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 .
This Office Action is in response to the applicant’s response to election filing on 09/26/2025.
Applicant’s cancelation of claims 3-8 and 13-14 is acknowledged and require no further examining. Claim 9 is withdrawn for being drawn to a non-elected species. Claims 1-2, 10-12, and 15-28 are pending and examined below.
Election/Restrictions
Applicant’s election without traverse of Species 5, the embodiment shown in Figures 27-28, in the reply filed on 09/26/2025 is acknowledged.
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/26/2025.
Claim 9 pertain to a clamping unit that comprises an operating part that engages with the single body to form an annular shape which is drawn to the non-elected Species 3, the embodiment shown in Figures 11-18. Elected Species 5, the embodiment shown in Figures 27-28, does not show an operating part nor show the clamping unit engaging the single body to form an annular shape.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-2, 10-12, and 15-28 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the phrase “with the movement track for moving on it” renders claim 1 vague and indefinite because it is unclear what “it” represents. Prior to the quoted phrase, many elements are disclosed. It is unclear what element the term “it” is referring to. For examining purposes, the phrase is interpreted as “with the movement track for moving the movement track”.
Regarding claim 1, the phrase “couples to the supporting unit to define with it” also renders claim 1 vague and indefinite because it is unclear what “it” represents. Prior to the quoted phrase, many elements are disclosed. It is unclear what element the term “it” is referring to. For examining purposes, the phrase is interpreted as “couple to the supporting unit to define with the supporting unit”.
Regarding claim 11, the phrase “a raised position in which it allows” renders claim 11 vague and indefinite because it is unclear what “it” represents. Prior to the quoted phase, many elements are disclosed. It is unclear what element the term “it” is referring to. For examining purposes, the phrase is interpreted as “a raised position in which the movement track allows”.
Regarding claim 15, the phrase “installed along which there are” renders claim 15 vague and indefinite because it is unclear what element is considered installed along. It is unclear if the apparatus is installed along the forward movement track or the other processing stations. For examining purposes, the phrase is interpreted as “installed along, wherein there is”.
Regarding claim 18, the phrase “a raised position in which it allows” renders claim 18 vague and indefinite because it is unclear what “it” represents. Prior to the quoted phase, many elements are disclosed. It is unclear what element the term “it” is referring to. For examining purposes, the phrase is interpreted as “a raised position in which the movement track allows”.
Regarding claim 21, the phrase “a raised position in which it allows” renders claim 21 vague and indefinite because it is unclear what “it” represents. Prior to the quoted phase, many elements are disclosed. It is unclear what element the term “it” is referring to. For examining purposes, the phrase is interpreted as “a raised position in which the movement track allows”.
Claims 2, 10, 12, 16-17, 19-20, and 22-28 are dependent of claim 1 and include all the same limitations.
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 1-2, 10, 12, 16-17, 19-20, 22, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over reference Lang et al. (10,144,539) in view of reference Jacobs et al. (9,008,831).
Regarding claim 1, Lang et al. disclose an apparatus (2) for heat-sealing a lidding film (100) to each of a plurality of supporting elements (7) on each of which a product is present, the apparatus (1) comprising:
a structure (see figure 1 below);
a movement track (5, 8) which is fitted on the structure (see figure 1 below),
wherein the movement track (5, 8) extends between an infeed zone (4) and an outfeed zone (3) and which defines a plane;
a head-sealing device (9) which is fitted on the structure (see figure 1 below) along the movement track (5, 8),
wherein the head-sealing device (9) comprises a supporting unit (11) and a closing unit (10), and
wherein at least one of the supporting unit (11) and the closing unit (10) being movable, relative to each other, between a home position (Figure 2), in which the supporting unit (11) and the closing unit (10) are at a distance from each other, and an operating position (Figure 4), in which the supporting unit (11) and the closing unit (10) are coupled to simultaneously clamp, in use, the lidding film (100) and the plurality of supporting elements (7);
a conveying unit (6) configured to support the supporting elements (7),
wherein the conveying unit (6) is movable on the movement track (5, 8),
wherein the conveying unit (6) conveys the supporting elements (7) from the infeed zone (4) to an intermediate zone, at which the heat-sealing device (9) is located, and form the intermediate zone to the outfeed zone (3),
wherein the conveying unit (6) comprises:
at least two shuttles (37) which are movable over the plane; and
a single body (29) which is supported by the at least two shuttles (37),
wherein the single body (29) defines a plurality of seats (30), and
wherein, when the conveying unit (6) is located in the intermediate zone, during an activation of the heat-sealing device (9), the single body (29) couples to the supporting unit (11) to define a clamping unit for clamping the supporting elements (7) against the closing unit (10).
(Figures 1-4, 10 and Column 13 lines 45-52, 60-63, Column 14 lines 11-18, 23-26, 30-34, Column 17 lines 7-11, 26-28, 41-45)
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However, Lang et al. do not disclose the movement track defines a gliding plane with electromagnetic coils situated below the gliding plane, and do not disclose the conveying unit comprises at least two magnetic shuttles.
