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 .
Claim Rejections - 35 USC § 102
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 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.
2. Claims 20-24, 27, 29-34, and 37-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2006/0197272 (Hendricks et al.) (hereinafter “Hendricks”).
Regarding claim 20, Figs. 1-4 show a feeding unit (Fig. 1) comprising:
a storage device (including 15, 16, 128, 228 and 229) for containing a stack of blanks (B in Fig. 2) and displacing said stack along a movement direction (left in Fig. 2) towards an outlet section (at 128 and 228 in Fig. 2) of said storage device (including 15, 16, 128, 228 and 229),
a first retaining element (one element 131) provided at said outlet section (at 128 and 228) and configured to abut an advanced blank (B) of said stack at least at a portion of said advanced blank (B),
a pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]) operatively connected to said first retaining element (one element 131) and configured to detect a pressure exerted on said first retaining element (one element 131) by said advanced blank (B), and
an adjusting device (including 121, 122, 222, 125 and 225), operatively connected to said pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]) and configured to adjust a position of said first retaining element (one element 131) based on the pressure detected by said pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]), and
a movement device (including 11, 12, 117, and 217) for moving said stack along the movement direction (left in Fig. 2), said movement device (including 11, 12, 117, and 217) comprising a plurality of movement elements (including 11 and 12) configured to interact with distinct edge portions (bottom edge portions) of said blanks (B),
wherein the first retaining element (one element 131) is configured to be displaced (displaced to the right in Fig. 2 via element 125 or 225) in an independent manner from the plurality of movement elements (including 11 and 12). See, e.g., numbered paragraph [0032] - [0033], which explain that as sheets are fed out and the motors 101 and 102 that drive elements 11 and 12 are stopped, the spring, e.g., 225, independently moves elements 222, 228 and 131 in a direction (right) opposite to the feeding direction (left in Fig. 2) away from switch 234.
Regarding claim 21, Figs. 1-4 show a second retaining element (another element 131) provided at said outlet section (at 128 and 228) and configured to abut said advanced blank (B) of said stack at least at a further portion of said advanced blank (B) distinct from said portion.
Regarding claim 22, Figs. 1-4 show a feeding unit (Fig. 1) comprising:
a storage device (including 15, 16, 128, 228 and 229) for containing a stack of blanks (B in Fig. 2) and displacing said stack along a movement direction (left in Fig. 2) towards an outlet section (at 128 and 228) of said storage device (including 15, 16, 128, 228 and 229),
a first retaining element (one element 131) provided at said outlet section (at 128 and 228) and configured to abut an advanced blank (B) of said stack at least at a portion of said advanced blank (B),
a second retaining element (another element 131) provided at said outlet section (at 128 and 228) and configured to abut said advanced blank (B) at least at a further portion of said advanced blank (B) distinct from said portion,
a pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]) operatively connected to said first retaining element (one element 131) and configured to detect a pressure exerted on said first retaining element (one element 131) by said advanced blank (B),
an adjusting device (including 121, 122, 222, 125 and 225) operatively connected to said pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]) and configured to adjust the position of said second retaining element (another element 131) based on the pressure detected by said pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]) and
a movement device (including 11, 12, 117 and 217) for moving said stack along the movement direction (left in Fig. 2), said movement device (including 11, 12, 117, and 217) comprising a plurality of movement elements (including 11 and 12) configured to interact with distinct edge portions (bottom edge portions) of said blanks (B),
wherein the first and second retaining elements (one element 131 and another element 131) are configured to be displaced (displaced to the right in Fig. 2 via springs 125 and 225) in an independent manner from the plurality of movement elements (including 11 and 12). See, e.g., numbered paragraph [0032] - [0033], which explain that as sheets are fed out and the motors 101 and 102 that drive elements 11 and 12 are stopped, the springs 125 and 225, independently move elements 122. 222, 228. 131 and 131 in a direction (right) opposite to the feeding direction (left in Fig. 2) away from switches 233 and 234.
Regarding claim 23, Figs. 1-4 show that said adjusting device (including 121, 122, 222, 125 and 225) is configured to displace at least one of said first retaining element (one element 131) and said second retaining element (another retaining element 131) along a first displacement direction (right in Fig. 2) parallel to the movement direction (left in Fig. 2) of said stack.
Regarding claim 24, Figs. 1-4 show that at least one of said first retaining element (one element 131) and said second retaining element (another element 131) is positioned to abut said advanced blank (B) at an edge portion (lower edge portion) of said advanced blank (B).
