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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
2. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: 1) “storage device” in claims 20, 22, 31, and 33; 2) “first restraining element” in claims 20, 22, 24-27, 31 and 33-36; 3) “second restraining element” in claims 21-26 and 32-36; 4) “adjusting device” in claims 20, 22-23, 25-26 and 29; 5) movement device in claims 28 and 37-38.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
3. Claims 20-24, 27-34, 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 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 229 in Fig. 2) of said storage device (including 15, 16 and 229),
a first retaining element (one element 131) provided at said outlet section (at 229) 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 222, 121 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]).
Regarding claim 21, Figs. 1-4 show a second retaining element (another element 131) provided at said outlet section (at 229) 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 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 229) of said storage device (including 15, 16 and 229),
a first retaining element (one element 131) provided at said outlet section (at 229) 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 229) 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), and
an adjusting device (including 222, 121 and 225) operatively connected to said pressure sensor (including 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]).
Regarding claim 23, Figs. 1-4 show that said adjusting device (including 222, 121 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 (left 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 233 and 234 for one sensor and including 133 and 134 for another sensor), each sensor of said plurality of pressure sensors (including 233 and 234 for one sensor and including 133 and 134 for another sensor) being associated with a respective retaining element (131) of said plurality of retaining elements (131 and 131).
Regarding claim 28, Figs. 1-4 show a movement device (numbered paragraph [0012]) for moving said stack along the movement direction (left in Fig. 2), said movement device (numbered paragraph [0012]) comprising a plurality of movement elements (11 and 12) configured to interact with distinct edge portions of said blanks (B).
Regarding claim 29, Figs. 1-4 show that said adjusting device (including 222, 121 and 225) comprises an adjusting element (numbered paragraph [0029]) for adjusting a movement speed of said movement device (numbered paragraph [0012]).
Regarding claim 30, Figs. 1-4 show an operating device (including 101 and 201) for operating a movement speed of said movement device (numbered paragraph [0012]).
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 and 229) having an outlet section (at 229),
moving said stack towards said outlet section (at 229) along a movement direction (left in Fig. 2), said stack comprising an advanced blank (B),
retaining said stack of blanks (B) at said outlet section (at 229) 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, 121 and 225) a position of said first retaining element (one element 131) based on the pressure detected in said detection step.
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.
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 and 229) having an outlet section (at 229),
moving said stack towards said outlet section (at 229) along a movement direction (left in Fig. 2), said stack comprising an advanced blank (B),
retaining said stack of blanks (B) at said outlet section (at 229) 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.
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 (left 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 displacing said stack along said movement direction (left in Fig. 2) by at least one movement device (numbered paragraph [0012]), wherein said adjusting further comprises adjusting a movement speed of said at least one movement device (numbered paragraph [0012]) to vary a movement speed of said stack. See, e.g., numbered paragraph [0029].
Regarding claim 38, Figs. 1-4 disclose displacing said stack along said movement direction (left in Fig. 2) by at least one movement device (numbered paragraph [0012]), wherein the movement speed of said at least one movement device (numbered paragraph [0012]) 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.
4. 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.
Conclusion
5. 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.
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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653