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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of the German parent Application No. DE102023125195.3 (filed on 09/18/2023) was received with the present application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs that is mentioned in the description: 435 (in paragraph 0084). 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters which are not mentioned in the description: 300 (in figure 3), 302 (in figure 3), 341 (in figure 3), 342 (in figure 3), 365 (in figure 3), and 370 (in figure 3). 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.
Specification
The disclosure is objected to because of the following informalities that requires appropriate corrections:
In paragraphs 0069, line 5, the phrase “the spaced printing elements 242 and 242” should read - the spaced-apart pressure elements 242 and 242 --.
In paragraphs 0091, line 2-3, the phrase “the adhesive area 431 and 432” should read -- the adhesive material 431 and 432 --.
In paragraphs 0091, line 5, the phrase “the adhesive area 431 and 432” should read -- the adhesive material 431 and 432 --.
In paragraphs 0092, line 3, the phrase “the adhesive area 431 and 432” should read -- the adhesive material 431 and 432 --.
In paragraphs 0092, line 6-7, the phrase “with adhesive areas 431 and 432” should read -- with the adhesive materials 431 and 432 --.
Claim Objections
Claims 1, 2-3, 6, 9-12, and 14 are objected to because of the following informalities that requires appropriate corrections:
In claim 1, line 4-5, the limitation “applying adhesive material” should read -- applying an adhesive material --.
In claim 2, line 2, the limitation “during cutting and/or application.” should read -- during cutting of the first label end and/or application of the adhesive material --.
In claim 3, line 2-3, the limitation “the cutting device and wherein optionally” should read -- the cutting device, and wherein optionally --.
In claim 3, line 5-7, the limitation “arranged in the transport direction downstream of the cutting device and downstream or upstream of the adhesive application device” should read -- arranged downstream of the cutting device in the transport direction and downstream or upstream of the adhesive application device in the transport direction --.
In claim 6, line 6, the limitation “apply adhesive material” should read -- apply the adhesive material --.
In claim 9, line 2-3, the limitation “cut the label end” should read -- cut the first label end --.
In claim 10, line 5, the limitation “applying adhesive material to…the label end” should read -- applying the adhesive material to…the first label end --.
In claim 10, line 7, the limitation “to the label end” should read -- to the first label end --.
In claim 10, line 9-10, the limitation “applying adhesive material” should read -- applying the adhesive material --.
In claim 11, line 3, the limitation “application of adhesive material” should read -- application of the adhesive material --.
In claim 11, line 4-5, the limitation “application of adhesive material” should read -- application of the adhesive material --.
In claim 12, line 5, the limitation “the cutting device and wherein optionally” should read -- the cutting device; and wherein optionally --.
In claim 14, line 3, the limitation “on two opposite sides” should read -- on the two opposite sides --.
In claim 14, line 5, the limitation “the first label end pulls the second label end” should read -- the first label end, pulls the second label end --.
In claim 14, line 7, the limitation “the part” should read -- a part --.
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 2-3, 11-12, and 14-15 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.
Claim 2 limitation “a fixing element for fixing the first label end during cutting and/or application” (in lines 1-2) renders the claim indefinite. Due to the use of the term “and/or”, it is unclear if the fixing element is required to fix the first label end of the first label tape during both the cutting of said first label tape end and the application of the adhesive material, or if the fixing element is simply configured to fix the first label end of the first label tape during either the cutting of said first label end or during the application of the adhesive material (in other words, does the fixing element need to fix the first label end only during the cutting of the first label end, or only during the application of the adhesive material to the direst label end?). Clarification by the applicant is required.
Claim 3 depends from claim 2. Subsequently, claim 3 is also reject as being indefinite for the reasons set forth above.
In regards to claim 3, the phrase “optionally” (in line 3) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention (see MPEP § 2173.05(h)). In other words, does the claimed apparatus require an adhesive application device that can apply an adhesive material onto the adhesive area of the first label tape, when said adhesive area is located between two pressure elements of a fixing element, or is that simply another alterative structural/operative/functional configuration of said the adhesive application device that can preferably be implemented? Clarification by the applicant is required.
