DETAILED ACTION
Response to Amendments
The amendment filed on 2/2/2026 has been entered.
Claims 1-6 and 8-21 remain pending in the application.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-3, 5-6 and 21 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by DE 1901300 of Guenther (henceforth Guenther).
Regarding claim 1, 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 annotated fig. 1 (second annotation))
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).
Regarding claim 2, as shown in claim 1, Guenther teaches
the magazine unit comprising two receiving units (4, 5) for consumable material (3), a single removal position (see combined annotated fig. 1 and fig. 2) and two filling positions (see combined annotated fig. 1 and fig. 2), wherein the removal position is arranged between the two filling positions (see combined annotated fig. 1 and fig. 2).
Regarding claim 3, as shown in claim 2, Guenther teaches
wherein, in a first work mode (fig. 2), a first receiving unit (4) is arranged in the first filling position (see combined annotated fig. 1 and fig. 2) and a second receiving unit (5) is arranged in the removal position (see combined annotated fig. 1 and fig. 2), and wherein, in a second work mode (fig. 1), the first receiving unit (4) is arranged in the removal position (see combined annotated fig. 1 and fig. 2) and the second receiving unit (5) is arranged in the second filling position (see combined annotated fig. 1 and fig. 2).
Regarding claim 5, as shown in claim 2, Guenther teaches
wherein the two receiving units are arranged on a carriage (1, 2), which is assigned to a carriage guide (see combined annotated fig. 1 and fig. 2), which carriage guide extends over the removal position and both filling positions (see combined annotated fig. 1 and fig. 2).
Regarding claim 6, as shown in claim 1, Guenther teaches
wherein each of the at least two receiving unit further comprises a lifting device (6, 7 para 0012-0013).
Regarding claim 21, 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) arranged on a carriage (see combined annotated fig. 1 and fig. 2), each comprising a lifting device (6, 7 para 0012-0013)
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 and at least one of the at least two filling positions (see combined annotated fig. 1 and fig. 2).
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Claims 1-5 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by JP 2000226126 of Kenji (henceforth Kenji).
Regarding claim 1, 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 1, para 0013) for consumable material (C), with at least one protective element (walls of 1) arranged between the at least two receiving units (see annotated fig. 1)
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).
Regarding claim 2, as shown in claim 1, Kenji teaches
the magazine unit comprising two receiving units (right and left 1) for consumable material (C), a single removal position (P1) and two filling positions (right and left P2 in fig. 2), wherein the removal position is arranged between the two filling positions (see figs.1-2).
Regarding claim 3, as shown in claim 2, Kenji teaches
wherein, in a first work mode (fig. 1), a first receiving unit (left 1) is arranged in the first filling position (P1, see fig. 1) and a second receiving unit (right 1) is arranged in the removal position (see fig. 1), and wherein, in a second work mode (fig. 2), the first receiving unit (left 1) is arranged in the removal position (see fig. 2) and the second receiving unit (right 1) is arranged in the second filling position (right P2, see fig. 2).
Regarding claim 4, as shown in claim 2, Kenji teaches
wherein the removal position and the two filling positions are arranged in a straight line (see fig. 2), wherein the receiving units are configured to be movable together in the straight line (para 0014-0015, see fig. 2).
Regarding claim 5, as shown in claim 2, Kenji teaches
wherein the two receiving units are arranged on a carriage (4), which is assigned to a carriage guide ( guide on which 4 rides as shown in annotated fig. 1), which carriage guide (5) extends over the removal position and both filling positions (see annotated fig. 1 and fig. 2).
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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 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Guenther in view of Kenji.
Regarding claim 4, as shown in claim 2, Guenther teaches
wherein the removal position and the two filling positions are arranged in a straight line (see combined annotated fig. 1 and fig. 2).
Guenther does not teach
wherein the receiving units are configured to be movable together in the straight line.
Kenji teaches
A magazine unit (device in fig. 1) for consumable material (C), comprising;
at least two receiving units (right and left units of 1, para 0013) for consumable material (C), with at least one protective element (walls of 1 as annotated in fig. 1) arranged between the at least two receiving units,
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 the removal position and the two filling positions are arranged in a straight line (fig. 2),
wherein the receiving units are configured to be movable together in the straight line (para 0014-0015, see fig. 2).