Regarding claim 27, Figs. 1-4 show a plurality of retaining elements (131 and 131) and including said first retaining element (one element 131), and a plurality of pressure sensors (including 234 for one sensor and including 134 for another sensor), each sensor of said plurality of pressure sensors (including 234 for one sensor and including 134 for another sensor) being associated with a respective retaining element (131) of said plurality of retaining elements (131 and 131).
Regarding claim 29, Figs. 1-4 show that said adjusting device (including 121, 122, 222, 125 and 225) comprises an adjusting element (numbered paragraph [0029]) for adjusting a movement speed of said movement device (including 11, 12, 117, and 217).
Regarding claim 30, Figs. 1-4 show an operating device (including 101 and 201) for operating a movement speed of said movement device (including 11, 12, 117, and 217).
Regarding claim 31, Figs. 1-4 disclose a method for feeding blanks (B in Fig. 2) comprising the steps of:
storing a stack of blanks (B) in a storage device (including 15, 16, 128, 228 and 229) having an outlet section (at 128 and 228),
moving said stack towards said outlet section (at 128 and 228) along a movement direction (left in Fig. 2) by at least one movement device (including 11, 12, 117, and 217), said stack comprising an advanced blank (B),
retaining said stack of blanks (B) at said outlet section (at 128 and 228) by a first retaining element (one element 131) configured to abut a portion of said advanced blank (B),
detecting a pressure (via 233, 234 and circuitry in numbered paragraph [0024]) exerted on said first retaining element (one element 131), and
adjusting (via elements 222 and 225) a position of said first retaining element (one element 131) based on the pressure detected in said detection step, wherein the first retaining element (one element 131) is configured to be adjusted (adjusted by spring 225), based on the pressure detected, in an independent manner from the at least one movement device (including 11, 12, 117, and 217). See, e.g., numbered paragraph [0032] - [0033], which explain that as sheets are fed out and the motors 101 and 102 that drive elements 11 and 12 are stopped, the springs 125 and 225, independently move elements 122. 222, 228. 131 and 131 in a direction (right) opposite to the feeding direction (left in Fig. 2) away from switches 233 and 234.
Regarding claim 32, Figs. 1-4 disclose retaining said advanced blanks (B) by a second retaining element (another element 131) configured to abut a further portion of said advanced blank (B) distinct from said portion,
wherein the first retaining element (one element 131) is configured to be adjusted (adjusted by spring 225), based on the pressure detected, in an independent manner from the at least one movement device (including 11, 12, 117, and 217).
Regarding claim 33, Figs. 1-4 disclose a method for feeding blanks (B in Fig. 2) comprising the steps of:
storing a stack of blanks (B) in a storage device (including 15, 16, 128, 228 and 229) having an outlet section (at 128 and 228),
moving said stack towards said outlet section (at 128 and 228) along a movement direction (left in Fig. 2) by at least one movement device (including 11, 12, 117, and 217), said stack comprising an advanced blank (B),
retaining said stack of blanks (B) at said outlet section (at 128 and 228) by a first retaining element (one element 131) configured to abut a portion of said advanced blank (B), further retaining said stack of blanks (B) by a second retaining element (another element 131) configured to abut a further portion of said advanced blank (B) distinct from said portion,
detecting a pressure (via elements 233, 234 and circuitry in numbered paragraph [0024]) exerted on said first retaining element (one element 131), and
adjusting a position of said second retaining element (another element 131) based on the pressure detected in said detection step,
wherein the first retaining element (one element 131) is configured to be adjusted (adjusted by spring 225), based on the pressure detected, in an independent manner from the at least one movement device (including 11, 12, 117, and 217). See, e.g., numbered paragraph [0032] - [0033], which explain that as sheets are fed out and the motors 101 and 102 that drive elements 11 and 12 are stopped, the spring, e.g., 225, independently moves elements 222, 228 and 131 in a direction (right) opposite to the feeding direction (left in Fig. 2) away from switch 234.
Regarding claim 34, Figs. 1-4 show that said adjusting comprises at least one of: i) displacing at least one of said first retaining element (one element 131) and said second retaining element (another element 131) along a first displacement direction (right in Fig. 2) parallel to the movement direction (left in Fig. 2), and ii) displacing at least one of said first retaining element (one element 131) and said second retaining element (another element 131) along a second displacement direction transverse to the movement direction (left in Fig. 2), to vary a position of said at least one of said first retaining element (one element 131) and said second retaining element (another element 131) with respect to said advanced blank (B).
Regarding claim 37, Figs. 1-4 disclose that said adjusting further comprises adjusting a movement speed of said at least one movement device (including 11, 12, 117, and 217) to vary a movement speed of said stack. See, e.g., numbered paragraph [0029].
