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 § 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticiapted by Saccardi
et al. (US Pub. No.: 2017/0313461 A1) (hereinafter Saccardi).
Regarding claim 8, Saccardi anticipates A fault detection system for a labelling system (a an automatic device 1 for a labelling unit 2; ¶0055-0056), the labelling system including a storage unit (a supporting unit 4 for supporting reels of web with self-adhesive labels; ¶0057), a buffering device (rollers 34 and 35 which control the path length and feed speed of the webs of labels; Figs. 34, 35; ¶0076-0077), and a label applicator (the labelling unit 2; ¶0055), the labelling system being configured to move a label material along a conveying path from the storage unit through the buffering device and to the label applicator, the label applicator being configured to apply the label material to a plurality of containers (webs 10, 13 of self-adhesive labels conveyed on a main path from the supporting unit, through the rollers 34, 35 and to the labelling unit 2 from an outfeed roller 12, the labelling unit 2 configured to apply the self-adhesive labels, which could be applied to containers; Figs. 1, 33, 34, 35; ¶0055- 0056, 0062, ¶0087) , the storage unit including a first carrier configured to receive a first reel supporting the label material (a first reel 11 on a first support 6, Fig. 2; ¶0056-0059), a second carrier configured to receive a second reel supporting the label material (a second reel 14 on a second support 6; Fig. 2; ¶0056-0058, ¶0060), and a joining device configured to couple the label material of the first reel to the label material of the second reel (a joining unit 3 for joining webs 10, 13 of reels 11, 14; ¶0056, ¶0063), the fault detection system comprising: a sensor configured to detect whether the label material is present in a detection zone of the conveying path (a sensor 45 for detecting the end of the reel 11 on the feed path; Fig. 33; ¶0088); and a clamp assembly configured to clamp the label material to prevent the label material from travelling along the conveying path in response to the sensor detecting that the label material is not present in the detection zone of the conveying path (consequently; the first roller (34) and second roller (35) are moved to proximal position and clamp between them the first web (10); a cutting element 27 includes a stop element 29 attached to a pressure element 26 and a detacher 39 includes a contact element 30 brought into contact to retain the web 10 between them, thereby forming the cusp and stopping the end 17 from continuing down the main feed path; Figs. 18, 20; ¶ 0071-¶0073, ¶0083, ¶0094-¶0095).
Regarding claim 9, Saccardi anticipates the sensor is configured to be positioned adjacent the joining device (the sensor 45 upstream and adjacent to the joining unit 3; Fig. 33).
Regarding claim 10, Saccardi anticipates the clamp assembly includes a first clamp bar arranged in facing relationship with a second clamp bar, and wherein the first clamp bar is configured to move between a clamped position proximate the second clamp bar and an unclamped position distant from the second clamp bar (the contact of the detacher 39 comprising a bar, the stop 29 comprising an L shaped profile on the pressure element 26, the pressure element 26 rotated such that the stop 29 is brought into contact with the contact 30; Figs. 4, 6, 10, 14, 18, 20, 24, 26; ¶ 0068, ¶0072, ¶0092, ¶0093).
Regarding claim 11, Saccardi anticipates wherein the clamp assembly further includes a bracket configured to support the first clamp bar and the second clamp bar on the storage unit (a supporting structure 5 supporting the whole of the joining unit, including stop 29 and contact 30, on the supporting unit 4; Fig. 33; ¶0063).
Regarding claim 12, Saccardi anticipates the clamp assembly further includes an actuator configured to move the first clamp bar between the clamped position and the unclamped position (a linear actuator 44 moving a toothed sector 32 to rotate a toothed sector 31 on the end of the pressure element 26, thereby rotating the stop 29 into contact with the contact 30; Fig. 23; ¶0093, ¶0095).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saccardi as applied to claims 8-12 above, and further in view of Hammett (US Pat. No.: 4,628,499).
Regarding claim 13, the limitations of claim 8 are taught by Saccardi as cited above. Saccardi is silent about limitations of claim 13.
Hammett also discloses a fault detection system. The system teaches a liner servoactuator (abstract), wherein the actuator includes a solenoid valve assembly (a pneumatic cylinder linear actuator driven by a solenoid valve; Col 4, Ln 42-23). The benefit of doing so would have been to provide a compact and low cost servoactuator.
Given the wealth of knowledge it would have been obvious to a person of ordinary skill in the art to utilize servoactuator as taught by Hammett within the apparatus as taught by Saccardi. The benefit of doing so would have been to provide a compact and low cost servoactuator.
Response to Arguments
Applicant's arguments filed 05/01/2026 have been fully considered but they are not persuasive.
Argument:
The applicant argues sensor (45) is associated with the movement of rollers 34, 35, which, when in the proximal position, clamp web (10) to be able to drag it, i. e., ‘controlled feeding means’. The applicant further argues Saccardi fails to teach each and every feature of claim 8.
Response:
The examiner respectfully disagrees. Saccardi discloses when the first reel 11 ends and the final edge of the first web (10) passes beyond the sensor (45), the sensor sends the signal to the control unit which activates the second linear actuator 44, which extends and moves the rocker arm 43 into the second position (FIGS. 11 to 14 and 35); consequently: the first roller 34 and the second roller 35 move to the proximal position and clamp between them the first web 10 (¶0088-¶0090). Thus, the clamp assembly configured to clamp the first web (10) to prevent the label from travelling along the conveying path in response to the sensor (45) detecting that first web (10) is not present in the detection zone of the conveying path.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/VISHAL I PATEL/Primary Examiner, Art Unit 1746
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