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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 8/17/2023. It is noted, however, that applicant has not filed a certified copy of the "DE102023122016.0" application as required by 37 CFR 1.55.
Response to Amendment
Applicant’s amendment filed 11/11/2025 has been entered.
Claims 1, 3-9 and 11-13 remain pending.
Claim Objections
Claims 1, 3, 6, 9 and 11 are objected to because of the following informalities:
-Claim 1, lines 9-10, “a group of articles” should instead be “the group of articles”.
-Claim 1, line 18, “the horizontal conveyor 5” should instead be “the at least one horizontal conveyor (5)”.
-Claim 3, lines 5-6, “the end region” should instead be “an end region”.
-Claim 6, lines 2-3, “which steering apparatus (47)” would be better recited “wherein the steering apparatus (47)”.
-Claim 9, line 8, “pieces of cut packaging film” would be better recited as “a piece of cut packaging film”.
-Claim 9, lines 9-10, “a group of articles” should instead be “the group of articles”.
-Claim 9, line 10, “a piece of cut packaging film” would be better recited as “the piece of cut packaging film”.
-Claim 9, line 17, “the wrapping rod” would be better recited as “a wrapping rod”.
-Claim 9, line 21, “the horizontal conveyor 5” should instead be “the at least one horizontal conveyor (5)”.
-Claim 11, lines 5-6, “the end region” should instead be “an end region”.
- Appropriate correction is required.
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 1, 3-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hiraishi (JP 2008114927A- cited in IDS and see English translation previously submitted with copy of document on 8/15/2025 for paragraph numbering referenced below), in view of Koch (EP 3336000 A1-see previously attached PDF for English translation and paragraph numbering referenced below).
Regarding Claim 1, Hiraishi discloses a device (Figure 1) for applying packaging film (film 1) to groups of articles (2), comprising:
at least one horizontal conveyor (10, 11) that transports groups of articles (2), wherein the at least one horizontal conveyor (10, 11) comprises a first transport apparatus (10) and a second transport apparatus (11), wherein the second transport apparatus (11) follows the first transport apparatus (10) in a transport direction (as shown) and wherein a gap (as shown) is formed between the first transport apparatus (10) and the second transport apparatus (11; Para. 0039),
a feed apparatus (65) adapted to introduce pieces of cut packaging film (1) through the gap and into a transport path of the groups of articles (2) such that a group of articles (2) moves onto a portion of a piece of cut packaging film (1) and a remaining free portion of each piece of cut packaging film (1) remains free from the group of articles (2; As shown in Figure 5; Paras. 0012, 0038-0039, 0064), and
a plurality of wrapping rods (45) which are moved in a rotary fashion (along track 46) so that the plurality of wrapping rods (45) take up and guide the remaining free portion of each piece of cut packaging film (1) around the group of articles (2; Para. 0065-0067),
a flow generating apparatus (130) having at least one nozzle (130) configured to generate an air flow and located below a transport plane formed by the at least one horizontal conveyor (10, 11 as shown; see Paras. 0050-0051, 064).
However, Hiraishi does not readily disclose the at least one nozzle of the flow generating apparatus (130) includes at least one first nozzle and at least one second nozzle below the transport plane, through each of which at least one air flow can be delivered.
Attention can be readily brought to Koch which includes another device (10; Figures 1A-1B) for applying a film (16) to a group of articles (20), wherein the device comprises two air flow generators (26 including air openings 32) on both sides of the film (16; Para. 0045; note also Para. 0041 which outlines air flows 28 on top and/or bottom; note that comprising such air flow generators on both sides will readily act on the broad sides of the film as claimed).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included multiple flow generating nozzles on both sides of the film of Hiraishi as taught by Koch. By modifying Hiraishi in this manner, the film conveyance can be further controlled and the risk of forming, bending, or turning over of the film edges and be reduced as taught by Koch (Para. 0044).
Regarding Claim 3, Hiraishi, as modified, discloses each of the at least one first nozzle (130) and the at least one second nozzle (taught by Koch) deliver at least one air flow (see Para. 0050, 0051, 0064 of Hiraishi and Paras. 0045, 0041 of Koch), wherein:
each of the at least one air flow is directed with its main flow direction toward an end region of the second transport apparatus (11 of Hiraishi) arranged in the region of the gap (between 10, 11 of Hiraishi; see Para. 0041, 0045 of Koch),
the at least one air flow delivered by the at least one first nozzle (130 of Hiraishi) impinges on a first broad side surface of the remaining free portion of the piece of cut packaging film (1) which has already been taken up by a wrapping rod (45; Figure 5; Para. 0050, 0051, 0064),
the at least one air flow delivered by the at least one second nozzle (26 including air openings 32 of Koch) impinges on a second broad side surface of the remaining free portion of the piece of cut packaging film (16 of Koch) which has already been taken up by a wrapping rod which second broad side surface is opposite the first broad side surface (see Paras. 0041, 0045 of Koch).
