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 .
This Office Action is in response to the applicant’s filing on 12/17/2024.
Claims 1-13 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/17/2024, 01/18/2025, and 09/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 film carriage as stated 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 § 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 1-4, 8-9, and 13 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 pre-AIA the applicant regards as the invention.
Regarding claim 1 line 13, the phrase “a sealing position and a home position to seal two” renders claim 1 vague and indefinite because it is unclear the purpose of the sealing position. The term “sealing position” implies a position for conducting a sealing action, while the phrase indicates the sealing action is conducted in the home position. For examining purposes, the phrase is interpreted as “a home position and a sealing position to seal two”.
Claims 2-4 are dependent of claim 1 and include all the same limitations.
Regarding claim 8 line 2, the phrase “moving the heating element assembly from a sealing position to a home position” renders claim 8 vague and indefinite because it is unclear what part is moving, and it is also unclear the purpose of the sealing position. Claim 8 is dependent of claim 7 which is dependent of claim 6. Claim 6 disclose the heating element assembly comprises a heating element, a heating element support, and a heating element guard. It is unclear which of the heating elements is moved. The term “sealing position” implies a position for conducting a sealing action, while the phrase indicates the sealing action is conducted in the home position. For examining purposes, the phrase is interpreted as “moving the heating element from a home position to a sealing position”.
Regarding claim 9 lines 2-4, the phrase “heating element support engages the outer layer of film … heating element guard engages the inner film” renders claim 9 vague and indefinite because it appears to contradict the drawings. In figure 3B of the present application, the heating element support (220) is shown to engage the inner film layer (F1) and the heating element guard is shown to engage the outer film layer (FS1). For examining purposes, the phrase is interpreted as “heating element support engages the inner layer of film … heating element guard engages the outer layer of film”.
Regarding claim 13 line 7, the phrase “a sealing position and a home position while maintaining contact between the heating element and the inner film sealing layer” renders claim 13 vague and indefinite because it is unclear the purpose of the sealing position. The term “sealing position” implies a position for conducting a sealing action, while the phrase indicates the sealing action is conducted in the home position. For examining purposes, the phrase is interpreted as “a home position and a sealing position to allow the heating element to contact the inner film sealing layer”.
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over reference Suolahti et al. (2021/0139175) in view of references Sakaki et al. (6,817,159) and Sato (3,771,436).
Regarding claim 1, Suolahti et al. disclose a wrapping machine (1) comprising:
a wrapping-machine frame (10);
a guide (20) mounted to the wrapping-machine frame (10);
a guide actuator (30) operably connected to the guide (20) to move the guide vertically relative to the wrapping-machine frame (10);
a wrapping assembly (40) mounted to the guide and comprising a film carriage (200);
a wrapping-assembly actuator (400) operably connected to the wrapping assembly (40) to move the wrapping assembly relative to the guide (20); and
a sealing and cutting device (pg 5 para 62) mounted to the guide (20).
(Figures 1, 3 and Page 2 paragraphs 25-29, Page 5 paragraph 62)
However, Suolahti et al. do not disclose a heating element support, a heating element guard, a heating element, and a clamp, wherein the clamp faces inwardly toward the heating element and positioned on an opposite side of the two layers of film from the heating element.
Sakaki et al. disclose a sealing and cutting device (14) comprising:
a heating element support (32);
a heating element guard (72);
a heating element (74) positioned between the heating element support (32) and the heating element guard (72),
wherein the heating element (74) is movable between a home position (Figure 5) and a sealing position (Figure 6); and
a clamp (38) facing inwardly toward the heating element (74).
(Figures 5-7 and Column 5 lines 3-16, Column 7 lines 61-64, Column 8 lines 10-18)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sealing and cutting device of Suolahti et al. by incorporating the sealing and cutting device as taught by Sakaki et al., since column 8 lines 47-53 of Sakaki et al. states such modification would allow the desired force to be applied to the film wrapped around the object.
