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 .
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 22 October 2024 and 05 December 2024, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Drawings
The drawings are objected to because the figures are unclear. The lines are too blurry, pale, and undefined, and do not clearly depict the elements of the device. The lines of the drawings must be clear and dark so that the drawings are reproducible for publication purposes. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 12-20 are objected to because of the following informalities:
In claim 12, line 3, “intoan” appears to be an editorial error. It appears this should be changed to --into an--.
In claim 12, line 13, “support.;” appears to contain an editorial error. The period should be deleted.
Appropriate correction is required.
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 12-20 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.
Claim 12 is ambiguous as the phrase “simultaneously retrieving a first container holder adapted to be secured to the first group of containers from the container holder support surface of the apparatus and retrieving a second container holder adapted to be secured to the first group of containers from a plurality of container holders disposed in the magazine of the apparatus” is confusing as it appears to set forth both a first container holder and a second container holder to be secured to the first group of containers. Correction and/or clarification is required.
Claims 13-20 depend from claim 12, and are likewise rejected.
Claim Rejections - 35 USC § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Granbakken et al. (US Patent No. 5,537,801), cited by applicant.
With respect to claim 1, Granbakken et al. disclose an apparatus for securing container holders to containers (fig. 1), the apparatus comprising: a feeder (the bottles are conducted on a conveyor system, fig. 1, col. 3, lines 9-11); a magazine for holding a plurality of container holders (carrying strips in container magazine, fig. 1, col. 2, l. 54-59); a container holder support surface disposed between the feeder and the magazine and adapted to receive and support a single container holder of the plurality of container holders (side folder 3 supports a carrying strip, fig. 1); a container holder transporter (contraction device 8 and flap holder 7 conduct the carrying strips, fig. 2, col. 3, l. 1-5), the container holder transporter including first and second container holder retainers (first and second push-out devices 9, hinged carrier flaps 10, fig. 1); a container holder press (depressor plate 11); and an egress support (conveyor system, fig. 1).
With respect to claim 2, Granbakken et al. disclose a plurality of container holders disposed within the magazine of the apparatus (a plurality of container strips in the magazine, fig. 1).
With respect to claim 3, Granbakken et al. disclose each container holder of the plurality of container holders has a container holder nominal surface area equal to the length times the width of the container holder (carrying strips are rectangular, fig. 2); wherein all container holders of the plurality of container holders have substantially the same nominal surface area (all carrying strips are the same, fig. 1); and wherein the container holder support surface of the apparatus has a surface area larger than the nominal surface area of each container holder of the plurality of container holders (front and rear surfaces of folding devices and front and rear surfaces of side folder 3 has a greater surface area than the length times the width of a single carrying strip, fig. 1).
With respect to claim 4, Granbakken et al. disclose each container holder of the plurality of container holders defines a perforation (holes are pierced by point 4, col. 2, l. 62-65).
With respect to claim 5, Granbakken et al. disclose the perforation extends from one side of the container holder to an opposite side of the container holder (each carrying strip includes one hole for each bottle, extending along the length of the carrying strip, figs. 1, 2, col. 2, l. 62-65).
With respect to claim 6, Granbakken et al. disclose the container holder defines a plurality of container openings, each container opening of the plurality of container openings adapted to receive a container (holes for each bottle, col. 2, l. 62-65).
With respect to claim 7, Granbakken et al. disclose a first subgroup of the plurality of container openings is positioned on a first side of the perforation and a second subgroup of the plurality of container openings is positioned on a second, opposite side of the perforation (perforations produced by the point 4 in the center subgroup are between the container openings of first and second subgroups of containers and carrying strips, fig. 1).
With respect to claim 8, Granbakken et al. disclose the first subgroup of the plurality of container openings and the second subgroup of the plurality of container openings include the same number of container openings (each subgroup of container openings includes three container openings, fig. 1).
With respect to claim 9, Granbakken et al. disclose each of the first subgroup of the plurality of container openings and the second subgroup of the plurality of container openings defines four container openings (may include any desired number, such as a four pack, col. 2, l. 40-45).
With respect to claim 10, Granbakken et al. disclose each container holder of the plurality of container holders comprises a non-plastic material (carrying strips are cardboard, col. 2, l. 54-59).