Regarding Claim 4, Hiraishi, as modified, discloses several features of the claimed invention but does not readily disclose the flow generating apparatus (130 as modified) comprises a first tube which forms the at least one first nozzle or wherein the flow generating apparatus comprises a second tube which forms the at least one second nozzle. Again Koch teaches a flow generating apparatus (26) comprise tubes (formed in blowing bar 40 as shown; Figures 3A-3D) which forms the at least one nozzles (32 via 42; Para. 0049). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized such tubular configurations as taught by Koch to form the nozzles incorporated into Hiraishi outlined above as use of such elongated shapes allows the air flow to act across the width of film.
Regarding Claim 5, Hiraishi, as modified, discloses the flow generating apparatus (130) comprises at least one flow baffle (surface 30 of Koch) which deflects the air flow (28 of Koch) delivered by the at least one first nozzle (130 of Hiraishi as modified; see Para. 0041).
Regarding Claim 6, Hiraishi, as modified, discloses the feed apparatus (65) comprises a steering apparatus (conveyor 35, 36) for guiding pieces of cut packaging film (1), which steering apparatus (35, 36) forms a surface which is curved at least in portions and across which an airflow passes (around 36), and along which steering apparatus (35, 36) each piece of cut packaging film (1) is moved before it reaches the flow generating apparatus (130; Paras. 0038-0039, 0048-0050).
Regarding Claim 7, Hiraishi, as modified, discloses a control apparatus used to control the flow generating apparatus (130) for intermittently generating the at least one air flow (note that although no control apparatus is explicitly disclosed, some form of control must be implemented to turn the air flow on and off such as an on/off valve or merely an air pump on/off switch).
Regarding Claim 8, Hiraishi, as modified, discloses wherein the feed apparatus (65) is adapted to introduce pieces of a thermoplastic packaging film (shrink film per Para. 0036; see Para. 0054).
Regarding Claim 9, Hiraishi discloses a method for applying packaging film (1; Figure 1) to groups of articles (2), comprising:
moving groups of articles (2) with at least one horizontal conveyor (10, 11; Para. 0038), wherein the at least one horizontal conveyor (10, 11) comprises a first transport apparatus (10) and a second transport apparatus (11), wherein the second transport apparatus (11) follows the first transport apparatus (10) in a transport direction (as shown), and wherein a gap is formed between the first transport apparatus (10) and the second transport apparatus (11);
introducing, with a feed apparatus (65), pieces of cut packaging film (1) through the gap and into a transport path of the groups of articles (2) wherein a group of articles (2) moves onto a portion of a piece of cut packaging film (1) wherein a remaining free portion of the piece of cut packaging film (1) remains free from the group of articles (2; Para. 0064);
proving a plurality of wrapping rods (45), each wrapping rod (45) receiving the remaining free portion of the piece of cut packaging film (1) and guiding it around the group of articles (2; Para. 0065-0067), and
blowing (via 130) the remaining free portion (“freed portion”; Para. 0064) of the piece of cut packaging film (1) which has already been taken up by a wrapping rod (45; as shown in Figure 5) toward the group of articles (2) by at least one air flow provided by a flow generating apparatus (130) including at least one first nozzle (130) located below a transport plane formed by the at least one horizontal conveyor (10, 11; Para. 0050, 0051, 0064).
However, Hiraishi does not readily disclose the at least one nozzle of the flow generating apparatus (130) includes at least one first nozzle and at least one second nozzle below the transport plane, through each of which at least one air flow can be delivered.
Attention can be readily brought to Koch which includes another device (10; Figures 1A-1B) for applying a film (16) to a group of articles (20), wherein the device comprises two air flow generators (26 including air openings 32) on both sides of the film (16; Para. 0045; note also Para. 0041 which outlines air flows 28 on top and/or bottom; note that comprising such air flow generators on both sides will readily act on the broad sides of the film as claimed).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included multiple flow generating nozzles on both sides of the film of Hiraishi as taught by Koch. By modifying Hiraishi in this manner, the film conveyance can be further controlled and the risk of forming, bending, or turning over of the film edges and be reduced as taught by Koch (Para. 0044).
