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 Response to Non-Final filed 10/15/2025.
The status of the Claims is as follows:
Claims 1-25; 40, 41, 44 have been cancelled;
Claims 26-29, 31-39, 42, 43, 45-50 have been amended;
Claims 26-39, 42, 43, 45-50 are pending and have been examined.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 26-39, 42, 43, 45-50 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cere (US 20180162567).
Regarding Claim 26 Cere discloses a wrapping machine for wrapping a load with a film of plastic material, comprising:
- an unwinding unit (55, 50, 33, 34, 35) provided with a reel (55) of said film (50) and rollers (33, 34, 35) suitable for at least one between unwinding and pre-stretching the film (50);
- a moving assembly (31, 31’) arranged to support and move said unwinding unit (55, 50, 33, 34, 35) at least along an operating direction;
- a transfer system (11, 21, 11a, 11b, 28) fixed to and supported by said unwinding unit (55, 50, 33, 34, 35) and configured to transfer an initial flap (51a) of said film (51) unwound from said reel (55) by said rollers (33, 34, 35) into a wrapping area of said wrapping machine (1) in which said load (100) is wrapped with said film (51); (par 71)
said transfer system (11, 21, 11a, 11b, 28) comprising:
- a blowing arrangement (28) positioned downstream of said rollers (33, 34, 35) with reference to an unwinding direction of said film (51) and configured to emit air blows towards said wrapping area and said initial flap (51a) of film (51) to push and guide the initial flap (51a) along an unwinding direction towards said wrapping area; (par 71-72) and
- a gripping assembly (21) adjacent to said blowing arrangement (28) and adapted to grasp and retain said initial flap (51a) of film (51) at least during a pause step of said wrapping machine (1) when said load (100) is not wrapped with said film (51). (par 71-74; 84)
Regarding Claim 27 Cere discloses the invention as described above. Cere further discloses said blowing arrangement (28) comprises at least one blowing element (28) having an elongated shape, arranged transverse to longitudinal edges of said film (51), said blowing element (28) being provided with blowing holes distributed along its entire length and facing towards said wrapping area and towards said initial flap (51a) of film (51) to emit a plurality of air blows. (par 71-72, 107; Fig.8)
Regarding Claim 28 Cere discloses the invention as described above. Cere further discloses said blowing arrangement (28) comprises a pair of blowing elements (28) arranged parallel to each other on opposite sides of film (51) and adjacent to said gripping assembly (21) so as to push said initial flap of film towards said wrapping area. (par 71-72; 107)
Regarding Claim 29 Cere discloses the invention as described above. Cere further discloses said gripping assembly (21) comprises a pair of gripping arms (21a, 21b) movable between a gripping position (Fig. 8), in which they mutually abut so as to grasp and retain a portion of said initial flap of film, and a releasing position (Fig. 7), in which said gripping arms are mutually spaced apart so as not to interact with said initial flap of film. (par 71-73)
Regarding Claim 30 Cere discloses the invention as described above. Cere further discloses each gripping arm (21a, 21b) is connected to said unwinding unit rotatably about a respective rotation axis. (par 71)
Regarding Claim 31 Cere discloses the invention as described above. Cere further discloses each gripping arm (21a, 21b) comprises an elongated first portion suitable to abut said initial flap of film. (par 73)
Regarding Claim 32 Cere discloses the invention as described above. Cere further discloses each gripping arm further comprises a second portion having a respective free end, opposite to an end that is fixed to said first portion, which is rotatably fixed to a supporting frame of said unwinding unit. (par 71)
Regarding Claim 33 Cere discloses the invention as described above. Cere further discloses a table (203) positioned in said wrapping area ,suitable to receive and support said load (100) and rotatable about a wrapping axis (Z). (par 169)
Regarding Claim 34 Cere discloses the invention as described above. Cere further discloses a cutting and fixing assembly (80) arranged to fix said film to said load at the end of a wrapping cycle and to cut said film in a section between the load and the unwinding unit. (par 80; 82)
Regarding Claim 35 Cere discloses a method for wrapping a load with a film of plastic material by means of a wrapping machine according to claim 26 comprising:
- retaining an initial flap (51a) of said film (51) by means of a gripping assembly (21) arranged in a gripping position; (par 71-74; 84)
- emitting air blows directed towards said initial flap of film and towards a wrapping area by means of a blowing arrangement (28) of the transfer system (11, 21, 11a, 11b, 28); (par 71-74, 84)
- unwinding said film from a reel by means of rollers (33, 34, 35);
- releasing said initial flap (51a) of film (51) by arranging said gripping assembly (21) in a releasing position so that said air blows generated by said blowing arrangement (28) push and guide said initial flap (51a) of film along an unwinding direction towards said wrapping area; (par 105)