Sato discloses a sealing and cutting device comprising:
a heating element (6); and
a clamp (28) facing toward the heating element (6),
wherein the clamp (28) is positioned on an opposite side of the two layers of film (3’, 3”) from the heating element (6).
(Figure 10, 11 and Column 3 lines 21-23, Column 4 lines 6-14)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sealing and cutting device of Sakaki et al. by having the clamp on the opposite side of the two layers of film from the heating element as taught by Sato, since column 1 lines 64-67 of Sato states such a modification would help improve the tightness of the film wrapped around the object.
Regarding claim 2, Suolahti et al. modified by Sakaki et al. and Sato disclose the heating element support (Sakaki et al. – 32) is positioned on a first side of the heating element (Sakaki et al. – 74), wherein the heating element guard (Sakaki et al. – 72) is positioned on a second, opposite side of the heating element (Sakaki et al. – 74). (Sakaki et al. – Figures 5, 6)
Regarding claim 3, Suolahti et al. modified by Sakaki et al. and Sato disclose the heating element guard (Sakaki et al. – 72) is movable between a shielding position (Sakaki et al. – Figure 5) and a heating position (Sakaki et al. – Figure 6), wherein, in the shielding position (Sakaki et al. – Figure 5), the heating element guard (Sakaki et al. – 72) prevents the heating element (Sakaki et al. – 74) from engaging a first layer of film, and wherein, in the heating position (Sakaki et al. – Figure 6), the heating element guard (Sakaki et al. – 72) enables the heating element (Sakaki et al. – 74) to engage the first layer of film. (Sakaki et al. – Figures 5, 6 and Column 7 lines 61-64)
Regarding claim 4, Suolahti et al. modified by Sakaki et al. and Sato disclose the clamp (Sakaki et al. – 38) is movable between a release position (Sakaki et al. – Figure 6) and a clamping position (Sakaki et al. – Figure 7). (Sakaki et al. – Figures 6, 7)
Regarding claim 5, Suolahti et al. disclose a method of wrapping a load (L) with a wrapping machine (1), the method comprising the steps of:
positioning a load (L) in a wrapping area of the wrapping machine (1);
wrapping the load (L) using a wrapping assembly (40) mounted to a guide (20);
positioning a sealing-and-cutting device (pg 5 para 62) near the wrapped load;
actuating the sealing-and-cutting device (pg 5 para 62) to seal the inner film sealing layer to the outer film sealing layer; and
cutting the outer film sealing layer.
(Figures 1, 3 and Page 2 paragraphs 25-29, Page 5 paragraph 62)
However, Suolahti et al. do not disclose a heating element assembly and a clamp, wherein the clamp faces inwardly toward the heating element and positioned on an opposite side of the two layers of film from the heating element assembly.
Sakaki et al. disclose a sealing and cutting device (14) comprising:
a heating element assembly (32, 72, 74) including:
a heating element support (32);
a heating element guard (72); and
a heating element (74) positioned between the heating element support (32) and the heating element guard (72),
wherein the heating element (74) is movable between a home position (Figure 5) and a sealing position (Figure 6); and
a clamp (38) facing inwardly toward the heating element (74),
wherein the object is wrapped with a film (12) and then the film (12) is wrapped over the heating element assembly (32, 72, 74),
wherein the at least a portion of the inner film layer (12a) is overlapped with an outer film layer, and
wherein the clamp (38) is positioned against the outer film layer and faces inward toward the object.
(Figures 5-7 and Column 5 lines 3-16, Column 7 lines 61-64, Column 8 lines 10-18)
In figure 5 of Sakaki et al., the film (12) is shown to be wrapped around the object (22) and overlap the heating element support (32) and the heating element guard (72). Therefore, since the heating element support and the heating element guard are part of the heating element assembly, Sakaki et al. is interpreted to disclose the steps of: wrapping the load; and wrapping the load and the heating element assembly.
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sealing and cutting device of Suolahti et al. by incorporating the sealing and cutting device as taught by Sakaki et al., since column 8 lines 47-53 of Sakaki et al. states such modification would allow the desired force to be applied to the film wrapped around the object.