Regarding claim 38, Figs. 1-4 disclose that the movement speed of said at least one movement device (including 11, 12, 117, and 217) is varied.
Regarding claim 39, Figs. 1-4 show an apparatus for packaging boxed articles comprising a feeding unit according to claim 20.
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.
3. Claims 25-26 and 35-36 /are rejected under 35 U.S.C. 103 as being unpatentable over Hendricks as applied to claims 24, 21 and 32 above, and further in view of U.S. Patent No. 4,273,322 (Ginther, Sr., et al.) (hereinafter “Ginther”).
With regard to claims 25 and 35, Hendricks teaches most of the limitations of these claims including the first and second retaining elements (one element 131 and another element 131), but does not show that the first or second retaining element moves transverse to the movement direction (left in Fig. 2), as claimed. With regard to claims 26 and 36, Hendricks also does not show that the first or second retaining element oscillates around a rotation axis, as claimed.
With regard to claim 25, Ginther shows that it is well known in the art to provide a feeding unit (Fig. 1) with an adjusting device (including 24 and 25) configured to displace at least one of a first retaining element (13) and a second retaining element (14) along at least one of: i) a first displacement direction (left in Fig. 2) transverse to a movement direction (up in Fig. 2) and transverse to an edge of the edge portion (upper or lower edge portion of blank 4) on which at least one of the first retaining element (13) and the second retaining element (14) is positioned to vary an interference of said at least one of the first retaining element (13) and the second retaining element (14) with the advanced blank (4), and ii) a second displacement direction (right in Fig. 2) transverse to the movement direction (up in Fig. 2) and parallel to the edge of the edge portion (upper or lower edge portion of blank 4) on which the at least one of the first retaining element (13) and the second retaining element (14) is positioned to vary at least one of the position of the first retaining element (13) and a position of the second retaining element (14) on the advanced blank (4).
With regard to claim 35, Ginther shows that it is well-known in the art to retain an advanced blank (4) at least at one edge portion (upper or lower edge) of the advanced blank (4),wherein adjusting comprises at least one of: i) further moving at least one of the first retaining element (13) and the second retaining element (14) along the first displacement direction (left in Fig. 2) transverse to the movement direction (up in Fig. 2) along the edge portion (upper or lower edge) of the advanced blank (4) to vary a position of the at least one of the first retaining element (13) and the second retaining element (14) on the advanced blank (4), and ii) further moving at least one of the first retaining element (13) and the second retaining element (14) along a second displacement direction (right in Fig. 2) transverse to the movement direction (up in Fig. 2) transversely to the edge portion (upper or lower edge) of the advanced blank (4) to vary an interference of the at least one of the first retaining element (13) and the second retaining element (14) with the advanced blank (4). More specifically the first and second retaining elements (13 and 14) have components of movement (left or right in Fig. 2) that are transverse to the movement direction (up in Fig. 2).
With regard to claims 26 and 36, Ginther teaches an adjusting device (including 24 and 25) configured to oscillate at least one of the first retaining element (13) and the second retaining element (14) around a respective rotation axis (20 or 22, respectively) perpendicular to the movement direction (up in Fig. 2) to vary an orientation of the at least one of the first retaining element (13) and the second retaining element (14) with respect to the advanced blank (4). Because both Ginther and Hendricks teach retaining elements for adjustably retaining blanks, it would have been obvious to one having ordinary skill in the art to replace the rotating retaining element arrangement of Ginther for the sliding retaining element arrangement of Hendricks to achieve the predictable result of adjustably retaining blanks. Thus, all of the limitations of claims 25, 26, 35 and 36 are met by Hendricks in view of Ginther.
Response to Arguments
4. Applicant's arguments filed 7/27/2026 have been fully considered but they are not persuasive.
Applicant argues
In the amended independent claims, Applicant contends that the movement elements (used to move the blanks) and the retaining elements (used to retain the blanks) are distinct components and can be actuated independently one from another.
In Hendricks, the retaining elements (i.e., rollers 131) cannot be actuated independently. The rollers 131 rotate freely in order to not impede the chains' feeding motion. The rollers let the blank's edge roll or slide against the pressure sensor while pressure builds. The retaining elements are passive devices which are not capable of being actuated. It is the motors (i.e., movement elements) which are actuated and which control the movement of the blanks.
The subject-matter of the amended claims is patentably distinct from Hendricks because the movement elements and the retaining elements of the claimed feeding unit are distinct components that can be actuated independently of one another, thus a structural and functional configuration that is incompatible with Hendricks.
