DETAILED ACTION
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/4/2026 has been entered.
Claims 2-6, 8-20 and 22-24 remain pending in the application.
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 2-6 and 16 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 2, the limitation “The packaging apparatus (15) of claim 22, comprising two receiving units” is vague and unclear because claim 22 (on which claim 2 depends) states “the magazine unit (1) comprises at least two receiving units (2)”. Therefore, it is unclear whether the two sets of receiving units are the same or different. Additionally, it is unclear if the receiving units are part of the packaging apparatus as a whole or a subcomponent of the magazine unit of the packaging apparatus. In order to prosecute the application, Examiner assumes the two sets of receiving units are the same and are part of the magazine unit which is a subcomponent of the packaging apparatus.
Claims 3-6 and 16 are rejected for depending on a rejected claim.
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 8-10, 12-15, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over USP# 9,266,632 of Anderson et al. (henceforth Anderson) in view of JP 2000226126 of Kenji (henceforth Kenji).
Regarding claim 8, Anderson teaches
A packaging apparatus (100) comprising;
packaging module (120, 130) for creating article groupings (70) with packaging (30)
a magazine unit (110) storing the packaging.
Anderson does not teach
wherein the magazine unit comprises at least two receiving units, each receiving unit comprising a frame capable of receiving consumable material, at least one removal position and at least two filling positions, wherein each of the at least two receiving units is configured to be movable between the at least one removal position and one of the at least two filling positions and wherein at least one protective element is arranged between the at least two receiving units.
Kenji teaches
A magazine unit (device in fig. 1) for storing packaging (C), comprising;
at least two receiving units (bases of right and left units of 1, para 0013), each receiving unit comprising a frame (the bottom support on which the packaging sits. Please note that the Examiner is interpreting the term “frame” as “an open case or structure made for admitting, enclosing, or supporting something” as defined by Merriam-webster dictionary. See https://www.merriam-webster.com/dictionary/frame Accessed 9/15/2026) capable of receiving consumable material (C)
at least one removal position (P1, fig. 2) and
at least two filling positions (right and left P2 in fig. 2),
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see figs. 1-2) and, at least one of the at least two filling positions (see figs. 1-2, the right receiving unit 1 is movable to the right filling position P2 and the left receiving unit 1 is movable to the left filling position P2) and wherein at least one protective element (walls of 1) is arranged between the at least two receiving units (see annotated fig. 1)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the magazine unit of Anderson, with the addition of two receiving units that are movable, as taught by Kenji, in order to provide the predictable result of continuous supplying of consumable material (Kenji: para 0005). This improves the apparatus’s efficiency since the apparatus does not have to be stopped to refill the consumable material (Kenji: para 0005).
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Regarding claim 9, as shown in claim 8, the combination of Anderson and Kenji teaches
wherein the packaging module further comprises a transport device (Anderson: 142, 144) configured to move the article groupings (Anderson: 70) in a transport direction (Anderson: bottom to top in fig. 2), wherein the at least one removal position and the at least two filling positions are arranged in a straight line (Kenji: see fig. 1 and fig. 2) parallel to the transport device (the magazine 110 of Anderson is parallel to the transport direction as shown in fig. 1, therefore after the magazine 110 of Anderson is modified with magazine of Kenji, the modified magazine will also be parallel); wherein the receiving units are configured to be movable in the straight line (Kenji: para 0014-0015, see fig. 2).
Regarding claim 10, as shown in claim 9, the combination of Anderson and Kenji teaches
wherein the at least one removal position and the at least two filling positions are arranged parallel to the transport device (Kenji: see fig. 2).
Regarding claim 12, Anderson teaches
A method for combining article groupings (70) with a packaging (30), the method comprising:
providing packaging (30) as a consumable material (30) in a magazine unit (110).