Sato discloses a sealing and cutting device comprising:
a heating element (6); and
a clamp (28) facing toward the heating element (6),
wherein the clamp (28) is positioned on an opposite side of the two layers of film (3’, 3”) from the heating element (6).
(Figure 10, 11 and Column 3 lines 21-23, Column 4 lines 6-14)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the sealing and cutting device of Sakaki et al. by having the clamp on the opposite side of the two layers of film from the heating element as taught by Sato, since column 1 lines 64-67 of Sato states such a modification would help improve the tightness of the film wrapped around the object.
Regarding claim 6, Suolahti et al. modified by Sakaki et al. and Sato disclose the heating element assembly (Sakaki et al. – 32, 72, 74) comprises a heating element (Sakaki et al. – 74) positioned to face away from the load (Suolahti et al. – L), a heating element support (Sakaki et al. – 32), and a heating element guard (Sakaki et al. – 72). (Sakaki et al. – Figure 5, 6 and Column 5 lines 3-16)
Regarding claim 7, Suolahti et al. modified by Sakaki et al. and Sato disclose the heating element guard (Sakaki et al. – 72) is movable between a shielding position (Sakaki et al. – Figure 5) and a heating position (Sakaki et al. – Figure 6), wherein the method further comprises the step of moving the heating element guard (Sakaki et al. – 72) to the heating position to expose the inner film sealing layer to the heating element (Sakaki et al. – 74). (Sakaki et al. – Figures 5, 6 and Column 7 lines 61-64)
Regarding claim 8, Suolahti et al. modified by Sakaki et al. and Sato disclose the steps of:
moving the heating element (Sakaki et al. – 74) from a home position (Sakaki et al. – 5) to a sealing position (Sakaki et al. – 6) while the inner film sealing layer is exposed to the heating element (Sakaki et al. – 74); and
pressing the heating element (Sakaki et al. – 74) against the inner film sealing layer and toward the clamp (Sakaki et al. – 38), in order to seal the inner film sealing layer to the outer film sealing layer.
(Sakaki et al. – Figures 5-7 and Column 7 lines 61-64)
(Sato – Column 4 lines 6-14)
Regarding claim 9, Suolahti et al. modified by Sakaki et al. and Sato disclose positioning the heating element assembly (Sakaki et al. – 32, 72, 74) such that the heating element support (Sakaki et al. – 32) engages an inner layer of film wrapped around the load (Suolahti et al. – L), and the heating element guard (Sakaki et al. – 72) engages the outer layer of film. (Sakaki et al. – Figure 5)
Regarding claim 10, Suolahti et al. modified by Sakaki et al. and Sato disclose the inner film sealing layer and the outer film sealing layer are vertically aligned. (Suolahti et al. – Figure 1) (Sakaki et al. – Figure 5)
Regarding claim 11, Suolahti et al. modified by Sakaki et al. and Sato disclose the clamp (Sakaki et al. – 38) is positioned against an external surface of the outer film sealing layer. (Sakaki et al. – Figure 7)
Regarding claim 12, Suolahti et al. modified by Sakaki et al. and Sato disclose cutting the outer film sealing layer occurs at the seam time as the sealing-and-cutting device seals the inner film sealing layer to the outer film sealing layer. (Sakaki et al. – Column 8 lines 5-18)
Regarding claim 13, Suolahti et al. modified by Sakaki et al. and Sato disclose the steps of:
moving a heating element (Sakaki et al. – 74) of the heating element assembly (Sakaki et al. – 32, 72, 74) from a home position and a sealing position to allow the heating element (Sakaki et al. – 74) to contact the inner film sealing layer; and
exposing the inner film sealing layer to the heating element (Sakaki et al. – 74),
wherein the heating element faces away from the load (Suolahti et al. – L).
(Sakaki et al. – Figures 5-6)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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/PATRICK B FRY/Examiner, Art Unit 3731 June 26, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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