DETAILED ACTION
Non-final Office 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 .
Reissue
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
This action is responsive to communications: The instant application filed July 30, 2024 which is a reissue of application 16/979,018 (U.S. Patent No. 11,399,565, published August 2, 2022).
Because the instant application was filed on or after September 16, 2012, the statutory provisions of the America Invents Act (“AIA ”) will govern this proceeding.
Claims 1-25 were published in US Patent 11,399,565. A preliminary amendment was filed concurrently with the application on July 30, 2024. By way of the preliminary amendment, new claims 26-39 were added. Therefore, claims 1-39 are currently pending in the application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference character 14 (closing means)
Reference character 20 (forming station)
Reference character 50 (inspection unit)
Reference character 100 (filling machine)
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
closing station that comprises at least one feed drum on which the plurality of closing devices is mounted (claim 1)
the further closing station comprises at least one of the at least one feed drum which, comprises a fixed cam and on which the plurality of closing devices are mounted...and which is engaged with the fixed cam in such a way that as the feed drum rotates, the cam is configured to cause a to-and-fro translational movement of the closing devices along a direction parallel to the main axes of extension of the succession of tubular wrappers as the tubular wrappers pass through the respective closing station (claim 3)
wherein the filling station comprises at least one feed drum which comprises a fixed cam and on which the plurality of filling devices are mounted, the filling devices each comprising a drive rod which is slidable in a respective linear guide and which is engaged with the fixed cam in such a way that as the feed drum rotates, the cam is configured to cause a to-and-fro translational movement of the filling devices along a direction parallel to the main axes of extension of the succession of tubular wrappers as the tubular wrappers pass through the filling station. (emphasis examiner)
wherein the applicator devices are configured to apply connecting strips to fix the closing elements stably to the tubular wrappers (Claim 13)
the second blocking portion being defined by an edge bead of the tubular wrapper (claim 17)
a forming unit disposed upstream of the filling unit and configured to make the succession of tubular wrappers (claim 19)
wherein the forming unit is configured to receive a continuous tubular rod fed to the forming unit and comprises a cutting device operating on the tubular rod to divide the continuous tubular rod into the succession of tubular wrappers (claim 20)
a forming beam configured to progressively wrap the web to define a continuous rod; a cutting device operating on the continuous rod to divide the continuous rod into the succession of tubular wrappers (claims 21 and 36)
an inspection unit which comprises at least one detector configured to detect at least one property of the tubular wrappers (claims 24 and 39)
at least one feed mechanism on which the plurality of closing devices is mounted (claim 26)
a rotary movement mechanism acting in conjunction with the closing devices to make the closing devices rotate about the main axis of extension so that the closing walls of the tubular wrappers are reinforced by the folding action imparted by the rotation (claim 30)
the forming unit is configured to receive a continuous tubular rod fed to the forming unit and comprises a cutting device operating on the tubular rod to divide the continuous tubular rod into the succession of tubular wrappers (claim 35)
a succession of connecting strips... a succession of connecting strips of wrapping material fed to the second feed drum;... and the succession of connecting strips fed to the rolling drum by the second drum such that each connecting strip is applied to a respective tubular segment arranged as a flag on the respective tubular segment; the rolling drum comprising a rolling bed configured to wrap each connecting strip round the respective tubular segment, thus making the succession of tubular wrappers (claim 37)
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.173(b)-(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. 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 1.173(b)-(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.
No new matter should be added.
Claims
The present reissue includes original claims 1-20. Independent claims 1, 19, 26 and 34 are reproduced below.
(Original) A filling unit for filling a succession of tubular wrappers of the tobacco industry, each of the tubular wrappers extending along a main axis of extension and internally defining a containment chamber adapted to contain a filling material of the tobacco industry, the unit comprising:
a filling station comprising a plurality of filling devices configured to insert the filling material into respective containment chambers of the succession of tubular wrappers through filling ends of the tubular wrappers;
a closing station disposed downstream of the filling station and comprising a plurality of closing devices configured to make respective closing walls which close the filling ends and which are transverse to the respective main axes of extension;
wherein the closing station comprises at least one feed drum on which the plurality of closing devices is mounted.
19. (Original) A filling machine of the tobacco industry, comprising:
the filling unit according to claim 1;
a forming unit disposed upstream of the filling unit and configured to make the succession of tubular wrappers.