Anderson does not teach
wherein the magazine unit comprises at least two receiving units, each receiving unit comprising a frame capable of receiving consumable material, at least one removal position and at least two filling positions, wherein at least one protective element is arranged between the at least two receiving units, configuring each of the at least two receiving units to be movable between the at least one removal position and one of the at least two filling positions, removing the packaging from one of the at least two receiving unit arranged in the removal position
Kenji teaches
providing a consumable material (C) in a magazine unit (device in fig. 1), wherein the magazine unit comprises at least two receiving units (bases of right and left units of 1, para 0013), each receiving unit comprising a frame (the bottom support on which the packaging sits. Please note that the Examiner is interpreting the term “frame” as “an open case or structure made for admitting, enclosing, or supporting something” as defined by Merriam-webster dictionary. See https://www.merriam-webster.com/dictionary/frame Accessed 9/15/2026) capable of receiving consumable material (C), at least one removal position (P1) and at least two filling positions (right and left P2 in fig. 2), wherein at least one protective element (walls of 1) is arranged between the at least two receiving units (see annotated fig. 1)
configuring each of the at least two receiving units to be movable between the at least one removal position (see fig. 1 and fig. 2) and one of the at least two filling positions (see figs. 1-2, the right receiving unit 1 is movable to the right filling position P2 and the left receiving unit 1 is movable to the left filling position P2),
removing the consumable material (C) from one of the at least two receiving unit arranged in the removal position (element 3, see fig. 3 and para 0013-0014).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method such that the magazine unit is provided with two receiving units that are movable, as taught by Kenji, in order to provide the predictable result of continuous supplying of consumable material (Kenji: para 0005). This improves the apparatus’s efficiency since the apparatus does not have to be stopped to refill the consumable material (Kenji: para 0005).
Regarding claim 13, as shown in claim 12, the combination of Anderson and Kenji teaches
filling or refilling the magazine unit by placing packaging into one of the at least two receiving unit when that receiving unit is in a filling position (Kenji: para 0017).
Regarding claim 14, as shown in claim 13, the combination of Anderson and Kenji teaches
wherein the magazine unit comprises two receiving units (Kenji: right and left units of 1, para 0013), a single removal position (Kenji: P1) and two filling positions (Kenji: right and left P2), wherein the removal position is arranged between the two filling positions (Kenji: see fig. 1 and fig. 2), and wherein the magazine unit can be moved back-and-forth between a first work mode (Kenji: fig. 1) and a second work mode (Kenji: fig. 2).
Regarding claim 15, as shown in claim 14, the combination of Anderson and Kenji teaches
wherein, in the first work mode (Kenji: fig. 1), a first receiving unit (Guenther: left 1) is arranged in a first filling position (Kenji: fig. 1) and is being filled with consumable material (Kenji: para 0017), and
wherein, in the second work mode (Kenji: fig. 2), a second receiving unit (right 1) is arranged in a second filling position (Kenji: right P2 in fig. 2) and is being filled with consumable material (Kenji: para 0017).
Regarding claim 17, as shown in claim 8, the combination of Anderson and Kenji does not teach
wherein the at least two receiving units are coupled together and assigned to common drive.
Kenji teaches
A magazine unit (device in fig. 1) for consumable material (C), comprising;
at least two receiving units (bases of right and left units of 1, para 0013) for consumable material (C),
at least one removal position (P1, fig. 2) and
at least two filling positions (right and left P2 in fig. 2), and
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see figs. 1-2) and, at least one of the at least two filling positions (see figs. 1-2, the right receiving unit 1 is movable to the right filling position P2 and the left receiving unit 1 is movable to the left filling position P2)
wherein at least one protective element (walls of 1) is arranged between the at least two receiving units (see annotated fig. 1)
wherein the at least two receiving units are coupled together and assigned to common drive (para 0014)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement system of the receiving unit of the combination of Anderson and Kenji such that the two receiving units are commonly drive one, as taught by Kenji, in order to provide the predictable result of making the movement mechanism simple and highly reliable (Kenji: para 0009).
Regarding claim 19, as shown in claim 12, the combination of Anderson and Kenji teaches
wherein the at least two receiving units are coupled together and assigned to common drive (Kenji para 0014).
Claims 2-6, 16, 18, 20 and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Anderson and Kenji in view of DE 1901300 of Guenther (henceforth Guenther).
Regarding claim 22, Anderson teaches
A packaging apparatus (100) comprising;
packaging module (120, 130) for creating article groupings (70) with packaging (30)
a magazine unit (110) storing the packaging.
Anderson does not teach
wherein the magazine unit comprises at least two receiving units, and at least one removal position and at least two filling positions, wherein each of the at least two receiving units is configured to be movable in a straight line between the at least one removal position and one of the at least two filling positions, wherein at least one protective element is arranged between the at least two receiving units, and wherein the at least two receiving units are configured to be movable perpendicularly to the straight line.
