DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s preliminary amendment filed 12/5/2024 has been entered.
Claims 1-16 are pending.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/5/2024, 1/16/2025 and 3/14/2025 are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because they include the following reference character(s) not mentioned in the description: “BA” in Figure 3 as well as what appears as a lightning symbol in Figure 3 which is also not described within the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 2, 4-11 and 15 are objected to because of the following informalities:
-Claim 1, line 5, “the rear side” should instead be “a rear side”.
-Claim 2, line 3, “wherein contacting step” should instead be “wherein the contacting step”.
-Claim 4, line 2, “a respective contact bar” would be better recited as “the respective contact bar”.
Claim 4, lines 3-4, “a respective flat packaging blank” would be better recited as “the respective flat packaging blank”.
-Claim 5, line 3, “an upward direction” would be better recited as “the upward direction”.
-Claim 6, line 2, “a respective contact bar” would be better recited as “the respective contact bar”.
-Claim 6, line 6, “a horizontal direction” would be better recited as “the horizontal direction”.
-Claim 6, line 7, “when the surface contact is removed” would be better recited as “when the surface contact with the respective at least one article”.
-Claim 7, line 2, “a respective contact bar” would be better recited as “the respective contact bar”.
-Claim 8, line 2, “having a polygonal” would be better recited as “have a polygonal”.
-Claim 9, lines 5-6, “a respective contact bar” would be better recited as “the respective contact bar”.
-Claim 10, line 6, “the rear side” should instead be “a rear side”.
-Claim 10, line 8, “the plurality of contact bar (8) has a movement” would be better recited as “the plurality of contact bars (8) have a movement”.
-Claim 10, line 12, “a respective multipack” would be better recited as “the respective multipack”.
-Claim 11, lines 3, “a respective multipack” would be better recited as “the respective multipack”.
-Claim 15, line 6, “which can fold” should instead be “configured to fold” or “folds”.
-Appropriate correction is required.
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 1-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, line 7 recites “contacting, temporarily, the flat packaging blanks”. This limitation renders the claim indefinite as it is unclear as to what “temporarily” is referring to and intended to encompass and what can be readily viewed as temporary contact.
Further regarding Claim 1, line 4 recites “a respective contact bar” and line 8 recites “the contact bars”. This renders the claim indefinite as a plurality of “contact bars” lacks antecedent basis as “a respective contact bar” is singular.
Claims 2-4, 6-7, 9-11 and 13 also refer to the temporary contact and therefore the claims are rendered indefinite for the reasoning outlined above.
Further regarding Claim 2, line 6, “the first time” lacks antecedent basis and therefore renders the claim indefinite.
Even further regarding Claim 2, line 3-6 recite “wherein contacting step further comprises temporarily contacting a rear side of the flat packaging blank (5), with the respective contact bar (8), for the first time subsequent to the accompaniment of the respective multipack”. This limitation renders the claim indefinite as Claim 1 recites “a respective contact bar (8) accompanies a respective multipack (4), in contact therewith on the rear side” followed by “contacting, temporarily, the flat packaging blanks”. First, Claim 2 refers to a singular blank while Claim 1 refers to “blanks” and therefore it is unclear if Claim 2 is referring to the same steps of Claim 1 or a different step of an individual blank. Second, it is unclear what “subsequent to the accompaniment of the respective multipack” is attempting to refer to. It is unclear if the accompaniment is referring to a contact that doesn’t include the blank (i.e. only the articles) or if this is referring to something else.
Claims 5 and 8 depend from at least one of the claims outlined above and therefore are rendered indefinite.
Regarding Claim 10, lines 6-7 recite “a certain portion of the transport section”. This limitation renders the claim indefinite as it is unclear as to what is meant by “a certain portion”.
Further regarding Claim 10, lines 11-12 recite “leads to a temporary contacting of a respective flat packaging blank”. This renders the claim further indefinite it is unclear what “temporary contacting” is referring to in the manner of what structures are contacting. It can be speculated that this is referring to contact between the bar and pack but this is not readily clear.