With respect to claim 11, Granbakken et al. disclose each container holder of the plurality of container holders comprises cardboard (carrying strips are cardboard, col. 2, l. 54-59).
With respect to claim 12, Granbakken et al. disclose a method of securing a container holder to a group of containers (carrying strip is secured to a group of containers, fig. 1), the method comprising: advancing a plurality of containers into an apparatus for securing container holders to containers, the apparatus comprising: a feeder (the bottles are conducted on a conveyor system, fig. 1, col. 3, lines 9-11); a magazine for holding a plurality of container holders (carrying strips in container magazine, fig. 1, col. 2, l. 54-59); a container holder support surface disposed between the feeder and the magazine and adapted to receive and support a single container holder of the plurality of container holders (side folder 3 supports a carrying strip, fig. 1); a container holder transporter (contraction device 8 and flap holder 7 conduct the carrying strips, fig. 2, col. 3, l. 1-5), the container holder transporter including first and second container holder retainers (first and second push-out devices 9, hinged carrier flaps 10, fig. 1); a container holder press (depressor plate 11); and an egress support (conveyor system, fig. 1); retrieving a first group of containers from the plurality of containers (containers are retrieved in groups of three, fig. 1); simultaneously retrieving a first container holder adapted to be secured to the first group of containers from the container holder support surface of the apparatus and retrieving a second container holder adapted to be secured to the first group of containers from a plurality of container holders disposed in the magazine of the apparatus (the apparatus is operating continuously such that a first carrying strip is transported by contraction device 8 from side folder 3 simultaneously with a second carrying strip being extracted from the magazine by the extraction system 2, fig. 1); simultaneously depositing the first container holder onto the first group of containers and depositing the second container holder on the container holder support surface (the apparatus is operating continuously such that a first carrying strip is deposited by push-out devices 9 onto hinged carrier flaps 10 simultaneously with a second carrying strip being deposited onto side folder 3, fig. 1); and applying a downward force onto the first container holder to secure the first container holder to the first group of containers (applying force to the carrying strip with depressor plate 11 to secure the carrying strip to the containers, fig. 1).
With respect to claim 13, Granbakken et al. disclose the applying a downward force onto the first container holder is performed to separate the first container holder into first and second container holder portions such that the first container holder portion is secured to a first subgroup of the first group of containers and the second container holder portion is secured to a second subgroup of the first group of containers (a first portion of the carrying strip is secured to a first container, and a second portion of the carrying strip is secured to a second container, portions of the carrying strip are separated by pressing the point 4, col. 2, l. 62-65, fig. 1).
With respect to claim 14, Granbakken et al. disclose each container holder of the plurality of container holders defines a perforation (holes are pierced by point 4, col. 2, l. 62-65).
With respect to claim 15, Granbakken et al. disclose the perforation extends from one side of the container holder to an opposite side of the container holder (each carrying strip includes one hole for each bottle, extending along the length of the carrying strip, figs. 1, 2, col. 2, l. 62-65).
With respect to claim 16, Granbakken et al. disclose the container holder defines a plurality of container openings, each container opening of the plurality of container openings adapted to receive a container (holes for each bottle, col. 2, l. 62-65).
With respect to claim 17, Granbakken et al. disclose a first subgroup of the plurality of container openings is positioned on a first side of the perforation and a second subgroup of the plurality of container openings is positioned on a second, opposite side of the perforation (perforations produced by the point 4 in the center subgroup are between the container openings of first and second subgroups of containers and carrying strips, fig. 1).
With respect to claim 18, Granbakken et al. disclose the first subgroup of the plurality of container openings and the second subgroup of the plurality of container openings include the same number of container openings (each subgroup of container openings includes three container openings, fig. 1).
With respect to claim 19, Granbakken et al. disclose each container holder of the plurality of container holders comprises a non-plastic material (carrying strips are cardboard, col. 2, l. 54-59).
With respect to claim 20, Granbakken et al. disclose each container holder of the plurality of container holders comprises cardboard (carrying strips are cardboard, col. 2, l. 54-59).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Osteen (US Patent No. 4,503,657) discloses a container holder application device comprising applying multiple separable container holders.
Calvert et al. (US Patent No. 4,213,283) disclose a container holder application device comprising multiple container holder magazines.
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
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