Kenji teaches
A magazine unit (device in fig. 1) for storing packaging (C), comprising;
at least two receiving units (bases of right and left units of 1, para 0013),
at least one removal position (P1, fig. 2) and
at least two filling positions (right and left P2 in fig. 2),
wherein each of the at least two receiving units is configured to be movable in a straight line between the at least one removal position (see figs. 1-2) and, at least one of the at least two filling positions (see figs. 1-2, the right receiving unit 1 is movable to the right filling position P2 and the left receiving unit 1 is movable to the left filling position P2), wherein at least one protective element (walls of 1) is arranged between the at least two receiving units (see annotated fig. 1)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the magazine unit of Anderson, with the addition of two receiving units that are movable, as taught by Kenji, in order to provide the predictable result of continuous supplying of consumable material (Kenji: para 0005). This improves the apparatus’s efficiency since the apparatus does not have to be stopped to refill the consumable material (Kenji: para 0005).
In Kenji, the consumable material is moved perpendicularly to the straight line by a common pedestal 9 as described in para 0018. Therefore, the combination of Anderson and Kenji does not teach
wherein the at least two receiving units (themselves) are configured to be movable perpendicularly to the straight line.
Guenther teaches
A magazine unit (4, 5) for consumable material (3), comprising;
at least two receiving units (bases of 4, 5 and elements 6, 7), with at least one protective element (walls of 4 or 5) arranged between the at least two receiving units (see fig. 1)
at least one removal position (see combined annotated fig. 1 and fig. 2) and
at least two filling positions (see combined annotated fig. 1 and fig. 2), and
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see combined annotated fig. 1 and fig. 2) and, at least one of the at least two filling positions (see combined annotated fig. 1 and fig. 2),
and wherein the at least two receiving units are configured to be movable perpendicularly to the movement direction of the receiving units between the removal and filling positions (6, 7 para 0012-0013, fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement device of the combination of Anderson and Kenji such that each of the receiving units are movable perpendicularly movement direction between the removal and filling positions, as taught by Guenther, in order to provide the predictable result of allowing easy, reliable and safe loading of the consumable material while allowing simultaneous processing/usage of the consumable material (Guenther: para 0012-0013). Additionally, providing independent perpendicular drives for the receiving units allows one receiving unit to be serviced while allowing the other one to continue operation. Lastly, a skilled artisan would have recognized that the modification of the combination of Anderson and Kenji with the teachings of Guenther involves no more than the predictable use of prior art elements according to their established functions. The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. KSR, 550 U.S. at 416
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Regarding claim 2, as shown in claim 22, the combination of Anderson, Kenji and Guenther teaches
the magazine unit comprising two receiving units (Kenji: right and left 1) for consumable material (Kenji: C), a single removal position (Kenji: P1) and two filling positions (Kenji: right and left P2 in fig. 2), wherein the removal position is arranged between the two filling positions (Kenji: see figs.1-2).
Regarding claim 3, as shown in claim 2, the combination of Anderson, Kenji and Guenther teaches
wherein, in a first work mode (Kenji: fig. 1), a first receiving unit (Kenji: left 1) is arranged in the first filling position (Kenji: P1, see fig. 1) and a second receiving unit (Kenji: right 1) is arranged in the removal position (Kenji: see fig. 1), and wherein, in a second work mode (Kenji: fig. 2), the first receiving unit (Kenji: left 1) is arranged in the removal position (Kenji: see fig. 2) and the second receiving unit (Kenji: right 1) is arranged in the second filling position (Kenji: right P2, see fig. 2).
Regarding claim 4, as shown in claim 2, the combination of Anderson, Kenji and Guenther teaches
wherein the removal position and the two filling positions are arranged in a straight line (Kenji: see fig. 2), wherein the receiving units are configured to be movable together in the straight line (Kenji: para 0014-0015, see fig. 2).
Regarding claim 5, as shown in claim 2, the combination of Anderson, Kenji and Guenther teaches
wherein the two receiving units are arranged on a carriage (Kenji: 4), which is assigned to a carriage guide (Kenji: guide on which 4 rides as shown in annotated fig. 1), which carriage guide (Kenji: 5) extends over the removal position and both filling positions (Kenji: see annotated fig. 1 and fig. 2).