Regarding Claim 15, line 8 recites “the endless traction device” but this limitation lacks antecedent basis within the claim and therefore renders the claim indefinite.
Claims 5, 8, 12, 14 and 16 depend from at least one of the claims outlined above and therefore are also rendered indefinite.
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 1-5, 7, 8, and 10-16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by May (US PGPUB 2013/0042580).
Regarding Claim 1, May discloses method for conveying and manipulating multipacks (3 including containers C; Figure 13E), comprising:
conveying multipacks (3), each comprising a flat packaging blank (5), along a transport section (processing path “P”), wherein a respective contact bar (47, 61 of lug assembly 46 / folding mechanism 45; Figures 7-9) accompanies a respective multipack (3), in contact therewith on a rear side (via 61; see Figure 12), as the multipack (3) is being conveyed along a portion (folding section 29) of the transport section (along “P”; Para. 0051-0054), and
contacting, temporarily, the flat packaging blanks (5) of the multipacks (3) with the contact bars (47, 61) as the blanks are being conveyed along the transport section (P; Para. 0051-0054).
Regarding Claim 2, May discloses the contacting step further comprises temporarily contacting a rear side (panel 121) of the flat packaging blank (5), with the respective contact bar (61), for a time subsequent to the accompaniment of the respective multipack (3; note the 112 rejections above; as outlined in Paras. 0051-0054, lug 61 contacts panel 121 for a period after initial engagement of the lug with the pack).
Regarding Claim 3, May discloses the conveying step further comprises conveying the respective multipack (3) in a horizontal direction (along “P”) via a transport device (article positioning system 20) with a conveyor (67) on which the respective multipack (3) stands, while the respective contact bar (61) temporarily contacts the flat packaging blank (5) of the respective multipack (3; Para. 0049; note although the belt 67 is not explicitly recited as conveying the multipacks while lugs engage the multipack, this can be readily assumed as the lugs will not readily convey the multipack by itself).
Regarding Claim 4, May discloses the contacting step further comprises moving a respective contact bar (61) in an upward direction (during return movement) and during this movement, temporarily contacts a respective flat packaging blank (5) of the respective multipack (3) as the multipack is being conveyed (note the lug 61 will contact the blank as it moves along the upward return movement; Para. 0051-0054, 0061).
Regarding Claim 5, May discloses the moving step comprises moving the respective contact bar (61) obliquely in an upward direction with a directional component that is oriented along a horizontal direction of a transport direction (P) of the transport device (20; see tracks 56, 57 of Figure 16 in which the lugs follow which clearly shows at the end of the engagement, the lugs will follow an upward/oblique movement path in the manner as claimed).
Regarding Claim 7, May discloses the contacting step comprises rotating (with chain 58 about tracks 56, 57) the respective contact bar (61) with the respective contact bar (61) temporarily contacts the flat packaging blank (5) of the respective multipack (3; Para. 0051-0052 outlines rotational movement of the chain carrying the lugs and the pivotal connection of the lugs to the chain).
Regarding Claim 8, May discloses contact bars (61) having a polygonal cross-section (as shown, for example, in Figures 11, 18, 19).
Regarding Claim 10, May discloses an apparatus (11; Figure 1) for manipulating and conveying multipacks (3) along a transport section (along “P”), comprising:
a transport section (along “P”), and
a plurality of contact bars (47, 61), wherein individual contact bars (47, 61) are designed to accompany a respective multipack (3; Para. 0051-0054), with contact therewith on a rear side (via 61), as the multipack (3) is being conveyed along a certain portion of the transport section (“P”; 0051-0054), wherein the plurality of contact bar (47, 61) has a movement path coordinated with the multipacks (3) being conveyed such that conveying a respective multipack (3) along the transport section (“P) outside the certain portion (portion “P” wherein lug 61 engages pack) leads to a temporary contacting of a respective flat packaging blank (5) of a respective multipack (3; as outlined in Paras. 0051-0054, lugs 61 move downward into engagement with the panel 121 and the pack and engage the pack until the pack is discharged to compression belts 24 per Para. 0057, therefore such contact can be viewed as temporary and the pack conveys along other portions of path “P” without being engaged with the lug 61).