26. (New) A filling unit for filling a succession of tubular wrappers of the tobacco industry, each of the tubular wrappers extending along a main axis of extension and internally defining a containment chamber adapted to contain a filling material of the tobacco industry, the unit comprising:
a filling station comprising a plurality of filling devices configured to insert the filling material into respective containment chambers of the succession of tubular wrappers through filling ends of the tubular wrappers;
a closing station disposed downstream of the filling station and comprising a plurality of closing devices configured to make respective closing walls which close the filling ends and which are transverse to the respective main axes of extension;
wherein the closing station comprises at least one feed mechanism on which the plurality of closing devices is mounted; the closing station being configured to fold respective filling or blocking ends of the succession of tubular wrappers to make respective closing walls.
34. (New) A filling machine of the tobacco industry, comprising:
the filling unit according to claim 26;
a forming unit disposed upstream of the filling unit and configured to make the succession of tubular wrappers.
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 2, 3, 5-18, 23 and 26-39 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.
With respect to claim 2, the recitation “respective blocking ends” lacks antecedent basis, as claim 1 does not mention “blocking ends”. Claim 3 depends on claim 2 and is rejected for the same reason.
With respect to claim 5, the recitation “or blocking ends” lacks antecedent basis, as claim 1 does not mention “blocking ends”. Claims 6-10, 14 and 16 also mention “or blocking ends” and are rejected for the same reason. Claims 11-13, 15 and 18 depend on claims 10, 8 and 15, respectively, and are rejected for the same reason.
With respect to claim 8, “the further closing station” lacks antecedent basis as the “further closing station” was first mentioned in claim 2, and claim 8 does not depend on claim 2.
With respect to claim 23, the recitation “the blocking end” lacks antecedent basis, as claim 19 does not mention a “blocking end”.
With respect to claim 26, the recitation “or blocking ends” lacks antecedent basis, as claim 26 does not mention “blocking ends”. Claims 27 and 28 also mention “or blocking ends” and are rejected for the same reason. Claim 29 mentions “the blocking end” and lacks antecedent basis.
Claim 38 mentions “the blocking end” and lacks antecedent basis.
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.
Claim(s) 1, 5, 6, 19, 20, 26, 27, 29, 31, 32, 34 and 35 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CH 407,856 to Barraclough (Barraclough).
With respect to claim 1, Barraclough teaches:
A filling unit (See figure 7) for filling a succession of tubular wrappers 11, each of the tubular wrappers extending along a main axis of extension (See figures 1-5) and internally defining a containment chamber (See figures 1-5), the unit comprising:
a filling station F,G,H (Figure 7) comprising a plurality of filling devices 167 configured to insert the filling material into respective containment chambers of the succession of tubular wrappers through filling ends of the tubular wrappers (See English translation, page 7: “At this work station F... The filling nozzle 167 is guided on a swivel lever 168 and on a further swivel lever 169, the swivel lever 169 being moved by a bumper 170 by a cam 171 which is mounted on the shaft 166. After the filling nozzle 167 has been introduced into the container mouth , the suction plate 160 is pushed hack in order close the container mouth around the nozzle 167 and to prevent the promise of goods filled through the nozzle info the container... The container than arrives at work stations G and H, which are equipped and work in the same way as work station F, so that further explanations are unnecessary.”;
a closing station J, K (See Figure 7) disposed downstream of the filling station and comprising a plurality of closing devices 41,42,45 configured to make respective closing walls which close the filling ends and which are transverse to the respective main axes of extension (See figures 10, 28-31 and 36);
wherein the closing station comprises at least one feed drum 28 (Figure 7) on which the plurality of closing devices is mounted.
With respect to the limitations that the wrappers are “of the tobacco industry” and the containment chamber is “adapted to contain a filling material of the tobacco industry”, such are considered intended use. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
With respect to claim 5, Barraclough teaches wherein the closing station is configured to fold respective filling or blocking ends of the succession of tubular wrappers in such a way as to make the respective closing walls (See figures 10, 28-31 and 36).
With respect to claim 6, Barraclough teaches wherein the plurality of closing devices comprises a plurality of forming devices 45 configured to apply on respective filling or blocking ends a pressure whereby end portions of the respective ends are mechanically deformed in such a way as to make the respective closing walls (See figures 10, 28-31 and 36).
With respect to claim 19, Barraclough teaches:
A filling machine of the tobacco industry, comprising:
the filling unit according to claim 1 (as explained above);
a forming unit (at position A in figure 7. See figure 12 and page 5 of the English translation, last 3 paragraphs) disposed upstream of the filling unit and configured to make the succession of tubular wrappers.