Regarding claim 6, as shown in claim 22, the combination of Anderson, Kenji and Guenther teaches
each of the at least two receiving unit further comprises a lifting device (Guenther: 6, 7, para 0012-0013).
Regarding claim 16, as shown in claim 6, the combination of Anderson, Kenji and Guenther teaches
wherein the at least two receiving units are coupled together and assigned to common drive (Kenji: para 0014).
Regarding claim 18, as shown in claim 17, the combination of Anderson and Kenji teaches
a common lifting device (Kenji 6, 7 para 0018) for both of the two receiving unit and therefore does not teach each of the at least two receiving unit further comprises a lifting device.
Guenther teaches
A magazine unit (4, 5) for consumable material (3), comprising;
at least two receiving units (bases of 4, 5 and elements 6, 7) for consumable material (3), with at least one protective element (walls of 4 or 5) arranged between the at least two receiving units (see fig. 1)
at least one removal position (see combined annotated fig. 1 and fig. 2) and
at least two filling positions (see combined annotated fig. 1 and fig. 2), and
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see combined annotated fig. 1 and fig. 2) and, at least one of the at least two filling positions (see combined annotated fig. 1 and fig. 2)
and wherein each of the at least two receiving unit further comprises a lifting device (6, 7 para 0012-0013).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lifting device of the combination of Anderson and Kenji such that each of the receiving units comprises a lifting device, as taught by Guenther, in order to provide the predictable result of allowing easy loading of the consumable material while allowing simultaneous processing/usage of the consumable material (Guenther: para 0012-0013).
Regarding claim 20, as shown in claim 19, the combination of Anderson and Kenji teaches
a common lifting device (Kenji 6, 7 para 0018) for both of the two receiving unit and therefore does not teach each of the at least two receiving unit further comprises a lifting device.
Guenther teaches
A magazine unit (4, 5) for consumable material (3), comprising;
at least two receiving units (bases of 4, 5 and elements 6, 7) for consumable material (3), with at least one protective element (walls of 4 or 5) arranged between the at least two receiving units (see fig. 1)
at least one removal position (see combined annotated fig. 1 and fig. 2) and
at least two filling positions (see combined annotated fig. 1 and fig. 2), and
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see combined annotated fig. 1 and fig. 2) and, at least one of the at least two filling positions (see combined annotated fig. 1 and fig. 2)
and wherein each of the at least two receiving unit further comprises a lifting device (6, 7 para 0012-0013).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lifting device of the combination of Anderson and Kenji such that each of the receiving units comprises a lifting device, as taught by Guenther, in order to provide the predictable result of allowing easy loading of the consumable material while allowing simultaneous processing/usage of the consumable material (Guenther: para 0012-0013).
Regarding claim 23, as shown in claim 9, the combination of Anderson and Kenji does not teach
wherein the at least two receiving units (themselves) are configured to be movable perpendicularly to the straight line because in Kenji, the consumable material is moved perpendicularly to the straight line by a common pedestal (9, para 0018) for both receiving units.
Guenther teaches
A magazine unit (4, 5) for consumable material (3), comprising;
at least two receiving units (bases of 4, 5 and elements 6, 7), with at least one protective element (walls of 4 or 5) arranged between the at least two receiving units (see fig. 1)
at least one removal position (see combined annotated fig. 1 and fig. 2) and
at least two filling positions (see combined annotated fig. 1 and fig. 2), and
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see combined annotated fig. 1 and fig. 2) and, at least one of the at least two filling positions (see combined annotated fig. 1 and fig. 2),
and wherein the at least two receiving units are configured to be movable perpendicularly to the movement direction of the receiving units between removal and filling positions (6, 7 para 0012-0013, fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement device of the combination of Anderson and Kenji such that each of the receiving units are movable perpendicularly movement direction between the removal and filling positions, as taught by Guenther, in order to provide the predictable result of allowing easy, reliable and safe loading of the consumable material while allowing simultaneous processing/usage of the consumable material (Guenther: para 0012-0013). Additionally, providing independent perpendicular drives for the receiving units allows one receiving unit to be serviced while allowing the other one to continue operation. Lastly, a skilled artisan would have recognized that the modification of the combination of Anderson and Kenji with the teachings of Guenther involves no more than the predictable use of prior art elements according to their established functions. The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. KSR, 550 U.S. at 416
Regarding claim 24, as shown in claim 12, the combination of Anderson and Kenji teaches
wherein the at least two receiving units are configured to be movable in a straight line (Kenji: see figs. 1-2).