- stopping emitting said air blows and unwinding said film from the reel when said initial flap of film is positioned in said wrapping area; (par 107)
- fixing said initial flap of film to at least a part of said load and starting a wrapping cycle. (par 90)
Regarding Claim 36 Cere discloses the invention as described above. Cere further discloses once finished said wrapping cycle:
- grasping and retaining by means of said gripping assembly (21) arranged in said gripping position, a portion of film that is interposed between said unwinding unit and said load; (par 75)
- fixing a further portion of film to said load by means of a cutting and fixing assembly; (par 75)
- cutting said film in a section comprised between said further portion of film and said gripping assembly, by means of said cutting and fixing assembly so as to obtain a film final flap that is fixed to said load and an initial flap of film that is retained by said gripping assembly. (par 79-80)
Regarding Claim 37 Cere discloses the invention as described above. Cere further discloses said fixing said initial flap of film comprises dropping said initial flap of film on a pallet or on a product of said load that is positioned in said wrapping area and arranging at least one further product of said load on said pallet or on said product so as to block said initial flap of film. (par 90-92)
Regarding Claim 38 Cere discloses the invention as described above. Cere further discloses during said wrapping cycle making up said load by progressively entering and superimposing products which form said load. (par 43; 91)
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
In the rejection dated 07/15/2025 there were typographical errors in the rejection that required correction for the proper interpretation of the rejection.
Applicant’s Argument: Supply unit (30) is stationary and not movable.
Examiner’s Response: At par 75 Cere discloses the unwinding unit (55, 50, 33, 34, 35) is moved by moving means (31, 31’) along an operating direction.
Applicant’s Argument: Wrapping means (12) is associated with the wrapping unit; the wrapping means is not fixed to a supported by the supply unit (30).
Examiner’s Response: At par 71 Cere discloses a transfer system (11, 21, 11a, 11b, 28) fixed to and supported by said unwinding unit (55, 50, 33, 34, 35) and configured to transfer an initial flap (51a) of said film (51) unwound from said reel (55) by said rollers (33, 34, 35) into a wrapping area of said wrapping machine (1) in which said load (100) is wrapped with said film (51);
Applicant’s Argument: First blowing means (22) are configured to emit air blows for moving film 50 away from the second gripping means (21) and second blowing means (38) are configured to blow the film flap generated from the breaking and held by the second gripping means (21) towards the insertion arm. First and second blowing means (22, 38) are not configured to emit air blow towards the wrapping area and the initial flap of film to push and guide the initial flap along an unwinding direction towards a wrapping area.
Examiner’s Response: At par 71 and 72 Cere discloses a blowing arrangement (28) positioned downstream of said rollers (33, 34, 35) with reference to an unwinding direction of said film (51) and configured to emit air blows towards said wrapping area and said initial flap (51a) of film (51) to push and guide the initial flap (51a) along an unwinding direction towards said wrapping area.
Allowable Subject Matter
Claims 39, 42, 43, and 45-50 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 39 Cere discloses a wrapping machine for wrapping a load with a film of plastic material comprising:
- an unwinding unit (55, 50, 33, 34, 35) provided with a reel (55) of said film (50) and rollers (33, 34, 35) suitable for at least one between unwinding and pre-stretching said film (50);
- a transfer system (11, 21, 11a, 11b, 28) associated with said unwinding unit (55, 50, 33, 34, 35) and configured to transfer an initial flap (51a) of said film (50) unwound from said reel (55) by said rollers (33, 34, 35) into a wrapping area of said wrapping machine (1) in which said load (100) is wrapped with said film (50);
said transfer system (11, 21, 11a, 11b, 28) comprising:
- a gripping assembly (21) adapted to grasp and retain said initial flap of film (51a);
- a moving arm (11) that is supported by said unwinding unit (3), supports said gripping assembly (21) and can be selectively operated to move in, or move away from, said wrapping area;
- said gripping assembly (21) comprises a pair of gripping arms (21a, 21b) movable between a gripping position, in which they mutually abut so as to grasp and retain a portion of said initial flap of film (51a), and a releasing position, in which said gripping arms (21a, 21b) are mutually spaced apart so as not to interact with said initial flap of film (51a), each gripping arm (21a, 21b) being rotatably connected to an end portion of said moving arm (11) rotatable about a respective rotation axis (X). (par 71-73)
However the prior art does not teach the moving arm is slidably connected to a supporting frame of the unwinding unit and is movable linearly along an unwinding direction.
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.
Cere US 20180290776
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731