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 .
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.
Claim(s) 1, 2, and 6-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aganovic et al. (U.S. Patent No. 9,764,526).
Regarding claim 1: Aganovic discloses a system comprising:
a carton blank dispensing device that holds a carton blank (Fig. 18; via hopper station 906);
one or more carton moving devices that move the carton blank from the carton blank dispensing device (Figs. 19-26; via the shown conveying mechanism of the blanks) and positions the carton blank between a plunger and a forming well (Fig. 35; via the shown compression station 958 with plunger 1100 and its uprights plates 1120 & 1122 and the formed well by surrounding side panel plows 1102);
the forming well including a floor, one or more walls, and an opening, see for example (Fig. 33; via the shown base of plunger 100);
the plunger configured to move between a retracted position and one or more extended positions, the plunger contacting a top surface of the carton blank and pushing the carton blank into the forming well through the opening of the forming well (Figs. 35-37; via the movement of plunger 1100 toward the blank and pushing the blank on the formed well of plows 1102), the one or more extended positions including a first extended position and a second extended position, see for example (Figs. 35-37; the shown traveled distances of plunger 1100 and/or the adjustable stop in the compression station 958 “Compression station 958 can include an adjustable stop (not shown)…define a plunger opening 1110”); and
a set of forming guides positioned proximate to the opening of the forming well (via 1102), the set of forming guides contacting one or more points on a bottom surface of the carton blank when it is pushed by the plunger, the bottom surface opposing the top surface of the carton blank, see for example (Figs 32-36; via the shown movement and operation of pressing of plunger 1100 toward the blank through the opening), the set of forming guides including a first forming guide and a second forming guide (Fig. 34; via 1102 and 1104)
a first movement of the plunger to a first extended position causing a first side of the carton blank to fold, a second movement of the plunger from the first extended position to a second extended position causing a second side of the carton blank to fold, see for example (Figs. 35-37; via the shown movements of plunger 1100 toward the blank to fold and shape its sides into a container); further, intended use limitations of the actual “plunger” not given much patentable weight.
Aganovic does not disclose that the first top most contact point of the first forming guide having a different height than a second top-most contact point of the second forming guide. However, the office takes an official notice that making parts adjustable and in different sizes is only a matter of design choice to be made, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stvens, 101 USPQ 284.
Regarding claim 2: wherein the carton blank dispensing device includes: a magazine holding a plurality of carton blanks (Figs. 18-20; via hopper station 906), each of the plurality of carton blanks including a flat sheet of material with a plurality of cuts along a periphery of the flat sheet of material (Figs. 1-5; via the shown blank sheet with cuts).
Regarding claim 6: wherein the plunger includes: an actuator that moves the plunger between the retracted position and the one or more extended positions (via drive system 970 and/or vertical actuator 1124); a bottom plate that applies a force to the top surface of the carton blank (Fig. 35; via the shown bottom surface holding the upright plates 1120/1122); and a side pusher that allows compression of one or more side walls of a carton formed by the carton blank while the formed carton is in the forming well (via 1102/1140).
Regarding claim 7: wherein the set of forming guides includes: a plurality of forming guides positioned proximate to the opening of the forming well, the plurality of forming guides contacting a plurality of points on the bottom surface of the carton blank (via plows 1102, 1104, and/or 1140).
Regarding claim 8: wherein: the plurality of forming guides are positioned at a plurality of heights above the floor of the forming well to contact the plurality of points at different vertical positions as the plunger moves from the retracted position to the one or more extended positions, the plunger pushing the top surface of the carton blank through the opening of the forming well, see for example (Figs. 34-36; via plows 1102/1104 contacting different points of the plunger and blank).
Regarding claim 9: wherein the one or more extended positions of the plunger include: a first extended position causing the bottom surface of the carton blank to contact a first forming guide and causing a first fold in the carton blank; and a second extended position causing the bottom surface of the carton blank to contact a second forming guide and causing a second fold in the carton blank, see for example (Figs. 34-36; via the movements and pushing down plunger 1100 against the blank to be shaped by plows 1102/1104).
Regarding claim 10: wherein: the plurality of forming guides have adjustable positions to allow the plurality of forming guides to fold different sized cartons using different configurations of carton blanks, see for example (“Control system 918 is also configured to automatically adjust positions of arms… machine 900 will automatically adjust its forming elements for the various containers”).
Regarding claim 11: further comprising: a pusher including a horizontally movable member that pushes a formed box out of the forming well, the formed box including the carton blank with one or more folds and an adhesive (via pushers 1106 or 1080 or 974; what is the “pusher” used for is an intended use limitation, which not given much patentable weight).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 6-11 have been considered but are moot because the new ground of rejection does not rely sole on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
As set forth above and in response to applicant’s arguments that the applied art of Aganovic ‘526 does not suggest the amended and added new limitations referring to a first and second top contact points of the guide to have different heights, is nothing more than a design choice to be made. It is been noted that making parts adjustable and in different sizes is only a matter of design choice to be made, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stvens, 101 USPQ 284.
Further, what the plunger is used for and “causing” the carton blank to be folded is nothing more than an intended use of the actual “plunger”, which not given much patentable weight. It is noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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 SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731