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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “each decorating unit is arranged in a position radially more internal than the associated support member, with respect to a central axis of the rotary conveyor and therefore radially more internal with respect to the containers carried on the support member” in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 2 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bast et al. (EP 2960057) in view of Uptergrove (US Patent 9,032,872).
With respect to claim 1, Bast et al. teaches a decoration machine for decorating containers adapted to contain a pourable product, the machine comprising:
- a rotary conveyor (40, 44) for conveying a plurality of containers (2) along a decoration path by means of a rotary movement (Figure 7);
- a plurality of support members (4, 5) mounted on the conveyor (40, 44) for being advanced by the conveyor (40, 44) along the decoration path (Paragraph 0023), each support member (5) being integral with said rotary movement and configured to support in advancement a respective container (Paragraphs 0061, 00078);
- a plurality of decorating units (1, 7) comprising laser devices each configured to print or engrave a decoration on a respective container (note paragraph 0059 indicates that the decoration applicator can be laser); and
wherein each decorating unit (1, 7) is mounted on the conveyor (40, 44 via base 5), is integral with the rotary movement of the conveyor (40, 44 and Figure 7), and is arranged for decorating each container (2) being supported and conveyed along decoration path by a respective support member (4, 5), each decorating unit being associated to the respective support member (4, 5), for printing or engraving a decoration on the respective container supported and conveyed thereon (Paragraphs 0060, 0061, 0083, 0088).
However, Bast et al. does not explicitly disclose wherein each decorating unit is arranged in a position radially more internal than the associated support member, with respect to a central axis of the rotary, and therefore radially more internal with respect to the containers carried on the support members. Uptergrove teaches decorating units (100a-100e) each decorating unit (100a-100e) is arranged in a position radially more internal than associated support members (20, Figure 6), with respect to a central axis of the rotary conveyor (Column 3, Lines 50-58), and therefore radially more internal with respect to containers (10) carried on the support members (20).
It would have been obvious to one of ordinary skill in the art before the present invention was made to modify the invention taught by Bast et al. to provide decorating units arranged in a position radially more internal than associated support members, with respect to a central axis of the rotary conveyor, and therefore radially more internal with respect to containers carried on the support members as taught by Uptergrove for the purpose of providing the printheads with a more direct contact with the container.
With respect to claim 2, Bast et al. teaches the conveyor (40, 44) comprises a carousel (44) rotatable about a central axis (refer to marked-up Figure 7 in the detailed action), so that said decoration path is arc-shaped (Figure 7), the support members (4, 5) are mounted on a radial periphery of the carousel (44, Figure 7), with respect to said axis (Figure 7), wherein the decorating units (1) are mounted on said periphery (Figure 7).
With respect to claim 5, Bast et al. teaches the claimed invention with the exception of wherein each of the decorating units is mounted on the carousel in a movable manner, in an axial direction and/or in a radial direction, with respect to axis X, and relatively to the associated support member and wherein the machine is configured for axially and/or radially moving each of the decorating units relatively to the associated support member, during a changeover operation or during production, automatically and based on at least one input of an operator.
Uptergrove teaches decorating units (100a-d) is mounted on the carousel (90, 150) in a movable manner (Figure 6), in an axial direction and/or in a radial direction, with respect to axis X, and relatively to the associated support member (20, Column 6, Lines 18-23, Figure 6) and wherein a machine (5) is configured for axially and/or radially moving each of the decorating units relatively to the associated support member (Figure 6, Column 6, Lines 18-23), during a changeover operation or during production, automatically and based on at least one input of an operator (note; the last limitation appears to part of a method process and does not further define the machine).
It would have been obvious to one of ordinary skill in the art before the present invention was made to modify the invention taught by Bast et al. to provide each of the decorating units mounted on the carousel in a movable manner, relatively to the associated support member and wherein the machine is configured for axially and/or radially moving each of the decorating units relatively to the associated support member, as taught by Uptergrove for the purpose of providing the.
With respect to claim 6, Uptergrove teaches all the decorating units (100a-d) are movable simultaneously in the axial direction and/or in the radial direction (Column 6, Lines 18-23, Figure 6).
With respect to claim 7, Bast et al. teaches each support member (4, 5) comprises:
a respective support plate (5) for receiving and supporting a container (2, refer to marked-up Figure 1); and
a respective actuator (15) for automatically driving an axial movement of the plate, relatively to the carousel, based on at least one input of an operator and during production or a changeover operation (note; the last limitation appears to part of a method process and does not further define the machine).
