 2115.
1. (original) An apparatus (EP3235741: figs 7-12) for skin application of a thermoformable film (9) to a support (3), comprising:
a supporting element (4), which defines a working chamber (6) which has an upper opening (7) and which is configured to receive, in use, the support (3) (EP3235741: the lower mold constitutes the supporting element; the space within the lower mold constitutes the working chamber; the opening between the ledges that hold the tray 7 constitutes the upper opening; tray 7 constitutes the support; figs 7-12); and
a closing element (5), which has a lower heating face (8) configured to heat, in use, the thermoformable film (9) to be applied on the support (3) (EP3235741: the upper mold constitutes the closing element; the lower surfaces of both heat-sealing rim 17 and heating plate 21 constitute the lower heating face; film 5 constitutes the thermoformable film; figs 7-12);
wherein:
the supporting element (4) and the closing element (5) are movable, at least one relative to the other, between a home position, in which the supporting element (4) and the closing element (5) are uncoupled and spaced apart from each other and the working chamber (6) is open, and a working position, in which the supporting element (4) and the closing element (5) are coupled to each other and in which the upper opening (7) is completely closed by the lower heating face (8) (EP3235741: figs 8-9 show the open and closed positions of the mold halves, wherein when the mold halves are closed together, the upper opening is completely closed by the lower surfaces of both heat-seal rim 17 and heating plate 21; [0049-0052];
the apparatus (1) also comprises means for creating the vacuum (11), which are associated with the supporting element (4) and which are configured to generate the vacuum in the working chamber (6) when the supporting element (4) and the closing element (5) are in the working position and to cause in use adhesion of the thermoformable film (9) to the support (3) (EP3235741: [0021] teaches a vacuum means for creating a vacuum within chamber 15 of the lower mold to draw the film against the tray);
the supporting element (4) comprises a housing portion (15), which defines a housing (19) configured to receive, in use, the support (3), and a distancing portion (16), which is placed between the housing portion (15) and the upper opening (7) and which defines a distancing space(21) interposed between the housing (19) and the upper opening (7), the housing (19) and the distancing space (21) being part of the working chamber (6) (EP3235741: the portion of the lower mold that holds the tray when the mold halves are closed constitutes the housing portion; the upper surface of the portion of the lower mold that holds the tray 7 when the mold halves are closed constitutes the housing; the portion of the lower mold laterally outside of the tray when the tray is lowered into the lower mold constitutes the distancing portion; the space where the tray sits when the mold halves are closed constitutes the distancing space);
the supporting element (4) also comprises cutting means (23) which surround the housing (19), which are surrounded by the distancing portion (16) and which are movable between a lowered position and a raised position, the movement from the lowered position to the raised position of the cutting means (23) causing, in use, cutting of the thermoformable film (9), the cutting means (23) being moved in use from the bottom upwards from the lowered position to the raised position whilst the closing element (5) and the supporting element (4) are kept in the working position (EP3235741: figs 11-12 show cutting means 19, which surround the support that holds the tray, in retracted and extended positions to cut the film 5; [0056]).
3. (previously presented) The apparatus according to claim 1, wherein the distancing portion (16) extends continuously around the housing portion (15) and has inner walls (22) which are inclined relative to a horizontal reference plane, when the supporting element (4) and the closing element (5) are in the working position the inner walls (22) converging moving away from the lower heating face (8) (EP3235741: the portion of the lower mold laterally outside of the tray when the tray is lowered into the lower mold constitutes the distancing portion, this portion has an inclined surface that inclines away from the heat-sealing rim and heating plate; figs 7-12).
4. (previously presented) The apparatus according to claim 1, wherein the supporting element (4) comprises a supporting member (41) and an operating member (42), the operating member (42) comprising the housing portion (15), the cutting means (23) and the distancing portion (16) and defining the upper opening (7), the operating member (42) being removably mounted on the supporting member (41) (EP3235741: the lowest portion of the lower mold constitutes the supporting member; together the portion of the lower mold that holds the tray when the mold halves are closed constituting the housing portion, cutting means 19, and the portion of the lower mold laterally outside of the tray when the tray is lowered into the lower mold constituting the distancing portion constitutes the operating member; figs 7-12).
5. (original) The apparatus according to claim 4, wherein the supporting member (41) defines a receiving seat (12), and wherein the operating member (42) is removably mounted on the supporting member (41) inside the receiving seat (12) (EP3235741: the space within the lower mold that houses and mounts the cutting means and the lifting means constitutes the receiving seat; figs 7-12).
6. (original) The apparatus according to claim 4, wherein the supporting member (41) defines a supporting base for the operating member (42), the operating member (42) being removably mounted on the supporting base of the supporting member (41) (EP3235741: the lower portion of the lower mold and receptable 11 that supports the lifting means constitutes the supporting base; figs 7-12).
