DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE 10 2022 204 079.1, filed on April 27th 2022.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on October 27th 2024 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the references cited therein are considered by the examiner.
Claim Interpretation
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. 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 1 recites the phrase “transport elements” x 3.
Claim 3 recites the phrase “transport elements”.
Claim 4 recites the phrase “transport element” x 2.
Claim 5 recites the phrase “transport elements”.
Claim 6 recites the phrase “transport element” x 2.
Claim 6 recites the phrase “transport elements”.
Claim 7 recites the phrase “transport elements”.
Claim 9 recites the phrase “transport element” x 2.
Claim 10, recites the phrase “transport element”.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the phrase “A system for packing products, in particular…” This phrase is deemed indefinite because it is unclear whether hygiene products are being packaged or not.
Claim 1 recites “…at least in regions…” This claim is deemed indefinite because it is unclear which regions the packaging unit is in, if they are even located in the regions. Additionally, what is the relation of said regions to the packaging unit.
Claim 1 recites the phrase “…wherein the control unit is configured to control actuators on the transport surface and/or on the transport elements…” This claim is deemed indefinite because it is unclear whether the control unit controls actuators on the transport surface or the transport elements.
Claim 1 recites the phrase “…independently of one another and simultaneously…” This claim is deemed indefinitely because it is unclear whether the transport elements are movable relative to the transport surface independently or simultaneously.
Claim 1 recites the phrase “…in a speed and/or position…” This claim is deemed indefinite because it is unclear whether a speed or position controlled manner is used.
Claim 1 recites the phrase “…individual products and/or groups…” This claim is deemed indefinite because it is unclear whether individual products or group products are being positively recited.
Claim 1 recites the phrase “…and/or to move and/or manipulate individual products and/or groups…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim 1 recites the phrase “…several individual products and/or the packaging material…” This claim is deemed indefinite because it is unclear whether individual products or the packaging material is being positively recited.
Claim 4 recites the phrase “…to change position and/or and orientation…” This claim is deemed indefinite because it is unclear whether the position or orientation is being positively recited.
Claim 4 recites the phrase “…and/or to change a position and/or and orientation…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim 6 recites the phrase “A method for packaging products, in particular…” This phrase is deemed indefinite because it is unclear whether hygiene products are being packaged or not.
Claim 6 recites “…at least in regions…” This claim is deemed indefinite because it is unclear which regions the packaging unit is in, if they are even located in the regions. Additionally, what is the relation of said regions to the packaging unit.
Claim 6 recites the phrase “…individual product and/or a group…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim 6 recites the phrase “…several individual products and/or the packaging material…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim 6 recites the phrase “…manipulate and/or moved…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim 6 recites the phrase “…during at least one process step and/or for transport between two process steps…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim 6 recites the phrase “…speed and/or position…” This claim is deemed indefinite because it is unclear what it being positively recited.
Claim 7, Examiner notes that claim 7 has not been further treated by prior art. However, as presented, the claims are not deemed allowable and clarity is needed to provide and understanding of the claim and the protection sought. Applicant is required to review the claims for clarity and definiteness. In the instant case, it is unclear how weight can be determined from setting a force.
Claim 9 recites the phrase “…in order to position and/orient the transported item…” This claim is deemed indefinite because it is unclear what it being positively recited.
Claim 9 recites the phrase “and/or a position and/or an orientation of a transport element…” This claim is deemed indefinite because it is unclear what is being positively recited.
Claim Rejections - 35 USC § 102
9. 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.
10. Claim(s) 1-6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patuzzi et al. (US 2022/0258889; “Patuzzi”).
Regarding claim 1, Patuzzi discloses a system (1) for packaging products (P), in particular for packaging hygiene products such as diapers, panty liners, sanitary pads, incontinence products, wet wipes, toilet paper (G), paper towel rolls or the like (Fig. 1), which is configured to combine individual products (G) in several process steps in a packaging unit (Figs. 3-6) comprising a packaging material (F) and several individual products (G) surrounded by the packaging material (F) at least in regions, wherein the system (1) comprises a transport system (8, 13) with a transport surface (the surface of element 8), with several transport elements (13.2) and with a control unit (para. [0077]), wherein the control unit (para. [0077]) is configured to control actuators (para. [0077]) on the transport surface (13.1) and/or on the transport elements (13.2), so that the transport elements (13.2) are movable relative to the transport surface (the surface of element 8) independently of one another and simultaneously in a speed and/or position controlled manner (Figs. 1 and 3-6), and wherein at least some of the transport elements (13.2) are configured to move individual products (G) and/or groups comprising several individual products (G) for transport between two process steps and/or to move and/or manipulate individual products (G) and/or groups comprising several individual products (G) and/or the packaging material during at least one process step (Figs. 1 and 3-6).
Regarding claim 2, Patuzzi discloses wherein a function unit (13.3) for performing a process step is provided on a transport element (13.2).
Regarding claim 3, Patuzzi discloses wherein the control unit (para. [0077]) is configured to move two or more transport elements (13.2) relative to the transport surface (the surface of element 8) in coordinated manner for performing a process step (Fig. 1).
Regarding claim 4, Patuzzi discloses wherein the control unit (para. [0077]) is configured to change a position and/or an orientation of a transport element (13.2; the elements rotate 180 degrees) with a received transported item (R) relative to the transport surface (the surface of element 8) for a subsequent process step, and/or to change a position and/or an orientation of a transport element (20) relative to the transport surface (21) for receiving a transported item.
Regarding claim 5, Patuzzi discloses wherein the control unit (para. [0077]) is configured to jointly convey two or more transport elements (13.2) with received groups of individual products (G) to a subsequent process step (Fig. 1).
Regarding claim 6, Patuzzi discloses a method for packaging products (P; Figs. 1, 3-6), in particular for packaging hygiene products such as diapers, panty liners, sanitary pads, incontinence products, wet wipes, toilet paper (G), paper towel rolls or the like (Fig. 1), wherein individual products (G) are combined in several process steps in a packaging unit (Figs. 3-6) comprising a packaging material (F) and several individual products (G) surrounded by the packaging material (F) at least in regions, wherein an individual product (G) and/or group comprising several individual products (G) and/or the packaging material (F) are manipulate and/or moved by a transport element (13.2) moved relative to a transport surface (the surface of element 8) in controlled manner during at least on process step and/or for transport between two process steps, wherein the transport element (13.2) and the transport surface (the surface of element 8) are parts of a transport system (13) comprising the transport surface (the surface of element 8) and several transport elements (13.2) movable relative to the transport surface (the surface of element 8) independently of one another and simultaneously in a speed and/or position controlled manner (Fig. 1).
Regarding claim 8, Patuzzi discloses wherein two or more transport elements (13.2) are moved relative to the transport surface (the surface of element 8) in coordinated manner for performing a process step (Fig. 1).
Regarding claim 9, Patuzzi discloses wherein a position and/or an orientation of a transport element (13.2) with a received transported item (R) is changed relative to the transport surface (the surface of element 8) in order to position and/or an orient the transported item for a process step (the elements rotate 180 degrees), and/or a position and/or an orientation of a transport element relative to the transport surface is changed for receiving a transported item.
Regarding claim 10, Patuzzi discloses wherein two or more transport elements (13.2) with received groups of individual products (G) are conveyed jointly to a subsequent process step (Fig. 1).
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731