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 Guenther from a rotating one to a sliding 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 16, as shown in claim 6, Guenther 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 (right and left units of 1, para 0013) for consumable material (C), with at least one protective element (walls of 1 as annotated in fig. 1) arranged between the at least two receiving units,
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 the removal position and the two filling positions are arranged in a straight line (fig. 2),
wherein the receiving units are configured to be movable together in the straight line (para 0014-0015, see fig. 2),
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 Guenther from independently driven one to a common 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).
Claims 6, 16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kenji in view of Guenther.
Regarding claim 6, as shown in claim 1, Kenji teaches
a common lifting device (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 (4, 5) 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 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 16, as shown in claim 6, the combination of Kenji and Guenther teaches
wherein the at least two receiving units are coupled together and assigned to common drive (Kenji: para 0014).
Regarding claim 21, 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 1, para 0013) for consumable material (C) arranged on a carriage (4),
at least one removal position (P1, fig. 2) and at least two filling positions (se 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 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)).
Kenji teaches a common lifting device (6, 7 para 0018) for both of the two receiving unit and therefore does not teach each of the at least two receiving unit comprising a lifting device.
Guenther teaches
A magazine unit (4, 5) for consumable material (3), comprising;
at least two receiving units (4, 5) 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 comprising 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 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).
Claims 8 and 12-15 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 Guenther.
Regarding claim 8, Anderson teaches
A packaging apparatus (100) comprising;
packaging module (120, 130) for creating article groupings (70) with packaging (30) and
a magazine unit (110) storing the packaging that is provided as consumable material (30).
Anderson does not teach
wherein the magazine unit comprises at least two receiving units for 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; wherein at least one protective element is arranged between the at least two receiving units and wherein at least one protective element is arranged between the at least two 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) for consumable material (3),
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 at least one protective element (walls of 4, 5) is arranged between the at least two receiving units (see annotated fig. 1 (second annotation).
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 with the addition of two receiving units that are movable, as taught by Guenther, in order to provide the predictable result of continuous supplying of consumable material while increasing operator safety and comfort (Guenther: para 0007-0008).
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 for consumable material, at least one removal position and at least two filling positions, 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, wherein at least one protective element is arranged between the at least two receiving units.
Guenther teaches
providing a consumable material (3) in a magazine unit (4, 5), wherein the magazine unit comprises at least two receiving units (bases of 4, 5 and elements 6, 7) for consumable material (3), 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), wherein at least one protective element (walls of 4, 5) is arranged between the at least two receiving units (see annotated fig. 1 (second annotation).
configuring each of the at least two receiving units to be movable between the at least one removal position (see combined annotated fig. 1 and fig. 2) and one of the at least two filling positions (see combined annotated fig. 1 and fig. 2),
removing the consumable material (3) from one of the at least two receiving unit arranged in the removal position (para 0012, see combined annotated fig. 1 and fig. 2).
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 Guenther, in order to provide the predictable result of continuous supplying of consumable material while increasing operator safety and comfort (Guenther: para 0007-0008).
Regarding claim 13, as shown in claim 12, the combination of Anderson and Guenther 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 (Guenther: para 0012-0013).
Regarding claim 14, as shown in claim 13, the combination of Anderson and Guenther teaches
wherein the magazine unit comprises two receiving units (Guenther 4, 5) for consumable material (Guenther 3), a single removal position (Guenther see combined annotated fig. 1 and fig. 2) and two filling positions (Guenther see combined annotated fig. 1 and fig. 2), wherein the removal position is arranged between the two filling positions (Guenther see combined annotated fig. 1 and fig. 2), and wherein the magazine unit can be moved back-and-forth between a first work mode (Guenther AM1) and a second work mode (Guenther para 0012-0013).
Regarding claim 15, as shown in claim 14, the combination of Anderson and Guenther teaches
wherein, in the first work mode (Guenther: fig. 2), a first receiving unit (Guenther: 4) is arranged in the a first filling position (Guenther: see combined annotated fig. 1 and fig. 2) and is being filled with consumable material (Guenther: para 0012-0013), and
wherein, in the second work mode (Guenther: fig. 1), a second receiving unit (5) is arranged in a second filling position (Guenther: see combined annotated fig. 1 and fig. 2) and is being filled with consumable material (Guenther: para 0012-0013).
