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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 and 48-57 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kuhmichel et al. (U.S. Pub. No. 2017/0320606).
Regarding claim 1: Kuhmichel discloses a system for processing food products, comprising: at least one cutting apparatus that comprises:
a product feed (Figs. 2-5; via conveying mechanism product 25); and
at least one blade arranged in a cutting plane (paragraph 0011; “a high-performance slicer”), wherein the product feed is configured to guide the food products on one track (Figs. 2-5; via food products 25 conveyed in one track) or on multiple tracks into the cutting plane,
wherein the at least one blade is configured to cut off slices from the food products that are guided into the cutting plane to obtain cut-off slices and to form a plurality of portions from the cut-off slices, each of the plurality of portions comprising one or more slices (Fig. 9-11; plurality of sliced products 25);
a packaging machine configured to provide a plurality of packaging spaces for the plurality of portions and to move the plurality of packaging spaces along a transport direction (Figs. 9-11; via the shown plurality of spaced area defined by 53 of different sliced stacked product 25);
a transport apparatus that is configured to transport the plurality of portions from the at least one cutting apparatus along a transport path to the packaging machine (via conveyors 23 and/or 49);
a provision device that is arranged at the transport path and is configured to provide portion supports for the plurality of portions (Figs. 2-5 and 6-9; via base section 13) such that each of the plurality of portions transported by the transport apparatus along the transport path is placed on a placement section of a portion support (via sliced products 25 placed in base sections 13),
wherein the portion support has a marginal section that is not covered by a portion of the plurality of portions when the portion is on the portion support, see for example (Fig. 4; via the shown uncovered margins on base 13 while sliced articles 25 placed), and
wherein a transition between the placement section and the marginal section of the portion support defines a bending line of the portion support (Fig. 23; via 15 and/or fold line 17);
a folding device that is configured to fold the portion support along the bending line; and
an insertion device that is configured to bring the portion support with the portion onto a packaging space of the plurality of packaging spaces such that the bending line of the portion support is aligned in parallel with the transport direction of the packaging machine, see for example (Figs. 15-22; via the shown mechanism of redirecting sliced product 25 on base 13 in different directions to fold the marginal section 15 over the sliced products).
Regarding claim 2: wherein the portion support is planar in a non-folded state prior to the folding device folding the portion support, see for example (Figs. 4-5; via the shown base planar member 13).
Regarding claim 3: wherein the portion support is at least substantially rectangular and/or at least substantially square (via rectangular shape of base 13).
Regarding claim 4: wherein the portion support has a short side and a long side, wherein the bending line extends parallel to the long side, see for example (Fig. 23; via the short-folded cover section 15 over the long base portion 13 to lay completely flat and parallel to the base 13).
Regarding claim 5: wherein the bending line is formed by a fold; or wherein the portion support is formed uniformly in a non-folded state and the bending line is defined by a predetermined spacing from an outer margin of the portion support, the outer margin facing away from the placement section (via fold line 17).
Regarding claim 6: wherein, in a folded state of the portion support, the marginal section of the portion support extends along a portion upper side that is opposite a portion underside with which the portion lies on the placement section (Fig. 10-13; via marginal portion 15 folded all the way to lay in opposite a portion underside of the placement section 13).
Regarding claim 7: wherein the insertion device is configured to bend the marginal section of the portion support by approximately or exactly 90 degrees during the insertion, see for example (Figs. 10-13; via portion 15 folded about 90 degrees).
Regarding claim 8: wherein the insertion device comprises a robot gripper that is configured to grip the plurality of portions that are transported by the transport apparatus into an insertion section and to bring the plurality of portions onto the plurality of packaging spaces, (paragraph 0022; via “a robot for pivoting” and/or Fig. 11; via robotic elements 53),
wherein a bending device is arranged at the packaging machine (Figs. 10-12; via the shown mechanism in the packaging machine folding 15 over sliced product 25),
wherein the robot gripper is configured to bring the marginal section of the portion support into contact with the bending device during the insertion of the portion, thereby bending the marginal section by approximately or exactly 90 degrees during the insertion (via robotic folding element 53).
Regarding claim 9: wherein the robot gripper has a holding edge that fixes the bending line during the insertion (paragraph 0022; via “The robot can be configured to grip the cover section”).
