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 Preliminary Amendment filed 01/16/2025 .
The status of the Claims is as follows:
Claims 1-10 have been amended;
Claims 1-10 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/02/2024 was filed after the mailing date of the Application on 12/02/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cheich et al. (US 20200180256; Cheich)
Regarding Claim 1 Cheich discloses a device (200) for converting a starting material into a padding material for filling the empty volume in a container (par 109), comprising a discharging section (222) for discharging the padding material and a finishing unit (240) which is arranged upstream of the discharging section (222) and which finishes the padding material, wherein the finishing unit (240) has a translationally movable carriage (304) and a finishing section (300) which is releasably and exchangeably fastened to the carriage (304) and which can be moved at least partially into a conveying channel (par 124) for the padding material by a movement of the carriage (304).
Regarding Claim 2 Cheich discloses the invention as described above. Cheich further discloses the finishing section (300) comprises a cutting section (302, 303).
Regarding Claim 3 Cheich discloses the invention as described above. Cheich further discloses the finishing section comprises a perforation section (par 122).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over by Cheich (US 20200180256) in view of Calogero US 20060168912.
Regarding Claim 4 Cheich discloses the invention as described above. Cheich discloses the finishing section (300) is one of a set of differently designed finishing sections.
However Cheich does not expressly teach the finishing section is one of a set of differently designed finishing sections.
Calogero teaches a device for converting a starting material into a padding material. Calogero further discloses the finishing section is one of a set of differently designed finishing sections providing a variety of shapes and sizes of padding for the purposes of improving the efficiency of the apparatus (par 8, 10, 14, 22-23, 28-34, 56-57)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the finishing section of Cheich to include the finishing section is one of a set of differently designed finishing sections as taught by Calogero since par 8, 10, 56-57 of Calogero suggests that such a modification provides
Regarding Claim 5 Cheich discloses the invention as described above. Cheich discloses the finishing section (300)
However Cheich does not expressly teach the set of finishing sections comprises finishing sections of different lengths and/or finishing sections of different shapes.
Calogero teaches a device for converting a starting material into a padding material. Calogero further discloses the finishing sections of different lengths and/or finishing sections of different shapes providing a variety of shapes and sizes of padding for the purposes of improving the efficiency of the apparatus (par 8, 10, 14, 22-23, 28-34, 56-57)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the finishing section of Cheich to include finishing sections of different lengths and/or finishing sections of different shapes as taught by Calogero since par 8, 10, 56-57 of Calogero suggests that such a modification provides
Allowable Subject Matter
Claims 6-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 6 the Prior Art does not teach the carriage has a slot-like guide in which a guide block engages, which is connected to a drive and which can carry out an eccentric rotary movement.
Regarding Claim 10 the closest Prior Art, Chesterton (US 20030073558) teaches a Method for operating a device according to claim 1, comprising the following steps:
a. manually actuating an input unit (123) for triggering an operation of the conveying device (84, 66, 77); (par 33)
d. ending the manual actuation of the input unit; and
e. automatically driving the finishing unit (96, 106) after the manual actuation of the input unit has ended so that the padding material is cut. (par 32-34)
However, the Prior Art does not teach b. time- or length-controlled, automatic, short-term switching off of the conveying device during the continuous actuation of the input unit;
c. automatically driving the finishing unit during the short-term, automatic switching off of the conveying device so that a perforation is produced;
Conclusion
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
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