DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Application filed 08/09/2024.
The status of the Claims is as follows:
Claims 1-15 are pending and have been examined.
Priority
Receipt is acknowledged of a certified copy of foreign application WO2023158953; however the present application does not properly claim priority to the submitted foreign application. If this copy is being filed to obtain priority to the foreign filing date under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a), applicant must also file a claim for such priority as required by 35 U.S.C. 119(b) or 365(b), and 37 CFR 1.55. If the application was filed before September 16, 2012, the priority claim must be made in either the oath or declaration or in an application data sheet; if the application was filed on or after September 16, 2012, the claim for foreign priority must be presented in an application data sheet.
If the application being examined is an original application filed under 35 U.S.C. 111(a) (other than a design application), the claim for priority must be presented during the pendency of the application, and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1). If the application being examined is a national stage application under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2). Any claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) not presented within the time period set forth in 37 CFR 1.55 is considered to have been waived. If a claim for foreign priority is presented after the time period set forth in 37 CFR 1.55, the claim may be accepted if the claim properly identifies the prior foreign application and is accompanied by a grantable petition under 37 CFR 1.55(e) to accept an unintentionally delayed claim for priority and the applicable petition fee under 37 CFR 1.17(m)(1) or (m)(2).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/27/2025, 12/17/2024, 08/09/2024 were filed after the mailing date of the Application on 08/09/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 11-15 are objected to because of the following informalities:
Claim 11 recites:
“wherein a strap path is defined between the first and second jaws the support surface”
The word “and” should appear after the word jaws. Appropriate correction is required.
Claims 12-15 are objected to for their dependency.
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 1-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the jaws" in line 8 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10 are rejected for their dependency.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Figiel et al. (US 20130085053; Figiel).
Regarding Claim 1 Figiel (US 20130085053) discloses a strapping device (100) comprising:
a sealing assembly (106) comprising a jaw connector (538) defining a support surface and opposing first (522) and second jaws (524) comprising respective teeth (534, 536), wherein the first jaw (522) is pivotable relative to the jaw connector (538) and the second jaw (524) between a first jaw home position (Fig. 9A) and a first jaw sealing position (Fig. 9D), wherein the second jaw (524) is pivotable relative to the jaw connector (538) and the first jaw (522) between a second jaw (524) home position and a second jaw sealing position (Fig. 9D), and wherein a strap path is defined between the first (522) and second (524) jaws and the support surface (par 32-34; 39);
a motor (302) operably connected to the sealing assembly (106) to pivot the jaws (522, 524) between their respective jaw home (Fig 9A) and jaw sealing positions (Fig. 9D); and
a controller (800) operably connected to the motor (302) to upon initiation of a sealing cycle: control the motor to pivot the first and second jaws to their respective jaw sealing positions; (par 39)
and responsive to an interrupt condition (no strap present; par 36) being met: control the motor (302) to stop pivoting the jaws (522, 524) (par 36); and
responsive to a release condition being met after the interrupt condition is met, control the motor to pivot the first and second jaws to their respective jaw home positions. (par 36-38)
Regarding Claim 9 the Figiel discloses the invention as described above. Figiel further discloses a release sensor (700), wherein the release condition (strap is present, par. 36) is met when the release sensor is triggered. (par 36-38)
Allowable Subject Matter
Claims 2-8 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 10 Figiel discloses the invention as described above. Figiel further discloses
a support (318) to which the sealing assembly (106) is mounted;
However, the Prior Art does not teach a tensioning assembly mounted to the support and pivotable relative to the support and about a tensioning-assembly pivot axis between a strap-tensioning position and a strap-insertion position; and a rocker lever operably connected to the tensioning assembly and pivotable from a home position to an actuated position to move the tensioning assembly from the strap-tensioning position to the strap-insertion position, wherein the release sensor is positioned to be triggered as the rocker lever moves from the home position to the actuated position.
Claims 11-15 are allowed pending objections listed above.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 11 Figiel discloses a method of operating a strapping device including
a sealing assembly (106) comprising a jaw connector (538) defining a support surface and opposing first (522) and second (524) jaws comprising respective teeth (534, 536), wherein the first jaw (522) is pivotable relative to the jaw connector (538) and the second jaw (524) between a first jaw home position (Fig. 9A) and a first jaw sealing position (Fig. 9D), wherein the second jaw (524) is pivotable relative to the jaw connector (538) and the first jaw (522) between a second jaw home position (Fig. 9A) and a second jaw sealing position (Fig. 9D), and wherein a strap path is defined between the first (522) and second (524) jaws the support surface, (par 32-34; 39) the method comprising:
responsive to an interrupt condition being met (no strap present; par 36), stop pivoting the jaws (522, 524); and responsive to a release condition being met after the interrupt condition is met, pivoting the first and second jaws to their respective jaw home positions (par 36-38)
Figiel et al. (US 20140060345) teaches a seal element (C) positioned around two overlapping portions of strap (S, T) is positioned in the strap path, pivoting the first and second jaws (42, 52) to their respective jaw sealing positions such that the teeth of the first and second jaws deform the seal element and the overlapping portions of strap; (par 53-60)
However, the Prior Art does not teach such that the seal element is trapped between the teeth of the jaws and the support surface of the jaw connector
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Keller US 20200354094 jaws
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731