Regarding claim 48: Kuhmichel discloses a system for processing food products, comprising:
at least one cutting apparatus that comprises:
a product feed (Figs. 2-5; via conveying mechanism product 25); and
at least one blade arranged in a cutting plane (paragraph 0011; “a high-performance slicer”),
wherein the product feed is configured to guide the food products on one track or on multiple tracks into the cutting plane, (Figs. 2-5; via food products 25 conveyed in one track);
wherein the at least one blade is configured to cut off slices from the food products that are guided into the cutting plane to obtain cut-off slices and to form a plurality of portions from the cut-off slices, each of the plurality of portions comprising one or more slices (Figs. 10 & 11; via the shown multiple stacked sliced products 25);
a packaging machine configured to provide a plurality of packaging spaces for the plurality of portions and to move the plurality of packaging spaces along a transport direction, (Figs. 9-11; via the shown plurality of spaced area defined by 53 of different sliced stacked product 25);
a transport apparatus that is configured to transport the plurality of portions from the at least one cutting apparatus along a transport path to the packaging machine (via the shown conveying mechanisms 49);
a provision device that is arranged at the transport path and is configured to provide portion supports for the plurality of portions such that each of the plurality of portions transported by the transport apparatus along the transport path is placed on a placement section of a portion support, see for example (Figs. 1-5; via base portion 13),
wherein the portion support has a marginal section that is not covered by a portion of the plurality of portions when the portion is on the portion support (Figs. 4-5; via the shown marginal or uncovered section of 13 around the placed sliced products 25), and
wherein a transition between the placement section and the marginal section of the portion support defines a bending line of the portion support (Fig. 23; via fold line 17 and/or section 15);
a folding device that is configured to fold the portion support along the bending line (Figs. 11-12; via 53); and
an insertion device that is configured to bring the portion support with the portion onto a packaging space of the plurality of packaging spaces such that the bending line of the portion support is aligned in parallel with the transport direction of the packaging machine, see for example (Figs. 15-22; via the shown mechanism of redirecting sliced product 25 on base 13 in different directions to fold the marginal section 15 over the sliced products).
wherein the insertion device comprises a robot gripper that is configured to grip the plurality of portions that are transported by the transport apparatus into an insertion section and to bring the plurality of portions onto the plurality of packaging spaces (paragraph 0022; via “a robot for pivoting” and/or Fig. 11; via robotic elements 53 and paragraph 0022; “The robot can be configured to grip the cover section”).
Regarding claim 49: wherein the robot gripper is configured to bring the marginal section of the portion support into contact with a bending device during the insertion of the portion, thereby bending the marginal section by approximately or exactly 90 degrees during the insertion, wherein the robot gripper has a holding edge that fixes the bending line during the insertion, see for example (Figs. 11-12; via robotic arm 53).
Regarding claim 50: wherein the bending device is disposed at the packaging machine (Fig. 11; via the shown bending mechanism of 15 in the packaging machine of sliced articles 25).
Regarding claim 51: wherein the bending device is a web (Fig. 11; via portion 15 is contributing to the bending mechanism, which is a web).
Regarding claim 52: wherein the robot gripper is a first robot gripper and the system further comprises a second robot gripper (Fig. 11; via multiple robotic arms 53).
Regarding claim 53: wherein the robot gripper is configured to grip the portion support at two sides that are oriented perpendicular to the bending line, see for example (Fig. 11; via arms 53 positioned perpendicular to bending line 17).
Regarding claim 54: wherein the robot gripper comprises at least two claw gripping elements (paragraph 0023 “the robot is configured such that it grips, picks up and/or grasps”, inherently such approaches require two gripping elements).
Regarding claim 55: wherein each of the at least two claw gripping elements comprise contact sections extending perpendicular to a plane of the placement section to prevent the portion from slipping off the portion support (paragraph 0037; The active element can have a gripping device by means of which the cover section can be gripped and processed or pivoted about the kink line from above…for the product carrier”).
Regarding claim 56: wherein the robot gripper is configured to place the plurality of portions onto a buffer device, and wherein the robot gripper or at least one additional robot gripper is configured to grip the plurality of portions from the buffer device and place the plurality of portions onto the plurality of packaging spaces, see for example (Figs. 6-9; via middle conveying mechanism could be considered as buffer device; the sliced articles 25 and base 13 then moved and gripped by 31 and/or 53 to be placed on a further downstream conveyor).
Regarding claim 57: wherein the robot gripper is configured to align a misaligned product on a product support, see for example (Fig. 11; via by pivoting robotic arm 53 appears to be aligning products 25).
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
Applicant argues that the applied art of Kuhmichel ‘606 does not suggest the claimed insertion device, bending line of the portion support being aligned in parallel with the transport direction of the packaging machine.
The Office draws applicant’s attention that the claims are given the broadest reasonable meaning, in this case the claimed invention is calling for “an insertion device that is configured to bring the portion support with the portion onto a packaging space of the plurality of packaging spaces such that the bending line of the portion support is aligned in parallel with the transport direction of the packaging machine”, while intended use limitations followed the claimed term “such that” are not given much patentable weight. Being that said, the Office believes that ‘606 do suggest the claimed insertion device with portion support portion brought onto a packaging space and forming a bending line aligned in parallel with the transport direction of the packaging machine, see for example (Figs. 12-15; via the shown pivoting device 59 to fold portion 15 and form fold/bending line of section 15 to get over and cover portion of section 25 in the packaging space, while the bending line of 15 is parallel to the transporting ling of conveyor 57 (Fig. 13).
Applicant further argues that ‘606 does not show the claimed “robot gripper” as suggested by claim 48. However, the Office believes that ‘606 discloses the use of “robot gripper” configured to grip and transport plurality of portions of the conveyed articles into an insertion section, see for example (Fig. 11; via the robotic folding element 53 on the insertion/folding section and/or paragraph 0023; “the robot is configured such that it grips, picks up and/or grasps the product carrier and moves the cover section to a fixed folding device”).
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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMEH TAWFIK/Primary Examiner, Art Unit 3731