The examiner disagrees with this argument. Hendricks teaches a movement device (including 11, 12, 117, and 217) for moving said stack along the movement direction (left in Fig. 2), said movement device (including 11, 12, 117, and 217) comprising a plurality of movement elements (including 11 and 12) configured to interact with distinct edge portions (bottom edge portions) of said blanks (B),
wherein the first retaining element (one element 131) is configured to be displaced (displaced to the right in Fig. 2 via element 225) in an independent manner from the plurality of movement elements (including 11 and 12). See, e.g., numbered paragraph [0032] - [0033], which explain that as sheets are fed out and the motors 101 and 102 that drive elements 11 and 12 are stopped, the spring, e.g., 225, independently moves elements 222, 228 and 131 in a direction (right) opposite to the feeding direction (left in Fig. 2) away from switch 234.
Next, applicant argues
Applicant contends that the "adjusting device" of Hendricks, as identified by the Examiner to be the moveable plate, the fixed plate, and/or the spring, does not "adjust a position of said first retaining element based on the pressure detected by said pressure sensor", nor is Hendricks capable of such configuration, as is required by Claim 20. Instead, in Hendricks, the pressure sensed in the system affects the movement device and plurality of movement elements.
According to Hendricks, the pressure sensor controls motors 101, 201. As described in Hendricks [0024], the proximity switch 234 is "connected via suitable circuitry to the left-hand motor 201, such that the motor 201 is actuated when the movable plate 222 is out of engagement with the switch 234, but the power to the motor 20! is cut off when the movable plate moves back against the force of spring 225 to contact the switch 234."
The mirrored right-hand structure, which includes the description of the switch 134 and motor 101, is described in [0025]. Furthermore, Hendricks [0029] also describes
"When the pressure exerted by the lead blank reaches a predetermined value which is great enough to push each of the movable plates 122, 222 so far back that they contact switches 134, 234, the power to motors 101, 201 is cut off; stopping the feed chains 11, 12 and pressure control wheels 117, 217."
The movable plate and spring are not connected to Hendricks’ rollers 131 and do not cause actuation of the rollers 131. Instead they impact the feed chains 11, 12, which correspond to the movement device and movement elements.
Applicant notes that while the rollers 131 and movable plates 122/222 do physically move, they move passively in response to being pushed by the blank itself (against spring bias); they aren't actuated by an adjusting device in response to the sensor signal; they are the contact interface to the sensor.
This configuration of the impact to the feed chains in Hendricks directly contradicts the amended Claim 20, as described above, as well as contradicting the use described in Applicant's disclosure. Applicant describes in [0234] of the specification that the independence between the retaining elements and the movement elements
"allows the retaining elements to be displaced, if desired, while the movement elements are in operation without interfering with the movement elements and, therefore, without interfering with the movement of the blanks. Similarly, varying the movement speed of one or more of the movement elements does not affect the position of the retaining elements." (emphasis added)
The examiner disagrees with this argument. Numbered paragraphs [0032] – [0033] of Hendricks state that
[0032] As the lead blanks are picked off the front of the stack of blanks, the pressure against rollers 131 gradually decreases until, after a few blanks have been picked off, the pressure decreases to such an extent that the movable blocks 122, 222 will move away from the pick face under the influence of springs 125, 225 until they break contact with switches 134, 234. This will activate motors 101, 201 to feed more blanks toward the pick face, once more pushing the movable plates 122, 222 back toward the pick face, repeating the cycle of deactivation and activation of the motors 101, 201 described above.
[0033] As stacks of carton blanks continue to be fed into the apparatus and blanks continue to be picked off by arm 13, the motors 101, 201 cycle on and off as necessary to maintain the supply of blanks at the pick face under the desired predetermined pressure. The cycling of the motors may also involve one motor operating while the other does not, as described above, in order to differentially feed one side or the other of the blanks toward the pick face as may be necessary in order to keep them perpendicular to the feed direction and square to the pick face.
In other words, the adjusting device (including 121, 122, 222, 125 and 225) is operatively connected to said pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]) and configured to adjust a position of said first retaining element (one element 131) based on the pressure detected by said pressure sensor (including 233, 234 and circuitry in numbered paragraph [0024]), as claimed. Plates 122 and 222 are operatively connected to pressure sensor elements 134 and 234, respectively, of the pressure sensor and are also connected to elements 128 and 228, respectively. Elements 128 and 228 are ultimately connected to elements 131 and 131 such that as plates 122 and 222 move due to reduced pressure, so do elements 131 and 131. The reduced pressure on the pressure sensor results in the ultimate movement of elements 131 and 131. All of the limitations of the amended claims are met by Hendricks.
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A MORRISON whose telephone number is (571)272-7221. The examiner can normally be reached M-F 9am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653
