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) 1-3, 5-6, 8, and 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicants Admitted Prior Art (AAPA) in view of Forni (WO 2008/129432).
Regarding claims 1 & 13: AAPA discloses a wrapping machine and method for wrapping a load with a film or band at least one between of plastic and/or and paper material comprising:
- a main frame;
- a supporting carriage slidably supported by said main frame and movable along a working direction, in particular vertical;
- a moving ring rotatably supported by said supporting carriage and rotatable about a wrapping axis parallel to said working direction;
- an unwinding unit fixed to said moving ring and provided with a reel of film, pre-stretching rollers to unwind and pre-stretch the film and at least one electric motor to rotate said pre-stretching rollers (52,53) rollers;
- sliding electric contact means assembly for at least one between supplying electric current to, and/or to and exchanging electric signals with, with said unit, said sliding electric contact assembly comprising brush means a brush assembly fixed to said moving ring and a conductive bar means assembly fixed to a supporting ring and connected to said supporting carriage, in an operating configuration, said brush means assembly slidably abutting said conductive bar means assembly to receive electric current and/or and alternatively or additionally to exchange electric signals; see for example (the filed specification; via referring to “Known wrapping machines with horizontal rotating ring comprise a main frame to which a secondary frame is slidably connected or supporting carriage, configured to rotatable support a ring structure, or rotating ring, to which a unit for unwinding or supplying film is fixed” and “Sensors are also mounted on the unwinding unit to detect operating parameters of the wrapping machine…in order to electrically power the electric motor or motors driving the pre-stretching rollers and the sensors mounted on the unwinding unit and/or for exchange control signals between the unwinding unit and a control unit of the wrapping machine” along with referring to the use of brush “brushes include sliding elements made of material with high electrical conductivity and low friction coefficient”).
AAPA does not specifically suggest that the wrapping machine comprises a drive and control means system fixed to said moving ring and electrically connected to said brush means assembly and to said unwinding unit at least to drive and control said at least one electric motor, said drive and control means system comprising a detector device connected to said brush means assembly to receive an electric current therefrom and configured to detect and record possible supply interruptions of electric current during operation of the wrapping machine. However, Forni discloses similar wrapping machine with a use of controlling unit controls and ensures relative rotation of the electric motor and correct speed of the load via using software 103 and encoder 2 and drive means actuated in synchronized connection of the associated electric motors; further using CPU via 3 to control the entire wrapping operation.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified AAPA with the use of a drive control means, as suggested by Forni, in order to gain more control of the wrapping operation and avoid any damages.
In respect to the claimed specific use of the control unit for controlling specific operation, such as the brush means, that would be nothing more than re-orientation of parts matter. Further, it is noted that those claims limitations are more as of intended use limitations to the actual drive and control means, which may not be given much patentable weight.
Regarding claims 2 and 14: Forni discloses detector device (Fig. 2; via shown command signal in both directions between the CPU 3 and motor 1 and/or Fig. 6; via 7); is configured to detect and record frequency and duration of interruptions of said electric current (via the shown communication between the CPU and motor 1). Further, it is noted that an intended use limitations for the claimed “detector device” is not given much patentable weight.
Regarding claims 3: Forni discloses a central control unit (Fig. 6; via 3-103, CPU) configured to receive from said detector device data related to said supply interruptions of electric current and to determine based on said data maintenance works on at least one between said brush means and/or assembly and said conductive bar means assembly, (Fig. 2; via shown command signal in both directions between the CPU 3 and motor 1 and/or motor 2). Further, it is noted that an intended use limitations for the claimed “central control unit” is not given much patentable weight.
Regarding claim 5: Forni discloses a drive and control system comprises at least an inverter and a local control unit for driving and controlling the operation of said at least one electric motor and wherein said detector device is connected to said local control unit to transmit thereto data relating to said supply interruptions of electric current, said local control unit being connected to said central control unit, see for example (Fig. 2; via shown command signal in both directions between the CPU 3 and motor 1 and/or Fig. 6; via 7).
Regarding claim 6: Forni discloses that the drive and control means comprise system comprises a wireless transceiver device for connecting said local control unit to a further wireless transceiver device of said central control unit of the wrapping machine, see for example (Fig. 2a; via CPU unit 3 communicating “wireless” to other units).
Regarding claim 8: AAPA discloses that the unwinding comprises sensors for detecting operating parameters of said unwinding unit (via background of the invention; “Sensors are also mounted on the unwinding unit”).
Regarding claim 11: AAPA discloses the use of conductive bar assembly comprises a plurality of annular conductive bars parallel and adjacent to each other and fixed to an external side wall of said supporting ring and wherein said brush assembly comprise a plurality of contacting brushes each of which being configured to abut slidably a respective annular conductive bar (via background of the invention; “a plurality of conductive annular bars (sliding contacts) on which respective contacting brushes slide”).
Regarding claim 12: AAPA discloses that each contacting brush is removably fixed to said moving ring (inherently any mechanical parts withing a given unit is capable of being removed).
Regarding claim 15: AAPA discloses that the electric current is a first electric current supplied by first annular conductive bars of said conductive bar assembly, see for example (background of the invention; “a plurality of conductive annular bars (sliding contacts) on which respective contacting brushes slide”).
Response to Arguments
Applicant's arguments filed 01/07/2026 have been fully considered but they are not persuasive.
Applicant mainly argued that the applied art of Forni ‘432 did not suggest the claimed processing unit or any other element of the wrapping machine is connected to a brush assembly to receive an electric current from the brush assembly and configured to detect and record possible supply interruptions of electric current during operation of the wrapping machine.
The Office as set forth above believes that such argued upon use of control or processing unit along with a use of a brush assembly in a wrapping machine was suggested and admitted by the AAPA. It was noted that having a specific connection and link between the mentioned elements as of linking between the control unit and the brushing assembly to function in a certain way would be nothing more than a design choice to be made for arranging and/or operating parts of the machine or further to make parts controlled and automated smart!
Also, the Office continue to draws applicant’s attention that the claims are given the broadest reasonable meaning, in this case it appears that the claimed language along with the made arguments are related to the intended use of the actual “control system” and “brush assembly”, how those are linked or operated using electric current or signal are only an intended use!
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.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, AAPA and ‘432 both are related to the packaging/wrapping art using rotating rings to wrap web materials around stacked items. Therefore, it would definitely be obvious to use one’s teaching to modify the other as desired.
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.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731