Jacobs et al. disclose a system (100) comprising: a movement track (102 defining a gliding plane (104); and a plurality of conveying units (114), wherein the movement track includes electromagnetic coils (112) situated below the gliding plane (104), wherein the conveying units (114) includes at least one or more magnets (126) which are movable over the gliding plane (104) by powering each electromagnetic coil (112) in a controlled way. (Figures 1, 2, 4 and Column 4 lines 49-61, Column 4 lines 66-67 through Column 5 lines 1-6)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the apparatus of Lang et al. by incorporating the electromagnetic coils and magnets as taught by Jacobs et al., since column 1 lines 41-45 of Jacobs et al. states such a modification would allow the speed of the conveying units to be adjustable.
Lang et al. disclose the conveying unit comprises two shuttles that movable on the movement track. When modifying Lang et al. in view of Jacobs et al., the conveying unit is interpreted to comprise two magnetic shuttles.
Regrading claim 2, Lang et al. modified by Jacobs et al. disclose the movement track (Lang et al. – 5, 8) is a planar motor conveyor plane. (Lang et al. – Figure 1 and Column 13 lines 48-56) (Jacobs et al. – Figure 1 and Column 4 lines 49-52)
Regarding claim 10, Lang et al. modified by Jacobs et al. disclose, at the intermediate zone, at least one the supporting unit (Lang et al. – 11) and the movement track (Lang et al. – 5,8) is movable relative to the other, and wherein, when the conveying unit (Lang et al. – 6) is located in the intermediate zone, a relative shifting of the supporting unit (Lang et al. – 11) and the movement track (Lang et al. – 5,8) causes a mechanical coupling between the supporting unit (Lang et al. – 11) and the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6), as a result of which the clamping unit is defined. (Lang et al. – Figures 2-4 and Column 14 lines 11-18)
Regarding claim 12, Lang et al. modified by Jacobs et al. disclose the supporting unit (Lang et al. – 11) is movable between the home position (Lang et al. – Figure 2) and the operating position (Lang et al. – Figure 4), and wherein the passage of the support unit (Lang et al. – 11) from the home position (Lang et al. – Figure 2) to the operating position (Lang et al. – Figure 4) causes the mechanical coupling between the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6) placed in the intermediate zone and the supporting unit (Lang et al. – 11). (Lang et al. – Figures 2-4 and Column 14 lines 11-18)
Regarding claim 16, Lang et al. modified by Jacobs et al. disclose a plurality of independent conveying units (Lang et al. – 6). (Lang et al. – Figure 1)
Regarding claim 17, Lang et al. modified by Jacobs et al. disclose, at the intermediate zone, at least one the supporting unit (Lang et al. – 11) and the movement track (Lang et al. – 5,8) is movable relative to the other, and wherein, when the conveying unit (Lang et al. – 6) is located in the intermediate zone, a relative shifting of the supporting unit (Lang et al. – 11) and the movement track (Lang et al. – 5,8) causes a mechanical coupling between the supporting unit (Lang et al. – 11) and the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6), as a result of which the clamping unit is defined. (Lang et al. – Figures 2-4 and Column 14 lines 11-18)
Regarding claim 19, Lang et al. modified by Jacobs et al. disclose the supporting unit (Lang et al. – 11) is movable between the home position (Lang et al. – Figure 2) and the operating position (Lang et al. – Figure 4), and wherein the passage of the support unit (Lang et al. – 11) from the home position (Lang et al. – Figure 2) to the operating position (Lang et al. – Figure 4) causes the mechanical coupling between the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6) placed in the intermediate zone and the supporting unit (Lang et al. – 11). (Lang et al. – Figures 2-4 and Column 14 lines 11-18)
Regarding claim 20, Lang et al. modified by Jacobs et al. disclose, at the intermediate zone, at least one the supporting unit (Lang et al. – 11) and the movement track (Lang et al. – 5,8) is movable relative to the other, and wherein, when the conveying unit (Lang et al. – 6) is located in the intermediate zone, a relative shifting of the supporting unit (Lang et al. – 11) and the movement track (Lang et al. – 5,8) causes a mechanical coupling between the supporting unit (Lang et al. – 11) and the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6), as a result of which the clamping unit is defined. (Lang et al. – Figures 2-4 and Column 14 lines 11-18)
Regarding claim 22, Lang et al. modified by Jacobs et al. disclose the supporting unit (Lang et al. – 11) is movable between the home position (Lang et al. – Figure 2) and the operating position (Lang et al. – Figure 4), and wherein the passage of the support unit (Lang et al. – 11) from the home position (Lang et al. – Figure 2) to the operating position (Lang et al. – Figure 4) causes the mechanical coupling between the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6) placed in the intermediate zone and the supporting unit (Lang et al. – 11). (Lang et al. – Figures 2-4 and Column 14 lines 11-18)
Regarding claim 26, Lang et al. modified by Jacobs et al. disclose a plurality of independent conveying units (Lang et al. – 6). (Lang et al. – Figure 1)
Regarding claim 27, Lang et al. modified by Jacobs et al. disclose a plurality of independent conveying units (Lang et al. – 6). (Lang et al. – Figure 1)
Regarding claim 28, Lang et al. modified by Jacobs et al. disclose a plurality of independent conveying units (Lang et al. – 6). (Lang et al. – Figure 1)
Claims 11, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over reference Lang et al. (10,144,539) in view of reference Jacobs et al. (9,008,831) as applied to claims 10, 17, and 20 respectively, and further in view of reference Vaccari (9,162,825).