Regarding Claim 11, Hiraishi, as modified, discloses each of the at least one first nozzle (130) and the at least one second nozzle (taught by Koch) deliver at least one air flow (see Para. 0050, 0051, 0064 of Hiraishi and Paras. 0045, 0041 of Koch), wherein:
each of the at least one air flow is directed with its main flow direction toward an end region of the second transport apparatus (11 of Hiraishi) arranged in the region of the gap (between 10, 11 of Hiraishi; see Para. 0041, 0045 of Koch),
the at least one air flow delivered by the at least one first nozzle (130 of Hiraishi) impinges on a first broad side surface of the remaining free portion of the piece of cut packaging film (1) which has already been taken up by a wrapping rod (45; Figure 5; Para. 0050, 0051, 0064 of Hiraishi),
the at least one air flow delivered by the at least one second nozzle (26 including air openings 32 of Koch) impinges on a second broad side surface of the remaining free portion of the piece of cut packaging film (16 of Koch) which has already been taken up by a wrapping rod which second broad side surface is opposite the first broad side surface (see Paras. 0041, 0045 of Koch).
Regarding Claim 12, Hiraishi, as modified, discloses the flow generating apparatus (130) comprises at least one flow baffle (surface 30 of Koch) which deflects the air flow (28 of Koch) delivered by the at least one first nozzle (130 of Hiraishi as modified; see Para. 0041).
Regarding Claim 13, Hiraishi, as modified, discloses the feed apparatus (65) comprises a steering apparatus (conveyor 35, 36) for guiding pieces of cut packaging film (1), which steering apparatus (35, 36) forms a surface which is curved at least in portions and across which an airflow passes (around 36), and along which steering apparatus (35, 36) each piece of cut packaging film (1) is moved before it reaches the flow generating apparatus (130; Paras. 0038-0039, 0048-0050).
Response to Arguments
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive.
-With respect to Applicant’s arguments pertaining to the 102 rejection over Hiraishi, Examiner notes that Hiraishi is not relied upon for the claimed second nozzle and instead relies upon Koch to teach two nozzles located below the transport plane as outlined above.
In response to Applicant’s arguments pertaining to the 103 rejection over Hiraishi, in view of Koch that:
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Examiner respectfully asserts that:
(1) Koch clearly teaches the alternative of two air flow devices (one from above the film and one from below) to form air cushions on both sides of the film as Para. 0041 of the translation recites “the steering device 26 can form an air cushion between the curved surface 30 and the respective film underside and/or top side by means of the flow of air”, therefore, the “and/or” is clearly at least implying an air flow on both sides of the film and further Para. 0045 explicitly recites “two such steering devices 26 can also be provided above and below the conveying path for the film sections 16 (variant not shown), between which the film sections 16 are conveyed in the conveying direction 24 before they are grasped by the gripper of the film wrapping module 18”. This clearly is teaching two such air flow devices located below the transport plane as claimed.
(2) Whether the option of two such air flow devices is taught as being preferred by Koch or not does not preclude one from being motivated to incorporate such a teaching into the system of Hiraishi.
(3) In response to Applicant's argument that there is no suggestion to combine the references, the Examiner recognizes that references cannot be arbitrarily combined and that there must be some reason why one skilled in the art would be motivated to make the proposed combination of primary and secondary references. In re Nomiya, 184 USPQ 601 (CCPA 1915). However, there is no requirement that a motivation to make the modification be expressly articulated. The test for combining references is what the combination of disclosures take as a whole would suggest to one of ordinary skill in the art. In re McLaughlin, 110 USPQ 209 (CCVA 1971). References are evaluated by what they suggest to one versed in the art, rather than by their specific disclosures. In re Bozek, 163 USPQ 545 (CCPA. 1969).
In this case, as outlined above, Koch teaches an option of utilizing two nozzles/ flow devices such that one is on each side of the film and one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to have included multiple flow generating nozzles on both sides of the film of Hiraishi as taught by Koch. Such that the film conveyance can be further controlled and the risk of forming, bending, or turning over of the film edges and be reduced as taught by Koch (Para. 0044). Incorporation of nozzles on both sides furthers these advantages.
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 JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 1/13/2026