Claims 9-10 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Guenther and Kenji.
Regarding claim 9, as shown in claim 8, the combination of Anderson and Guenther 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 (Guenther: see combined annotated 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 Guenther, the modified magazine will also be parallel).
The combination of Anderson and Gunther does not teach
wherein the receiving units are configured to be movable in the straight line.
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 1, para 0013) for consumable material (C), with at least one protective element (walls of 1) arranged between the at least two receiving units (see annotated fig. 1)
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 the removal position and the two filling positions are arranged in a straight line (fig. 2),
wherein the receiving units are configured to be movable together in the straight line (para 0014-0015, see fig. 2).
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 Guenther from a rotating one to a sliding 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 10, as shown in claim 9, the combination of Anderson, Guenther and Kenji teaches
wherein the at least one removal position and the at least two filling positions are arranged parallel to the transport device (Guenther: see combined annotated fig. 1 and fig. 2, Kenji: see fig. 2).
Regarding claim 17, as shown in claim 8, the combination of Anderson and Guenther 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 1, para 0013) for consumable material (C), with at least one protective element (walls of 1 as annotated in fig. 1) arranged between the at least two receiving units,
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 the removal position and the two filling positions are arranged in a straight line (fig. 2),
wherein the receiving units are configured to be movable together in the straight line (para 0014-0015, see fig. 2),
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 Guenther from independently driven one to a common 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 18, as shown in claim 17, the combination of Anderson, Guenther and Kenji teaches
wherein each of the at least two receiving units further comprise a lifting device (Guenther 6, 7 para 0012-0013).
Regarding claim 19, as shown in claim 12, the combination of Anderson and Guenther does 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 1, para 0013) for consumable material (C), with at least one protective element (walls of 1 as annotated in fig. 1) arranged between the at least two receiving units,
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 the removal position and the two filling positions are arranged in a straight line (fig. 2),
wherein the receiving units are configured to be movable together in the straight line (para 0014-0015, see fig. 2),
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 Guenther from independently driven one to a common 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 20, as shown in claim 19, the combination of Anderson, Guenther and Kenji teaches
wherein each of the at least two receiving units further comprise a lifting device (Guenther 6, 7, para 0012-0013).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Guenther 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 Guenther 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 Guenther, 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.
.
Claims 8-10, 12-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Kenji.
Regarding claim 8, Anderson teaches
A packaging apparatus (100) comprising;
packaging module (120, 130) for creating article groupings (70) with packaging (30) and
a magazine unit (110) storing the packaging that is provided as consumable material (30).
Anderson does not teach
wherein the magazine unit comprises at least two receiving units for 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 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)
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).
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 for 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) for 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) for consumable material (Kenji: C), 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)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Kenji and in further view of 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.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Anderson and Kenji in view of Guenther.
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, Guenther 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).
Response to Arguments
Applicant’s arguments filed on 2/2/2026 have been fully considered:
Applicant’s arguments regarding claims 1, 8 and 12, have been fully considered but are not persuasive.
Regarding claims 1, 8 and 12 and the Guenther reference, Applicant contends that the elements 4, 5 do not separate one receiving unit from the other and elements 4, 5 are tables that operate independently of each other.
Examiner is interpreting the confining walls of 4 and the confining walls of 5 as the protective element (see annotated fig. 1 (second annotation)). The base of the tables 4, 5 is the receiving unit since the consumable material are received there. The structure, as annotated, protect the consumable material and therefore, the claims as recited are anticipated.
Regarding claims 1, 8, and 12 and the Kenji reference, Applicant contends that the walls (which the Examiner has interpreted as the protective element) of card stockers 1 (receiving units) are not distinct from each other, whereas the claims require the protective element to be distinct from the receiving units.
Examiner is interpreting the vertical walls of 1 as the protective element (see annotated fig. 1). The base of the unit 1 is the receiving unit since the consumable material are received there. The wall structure, as annotated, protect the consumable material and therefore, the claims as recited are anticipated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example:
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.
See attached PTO-892 for additional relevant art.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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
/ANNA K KINSAUL/Supervisory Patent Examiner, Art Unit 3731
Prosecution Insights