With respect to claim 20, Barraclough teaches wherein the forming unit is configured to receive a continuous tubular rod fed to the forming unit and comprises a cutting device 61,61a (figure 12) operating on the tubular rod to divide the continuous tubular rod into the succession of tubular wrappers.
With respect to claim 26, Barraclough teaches
A filling unit (See figure 7) for filling a succession of tubular wrappers 11 of the tobacco industry, each of the tubular wrappers extending along a main axis of extension (See figures 1-5) and internally defining a containment chamber (See figures 1-5), the unit comprising:
a filling station F,G,H (Figure 7) comprising a plurality of filling devices 167 configured to insert the filling material into respective containment chambers of the succession of tubular wrappers through filling ends of the tubular wrappers (See English translation, page 7, as explained above);
a closing station J, K (See Figure 7) disposed downstream of the filling station and comprising a plurality of closing devices 41,42,45 configured to make respective closing walls which close the filling ends and which are transverse to the respective main axes of extension (See figures 10, 28-31 and 36);
wherein the closing station comprises at least one feed mechanism 28 on which the plurality of closing devices is mounted; the closing station being configured to fold respective filling or blocking ends of the succession of tubular wrappers to make respective closing walls (See figures 10, 28-31 and 36).
With respect to the limitations that the wrappers are “of the tobacco industry” and the containment chamber is “adapted to contain a filling material of the tobacco industry”, such are considered intended use. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ibid.
With respect to claim 27, Barraclough teaches wherein the plurality of closing devices comprises a plurality of forming devices 45 configured to apply on respective filling or blocking ends a pressure whereby end portions of the respective ends are mechanically deformed to make the respective closing walls (See figures 10, 28-31 and 36).
With respect to claim 29, Barraclough teaches wherein the closing station is configured to fold the filling end and the blocking end of the tubular wrapper, respectively, thereby making the respective closing walls which are transverse to the main axis of extension (See figures 10, 28-31 and 36).
With respect to claim 31, Barraclough teaches wherein the filling devices are configured to release loose or gel material, as this is merely the intended use of the claimed apparatus. Also, for the claimed structure to be “configured” to do something, is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138.
With respect to claim 32, Barraclough teaches wherein the filling devices 167 are configured to release the filling material from above into the containment chambers of the succession of tubular wrappers while the tubular wrappers are arranged in a vertical orientation with the filling ends facing upwards (See figure 25).
With respect to claim 34, Barraclough teaches:
A filling machine of the tobacco industry, comprising:
the filling unit according to claim 26 (as explained above);
a forming unit (at position A in figure 7. See figure 12 and page 5 of the English translation, last 3 paragraphs) disposed upstream of the filling unit and configured to make the succession of tubular wrappers.
With respect to claim 35, Barraclough teaches wherein the forming unit is configured to receive a continuous tubular rod fed to the forming unit and comprises a cutting device 61,61a (figure 12) operating on the tubular rod to divide the continuous tubular rod into the succession of tubular wrappers.
Allowable Subject Matter
Claims 4, 21, 22, 24 and 25 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.
Claims 2, 3, 7-18, 23, 28, 30, 33 and 36-39 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 11,399,565 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely appraise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The US publications to Eposti et al., and Ghiotti et al. show the current state of the art in tobacco filling machines and are all from the same assignee. The PCT publication to Ghiotti also is from the same Assignee. German publication to Pinkham shows a tobacco filling machine having a filling station (Ca. 30 and like elements) and a closing station (ca. 66,68). The US publication to Simpson et al. shows a crimper for smokeless tobacco, but is not prior art.
Telephone Numbers for reexamination inquiries:
Central Reexam Unit (CRU) (571) 272-7705Reexamination Facsimile Transmission No. (571) 273-9900
Future Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRENCE R TILL whose telephone number is (571)272-1280. The examiner can normally be reached on Monday through Thursday and every other Friday 6:45-4:15 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia Engle can be reached on 571-272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-9900.
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By Patent Center:
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By U.S. Postal Service Mail to:
Mail Stop Ex Parte Reexam
ATTN: Central Reexamination Unit
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/TERRENCE R TILL/Reexamination Specialist, Art Unit 3993
Conferees: /WILLIAM E DONDERO/ /Patricia L Engle/
William E. Dondero Patricia L. Engle
Reexam Specialist Supervisory Reexam Specialist
AU 3993 AU 3993
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