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Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bast et al. (EP 2960057) in view of in view of Uptergrove (US Patent 9,032,872) as applied to the claims above, and further in view of Gertlowski et al. (DE 102020132134).
With respect to claim 4, Bast et al., as modified, teaches the claimed invention including with the carousel (44), however Bast et al. is silent with respect to mounting of the carousel that has an axially lower frame and an axially upper frame, with respect to direction of gravity; and wherein the decorating units are mounted on the upper frame and the support members are mounted on the lower frame.
Gertlowski et al. teaches a carousel (101) has an axially lower frame and an axially upper frame (refer to marked-up Figure 2 in the detailed action), with respect to the direction of gravity; and wherein the decorating units are mounted on the upper frame and the support members are mounted on the lower frame (refer to marked-up Figure 2 in the detailed action).
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It would have been obvious to one of ordinary skill in the art before the present invention was made to further modify the invention taught by Bast et al., as modified, to provide axially upper and axially lower frames as taught by Gertlowski et al. for the purpose of providing the maintenance effort as low as possible, in order for the decorating units be exchanged in a short time without the need for complicated locking processes.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bast et al. (EP 2960057) in view of Uptergrove (US Patent 9,032,872) as applied to the claims above, and further in view of Zoni (EP 2749501).
With respect to claim 8, Bast et al., as modified, teaches the claimed invention with the exception of machine comprises a labelling unit, the machine configured so that the labelling unit labels sequentially the conveyed containers at least at a second angular position with respect to said axis and each decorating unit decorates each container supported by the associated support member at least at a first angular position with respect to said axis, the second angular position being different with respect to the first angular position.
Zoni teaches a labelling unit (40), the machine configured so that the labelling unit (40) labels sequentially the conveyed containers at least at a second angular position with respect to said axis and each decorating unit decorates each container supported by the associated support member at least at a first angular position with respect to said axis, the second angular position being different with respect to the first angular position (Paragraphs 0043-0045, 0055).
It would have been obvious to one of ordinary skill in the art before the present invention was made to further modify the invention taught by Bast et al., as modified, to provide a labeling device as taught by Zoni for the purpose of providing a decoration to a bottle while the bottle is rotated and thereby the label would be effectively held to the external surface of the container that avoids peel-off.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bast et al. (EP 2960057) in view of Uptergrove (US Patent 9,032,872) and Zoni (EP 2749501) as applied to the claims above, and further in view of Gertlowski et al. (DE 102020132134)
With respect to claim 9, Bast et al., as modified, teaches the claimed invention including the machine configured so that the labelling unit (40) labels (41) sequentially the conveyed containers at least at a second axial height with respect to said axis and relatively to the carousel unit (Paragraphs 0043-0045, 0055) as taught by Zoni.
However, Bast et al., as modified, does not explicitly disclose decorating unit decorates each container supported by the associated support member at least at a first axial height with respect to said axis and relatively to the carousel, the second height being different with respect to the first height. Gertlowski et al. teaches decorating unit (103) decorates each container (130) supported by the associated support member (102) at least at a first axial height with respect to said axis and relatively to the carousel (101), the second height being different with respect to the first height (Figure 2).
It would have been obvious to one of ordinary skill in the art before the present invention was made to further modify the invention taught by Bast et al., as modified, to provide decorating unit supported by the associated support member at least at a first axial height with respect to said axis and relatively to the carousel, the second height being different with respect to the first height as taught by Gertlowski et al. for the purpose of ensuring the bottles can decorate various locations on the containers.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over are rejected under 35 U.S.C. 103 as being unpatentable over Bast et al. (EP 2960057) in view of Uptergrove (US Patent 9,032,872), as applied to the claims above, and further in view of Kraus et al. (EP 2698256).
With respect to claim 11, Bast et al., as modified, teaches the claimed invention with the exception of an aspirator device configured for sucking residual particles of each container following the engraving thereof by means of a laser device.
Kraus et al. teaches an aspirator device (22) configured for sucking residual particles of each container.
It would have been obvious to one of ordinary skill in the art before the present invention was made to modify the invention taught by Bast et al. to provide an aspirator as taught by Kraus et al for the purpose of sucking printing mist out of the vicinity of the print head.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 4-9 and 11 have been considered but are moot in view of the new grounds of the current rejection.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA LIANA FERGUSON SAMRETH whose telephone number is (571)272-2163. The examiner can normally be reached M-F 8 a.m.-5 p.m.
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/Marissa Ferguson-Samreth/Examiner, Art Unit 2853
/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852