Regarding Claim 11, May discloses a transport device (20) with a conveyor (67), via which conveyor (67) a respective multipack (3) can be conveyed in a horizontal direction (along “P”) during a respective temporary contact of its flat packaging blank (5; note it can be readily assumed that belt 67 or other conveyor belt of 20 extends below the overhead lug conveyor 46 as the lugs themselves will not drive the bottle groups/packs; note alternative 103 rejection below).
Regarding Claim 12, May discloses the movement path for the contact bars (47, 61) is designed such that the respective contact bar (47, 61) is movable in an upward direction (via tracks 56 and chain 58; Para. 0061; Figure 16).
Regarding Claim 13, May discloses wherein the contact bars (47, 61) are arranged on at least one circulating endless traction device (chain 58; Figure 16) comprising a chain (58; Para. 0051), wherein the at least one circulating endless traction device (58) rotates a respective contact bar (47, 61) when the respective contact bar (47, 61) temporarily contacts the respective flat packaging blank (5; Para. 0051-0052 outlines rotational movement of the chain carrying the lugs and the pivotal connection of the lugs to the chain).
Regarding Claim 14, May discloses the plurality of contact bars (47, 61) having a polygonal cross-section (as shown, for example, in Figures 11, 18, 19).
Regarding Claim 15, May discloses an application device (chute 19, presser assembly 21) which is designed to apply flat packaging blanks (5) onto article groups (C), each comprising a plurality of articles (C; Para. 0046), and a closing module (i.e. folding station 45) which can fold front and rear tabs of applied flat packaging blanks (5), and wherein a respective range of an endless traction device (38) ends before the closing module (46; see Figure 6).
Note the 112 rejection above as “the endless traction device” lacks antecedent basis.
Regarding Claim 16, May discloses the upward movement (of 47, 61) is oblique and contains a directional component that is oriented along a horizontal direction of a transport direction (P) of the transport device (20; see tracks 56, 57 of Figure 16 in which the lugs follow which clearly shows at the end of the engagement, the lugs will follow an upward/oblique movement path in the manner as claimed).
Claims 1, 7-14 and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Nigrelli (US Patent 3,555,776).
Regarding Claim 1, Nigrelli discloses a method (Figures 1A-1B) for conveying and manipulating multipacks (groups of 4 and blank 11), comprising:
conveying multipacks (4, 11), each comprising a flat packaging blank (11), along a transport section (i.e. along rails 43a, 43b), wherein a respective contact bar (fingers 78 each form a “bar”) accompanies a respective multipack (4, 11), in contact therewith on a rear side (via 78 with trailing tray wall 19), as the multipack (4, 11) is being conveyed along a portion of the transport section (Col 3, lines 42-44 and Col 4, lines 7-16; see Figures 2A and 3-6), and
contacting, temporarily, the flat packaging blanks (11) of the multipacks (4, 11) with the contact bars (78) as the blanks (11) are being conveyed along the transport section (Col 3, lines 42-44 and Col 4, lines 7-16).
Regarding Claim 7, Nigrelli discloses the contacting step comprises rotating a respective contact bar (78) with the respective contact bar (78) temporarily contacts the flat packaging blank (11) of the respective multipack (4, 11; Figures 3-6 depict such rotation; Col 3, lines 40-50).
Regarding Claim 8, Nigrelli discloses the contact bars (78) having a polygonal cross-section (as shown).
Regarding Claim 9, Nigrelli discloses the flat packaging blanks (11) comprise cellulose-containing material (Col 2, lines 19-20), and the method furthering comprising bending upward (trailing tray wall 19) the flat packaging blanks (11) by the temporary contact with a respective contact bar (78; Col 3, lines 42-44 and Col 4, lines 7-16).