7. (previously presented) The apparatus according to claim 4, comprising a plurality of operating members (42) each of which defines a respective upper opening (7), which are alternatively mountable on the supporting member (41) and which are interchangeable, each operating member (42) of said plurality of operating members (42) differentiating from the other operating members (42) of said plurality of operating members (42) at least as regards the shape and/or the size respectively of the housing (19) and/or of the distancing space (21), and wherein when each operating member (42) is mounted on the supporting member (41) and the supporting element (4) and the closing element (5) are in the working position, the upper opening (7) of that operating member (42) is completely closed by the lower heating face (8) (EP3235741: the abstract teaches a bell 13/upper mold and a lower mold having multiple receptacles that supports multiple trays).
8. (previously presented) The apparatus according to claim 1, wherein the supporting element (4) also comprises a movement system (27) which is associated with the cutting means (23) for moving the cutting means (23) between the raised position and the lowered position (EP3235741: cutting means 19 includes a means for raising and lowering the cutter; figs 11-12; [0056]).
9. (original) The apparatus according to claim 8, wherein the movement system (27) comprises a first actuator (28), which is switchable between a first configuration and a second configuration, and connecting means (29), which mechanically connect the first actuator (28) and the cutting means (23), said cutting means (23) being in the lowered position when the first actuator (28) is in the first configuration and being in the raised position when the first actuator (28) is in the second configuration (EP3235741: cutting means 19 includes springs and rods for raising and lowering the cutter; figs 11-12; [0056]).
10. (previously presented) The apparatus according to claim 4, wherein the supporting element (4) also comprises a movement system (27) which is associated with the cutting means (23) for moving the cutting means (23) between the raised position and the lowered position and wherein the operating member (42) also comprises the movement system (27) (EP3235741: cutting means 19 includes a means for raising and lowering the cutter; figs 11-12; [0056]).
11. (previously presented) The apparatus according to claim 1, wherein the cutting means (23) project into the working chamber (6) when the cutting means (23) are in the raised position, and wherein the cutting means (23) are outside the working chamber (6) when the cutting means (23) are in the lowered position (EP3235741: the cutter of the cutting means projects into the space occupied by the film in order to cut the film and then retracts away from the space after cutting; figs 11-12; [0056]).
12. (previously presented) The apparatus according to claim 1, wherein made between the housing portion (15) and the distancing portion (16) there are slits (24) in which the cutting means (23) are mounted (EP3235741: the gap that is occupied by the cutting means constitutes the slits; figs 11-12).
13. (previously presented) The apparatus according to claim 1, also comprising a retaining device (49) of the thermoformable film (9) which is switchable between an opening configuration, in which in use it is uncoupled from the thermoformable film (9), and a closing configuration, in which in use it retains the thermoformable film (9) interposed between the supporting element (4) and the closing element (5), and wherein the retaining device (49) of the thermoformable film (9) is in the closing configuration at least when the supporting element (4) and the closing element (5) are moved from the working position to the home position (EP3235741: together the lower supporting surface 9 and the opposing surface of the upper mold 13 constitute the retaining device).
14. (original) The apparatus according to claim 13, wherein the retaining device (49) comprises a first retaining element (50) and a second retaining element (51) which are movable at least one relative to the other between a spaced position, which corresponds to the opening configuration of the retaining device (49) and in which they are spaced apart and uncoupled from each other, and a near position, which corresponds to the closing configuration of the retaining device (49) and in which they are near and coupled to each other to lock the thermoformable film (9) between them (EP3235741: : together the lower supporting surface 9, which is movable, and the opposing surface of the upper mold 13, which is movable, constitute the retaining device).
16. (previously presented) The apparatus according to claim 1, configured to perform the skin packaging of a product (2), wherein:
the supporting element (4) is configured to receive, in use, the support (3) on which the product (2) is positioned (EP3235741: figs 7-12);
the lower heating face (8) is configured to heat, in use, the thermoformable film (9) to be applied on the support (3) and the product (2) (EP3235741: figs 7-12); and
the means for creating the vacuum (11) are configured to generate the vacuum in the working chamber (6) when the supporting element (4) and the closing element (5) are in the working position and to cause in use the thermoformable film (9) to adhere to the support (3) and to the product (2) (EP3235741: figs 7-12).
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) 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP3235741as applied to claim 1 above. The above teachings of EP3235741 are incorporated hereinafter.
Regarding claim 2, EP3235741 does not teach the lower heating face being completely flat. Since completely flat heating surfaces are well-known in the heating art for its predictability and effectiveness, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the heat-sealing rim and heating plate of EP3235741 to be positioned as completely flat in order to allow for accurate heating across the surfaces.
Regarding claim 15, EP3235741 does not teach the retaining device being fixed to the closing element. Since film retaining means attached to an upper mold are well-known in the thermoforming art for better handling of the film, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the upper mold 13 of EP3235741 to have a fixed retaining means in order improve handling of the film during opening and closing of the mold.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach thermoforming systems having film retainers and cutting means: 6367361,3755522, and 4304747.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao (Sam) Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744