In Kenji, the consumable material is moved perpendicularly to the straight line by a common pedestal (9, para 0018) for both receiving units and therefore the combination of Anderson and Kenji does not teach wherein each of the at least two receiving units (themselves) are configured to be movable perpendicularly to the straight line.
Guenther teaches
A magazine unit (4, 5) for consumable material (3), comprising;
at least two receiving units (bases of 4, 5 and elements 6, 7), with at least one protective element (walls of 4 or 5) arranged between the at least two receiving units (see fig. 1)
at least one removal position (see combined annotated fig. 1 and fig. 2) and
at least two filling positions (see combined annotated fig. 1 and fig. 2), and
wherein each of the at least two receiving units is configured to be movable between the at least one removal position (see combined annotated fig. 1 and fig. 2) and, at least one of the at least two filling positions (see combined annotated fig. 1 and fig. 2),
and wherein the at least two receiving units are configured to be movable perpendicularly to the movement direction of the receiving units between removal and filling positions (6, 7 para 0012-0013, fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement device of the combination of Anderson and Kenji such that each of the receiving units are movable perpendicularly movement direction between the removal and filling positions, as taught by Guenther, in order to provide the predictable result of allowing easy, reliable and safe loading of the consumable material while allowing simultaneous processing/usage of the consumable material (Guenther: para 0012-0013). Additionally, providing independent perpendicular drives for the receiving units allows one receiving unit to be serviced while allowing the other one to continue operation. Lastly, a skilled artisan would have recognized that the modification of the combination of Anderson and Kenji with the teachings of Guenther involves no more than the predictable use of prior art elements according to their established functions. The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. KSR, 550 U.S. at 416
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Kenji and in further view of USPGP# 20060106487 of Allen et al. (henceforth Allen).
Regarding claim 11, as shown in claim 8, the combination of Anderson and Kenji does not teach
at least one protective device is assigned to the at least one removal position, wherein the protective device is configured to prevent any manual intervention during ongoing production operation in the receiving unit arranged in the removal position .
Allen teaches
a magazine unit (20) for consumable material (40a, 40b, 40c) comprising a removal position (position shown in fig. 2) wherein at least one protective device (23) is assigned to the at least one removal position, wherein the protective device is configured to prevent any manual intervention during ongoing production operation in the receiving unit arranged in the removal position (para 0018).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the magazine unit of the combination of Anderson and Kenji, with the addition of a protective device, as taught by Allen, in order to provide the predictable result of ensuring operator safety during operation of the machine.
Response to Arguments
Applicant’s arguments filed on 9/4/2026 have been fully considered:
Applicant’s arguments regarding claims 8, 12 and 22, have been fully considered but are not persuasive.
Regarding claims 8 and 12, Applicant contends that Guenther and Kenji do not teach receiving units comprising a frame in addition to a protective element.
The term frame is a broad term which encompasses any structure for supporting consumable materials. As such the bases of the receiving units, on which the consumable material rest, are being interpreted as the “frame” of the receiving units of both Kenji and Guenther. Applicant is advised to further define the structure of the frame (such as uprights extending perpendicular to a base of the receiving unit) to overcome the art as applied.
Regarding claim 22, Applicant states Guenther and Kenji do not teach receiving units being movable in a straight line and perpendicular to the straight line
Kenji teaches straight line movement of the receiving units (see figs. 1-2). Additionally, Kenji teaches it is desirable to move the consumable material perpendicular to the straight line in order to process the consumable material. Kenji accomplishes this by using a common pedestal 9 (see para 0018). Guenther teaches the receiving units are themselves movable perpendicular to a movement direction between the removal and filling positions, in order to process the consumable material. Therefore, the combination of Kenji and Guenther teaches dual movement as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Please note that the above claims can also be rejected with Anderson in view of Guenther and in further view of Kenji
US 10934108 of Allen also teaches a protective element 110 as claimed.
US 11299308 of Cao also teaches a protective element 400 as claimed.
US 20100310349 of Bonhomme also teaches a protective element 15, para 0032 as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 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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/M.A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