Regarding Claim 10, Nigrelli discloses an apparatus (machine of Figures 1A-1B) for manipulating and conveying multipacks (4, 11) along a transport section, comprising:
a transport section (shown in Figures 1A-1B and along rails 43a-43b), and
a plurality of contact bars (fingers 78), wherein individual contact bars (78) are designed to accompany a respective multipack (4, 11), with contact therewith on a rear side (trailing tray wall 19; Figures 3-6), as the multipack (4, 11) is being conveyed along a certain portion (folding section 29) of the transport section (Col 3, lines 42-44 and Col 4, lines 7-16), wherein the plurality of contact bars (78) have a movement path coordinated with the multipacks (4, 11) being conveyed such that conveying a respective multipack (4, 11) along the transport section outside the certain portion leads to a temporary contacting of a respective flat packaging blank (11) of a respective multipack (4, 11; Figures 1A-2A show the entire transport section only part of which the fingers 78 engage the blank; Col 3, lines 42-44 and Col 4, lines 7-16 outline contact of the folding fingers 78).
Regarding Claim 11, Nigrelli discloses a transport device (push rod conveyor 8 including push rods 35) with a conveyor (push rod conveyor 8), via which conveyor (8) a respective multipack (4, 11) can be conveyed in a horizontal direction during a respective temporary contact (via 78) of its flat packaging blank (11; Col 4, lines 7-25 outlines conveying the multipack with rods 35 until the fingers assume such conveyance).
Regarding Claim 12, Nigrelli discloses the movement path for the contact bars (78) is designed such that the respective contact bar (78) is movable in an upward direction (Col 3, lines 42-44 and Col 4, lines 7-16).
Regarding Claim 13, Nigrelli discloses the contact bars (78) are arranged on at least one circulating endless traction device (chains 77) comprising a chain (77; Col 3, lines 38-42), wherein the at least one circulating endless traction device (77) rotates a respective contact bar (78) when the respective contact bar (78) temporarily contacts the respective flat packaging blank (11; Col 3, lines 38-50).
Regarding Claim 14, Nigrelli discloses the plurality of contact bars (78) have a polygonal cross-section (as shown).
Regarding Claim 16, Nigrelli discloses the upward movement is oblique and contains a directional component that is oriented along a horizontal direction of a transport direction of the transport device (8; Col 3, lines 42-44 and Col 4, lines 7-16; shown in Figures 2A-6).
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 3-5, 11-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over May (US PGPUB 2013/0042580), in view of Hendricks (US PGPUB 2013/0111855).
Regarding Claims 3 and 11, assuming arguendo that the transport device (20) of May cannot be reasonably viewed as having a conveyor for transporting the multipack while the multipack and blank thereof is contacted with the contact bar, in which the Examiner does not concede to, attention is brought to Hendricks which outlines a similar multipack handling unit (“M” including 5, 10; Figure 1) and method of operation thereof which includes an overhead conveyor (10) comprising contact bars (41 of 11) configured to contact a multipack (P, C; Figure 2) and a transport device (5) comprising a conveyor (5) configured to transport the multipack (P, C) along a horizontal path (22) while the multipack (P, C) is in contact with the contact bars (41; Para. 0020).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized a conveyor in May to assist in transporting the multipack while in contact with the contact bars as taught by Hendricks. By utilizing such a conveyor, proper feeding and prevention of tilting of the containers can be ensured during contact of the multipack with the contact bars.
Regarding Claims 4-5, 12-14 and 16, refer to the previous 102 rejection.
Allowable Subject Matter/Examiner’s Note
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Examiner notes that the following proposed amendment to Claim 1 would appear to overcome the prior art cited:
1. (Proposed) A method for conveying and manipulating multipacks, comprising:
conveying multipacks, each comprising an article group and a flat packaging blank placed thereon, along a transport section,
wherein during the conveying, a respective contact bar, of a plurality of contact bars arranged on an endless traction device, initially contacts a rear side of a respective article group of a respective multipack as the multipack is being conveyed along a portion of the transport section, and
subsequent to initially contacting the rear side of the respective article group, moving the respective contact bar in an upward direction and contacting a respective flat packaging blank of the respective multipack to bend the respective flat packaging blank upward as the respective multipack is conveyed along the transport section.
Note: reference numerals previously included in the claim have been removed for clarity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. see “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 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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/JOSHUA G KOTIS/Examiner, Art Unit 3731 6/23/2026