Regarding claim 11, Lang et al. modified by Jacobs et al. disclose the claimed invention as stated above but do not disclose the movement track movable between a raised position and lowered position.
Vaccari discloses an apparatus comprising: a movement track (45); and a heat-sealing device (44, 144) including a supporting unit (44) and a closing unit (144), wherein the movement track (45) is movable between a raised position, in which the movement track (45) allows the a supporting element (V) to reach an intermediate zone and to come out of the intermediate zone, and lowered position, wherein the shifting of the movement track (45) from the raised position to the lowered position causes the supporting element (V) to couple to the support unit (44). (Figure 1 and Column 5 lines 21-36)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the apparatus of Lang et al. by incorporating the moveable movement track as taught by Vaccari, since column 1 lines 47-53 of Vaccari states such a modification would allow the apparatus to be washed easily and completely.
Regarding claim 18, Lang et al. modified by Jacobs et al. and Vaccari disclose the movement track (Vaccari – 45) is movable between a raised position, in which the movement track (Vaccari – 45) allows the conveying unit (Lang et al. – 6) to reach the intermediate zone and to come out of the intermediate zone, and a lowered position, wherein the shifting of the movement track (Vaccari – 45) from the raised position to the lowered position causing the mechanical coupled between the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6) placed in the intermediate zone and the supporting unit (Lang et al. – 11). (Lang et al. – Column 14 lines 11-18) (Vaccari – Column 5 lines 21-36)
Regarding claim 21, Lang et al. modified by Jacobs et al. and Vaccari disclose the movement track (Vaccari – 45) is movable between a raised position, in which the movement track (Vaccari – 45) allows the conveying unit (Lang et al. – 6) to reach the intermediate zone and to come out of the intermediate zone, and a lowered position, wherein the shifting of the movement track (Vaccari – 45) from the raised position to the lowered position causing the mechanical coupled between the single body (Lang et al. – 29) of the conveying unit (Lang et al. – 6) placed in the intermediate zone and the supporting unit (Lang et al. – 11). (Lang et al. – Column 14 lines 11-18) (Vaccari – Column 5 lines 21-36)
Claims 15 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over reference Lang et al. (10,144,539) in view of reference Jacobs et al. (9,008,831) as applied to claims 1, 2, 9, and 10 respectively, and further in view of reference Baldini et al. (2022/0250780).
Regarding claim 15, Lang et al. modified by Jacobs et al. disclose the claimed invention as stated above but do not disclose further processing stations.
Baldini et al. disclose an apparatus comprising: a movement track (3); and a plurality of processing stations (2), wherein the movement track (3) extends through the plurality of processing station s (2). (Figure 2 and Page 1 paragraphs 16-19, Page 2 paragraphs 28, 39)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the apparatus of Lang et al. by incorporating the further processing stations as taught by Baldini et al., since page 1 paragraph 4 of Baldini et al. states such a modification would allow optimized processing of the support elements.
Regarding claim 23, Lang et al. modified by Jacobs et al. and Baldini et al. disclose the movement track (Lang et al. – 5,8) is part of a forward movement track of a plant (Baldini et al. – 1), wherein the plant (Baldini et al. – 1) comprises further processing stations (Baldini et al. – 2), and wherein the conveying unit (Lang et al. – 6) is used to move the supporting elements (Lang et al. – 7) along the forward movement track. (Lang et al. – Figure 1) (Baldini et al. – Figure 2)
Regarding claim 24, Lang et al. modified by Jacobs et al. and Baldini et al. disclose the movement track (Lang et al. – 5,8) is part of a forward movement track of a plant (Baldini et al. – 1), wherein the plant (Baldini et al. – 1) comprises further processing stations (Baldini et al. – 2), and wherein the conveying unit (Lang et al. – 6) is used to move the supporting elements (Lang et al. – 7) along the forward movement track. (Lang et al. – Figure 1) (Baldini et al. – Figure 2)
Regarding claim 25, Lang et al. modified by Jacobs et al. and Baldini et al. disclose the movement track (Lang et al. – 5,8) is part of a forward movement track of a plant (Baldini et al. – 1), wherein the plant (Baldini et al. – 1) comprises further processing stations (Baldini et al. – 2), and wherein the conveying unit (Lang et al. – 6) is used to move the supporting elements (Lang et al. – 7) along the forward movement track. (Lang et al. – Figure 1) (Baldini et al. – Figure 2)
Conclusion
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/PATRICK B FRY/Examiner, Art Unit 3731 October 17, 2025
/ANNA K KINSAUL/Supervisory Patent Examiner, Art Unit 3731
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