Claim 3 recites the limitation “the label end” in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the label end is referring to the first label end of the first label tape or the second label end of the second label tape. Clarification by the applicant is required.
Claim 11 limitation “wherein the cutting, advancing and connecting is performed while the area of the first label tape is clamped by the clamping element; and/or wherein the application of adhesive material is performed after the cutting of the first label end; and/or wherein the advancing of the second label end is performed after the application of adhesive material” (in lines 1-5) renders the claim indefinite. Due to the use of the term “and/or”, it is unclear if the claimed label tape connecting method requires the steps of cutting, advancing, and connecting, the step of adhesive material application, and the step of second label end advancing, all to be performed together in the specific manner (e.g. in the exact sequential order) recited by claim 11, or if said steps can be performed alternatively to one another. Clarification by the applicant is required.
Claim 12 limitation “the first label end is cut by the cutting device and/or the adhesive material is applied to the adhesive area by the adhesive application device, while the first label end is fixed by a fixing element of the apparatus” (in lines 1-3) renders the claim indefinite. Due to the use of the term “and/or”, it is unclear if the claimed label tape connecting method requires both the cutting of the first label end (via the cutting device) and the adhesive material application onto the adhesive area of the first label end (via the adhesive application device), to be performed during the fixing of the first label end by the fixing element; or alternatively, if only the cutting of the first label end (via the cutting device) or the adhesive material application onto the adhesive area of the first label end (via the adhesive application device), needs to be performed during the fixing of the first label end by the fixing element. Clarification by the applicant is required.
In regards to claim 12, the phrase “optionally” (in lines 4, 5, and 7) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention (see MPEP § 2173.05(h)). In other words, does the fixing element requires two pressure elements that are spaced apart in a transport direction, or is that simply another alterative structural arrangement of said the fixing element that can preferably be implemented? Similarly, is the adhesive application device required to apply the adhesive material onto the adhesive area of the first label tape, only when said adhesive area is located between the two pressure elements of the fixing element, or is that simply another alterative structural/operative/functional configuration of said the adhesive application device that can preferably be implemented? Also, does the fixing element requires a pressure element that is positioned downstream of the cutting device and downstream/upstream of the adhesive application device, or is that simply another alterative structural arrangement of said the fixing element that can preferably be implemented? Clarification by the applicant is required.
Claim 12 recites the limitation “the label end” in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the label end is referring to the first label end of the first label tape or the second label end of the second label tape. Clarification by the applicant is required.
Claim 14 limitation “wherein the adhesive application device applies the adhesive material to two opposite sides of the first label end; and/or wherein the connecting device contacts the second label end on two opposite sides of the second label end” (in lines 1-4) renders the claim indefinite. Due to the use of the term “and/or”, it is unclear if the claimed label tape connecting method requires the adhesive material application onto the first label end by the adhesive application device, to be performed together with the processing of the second label end by the connecting device described within lines 3-7), or if said steps can be performed alternatively to one another. Clarification by the applicant is required.
In regards to claim 14, the phrase “optionally” (in line 4) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention (see MPEP § 2173.05(h)). In other words, is the connecting device required to pull-apart, guide, and connect the second label end of the second label tape in the exact manner recited within lines 4-7 of claim 14, or is that simply another alterative operative functionality of said connecting device that can preferably be implemented? (i.e. dose the claimed method require the second label end of the second label tape to be connected to the first label end of the first label tape, in the specific manner described by lines 4-7 of claim 14?). Clarification by the applicant is required.
Claim 15 recites the limitation “the label” in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the label in claim 15 is referring to the first label tape that is described within parent claim 10, the second label tape that is described within parent claim 10, both said first and second label tapes, or the labels on said first and second label tapes. Clarification by the applicant is required.
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.
(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 and 9-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muller (U.S.PGPUG 2017/0341894 A1).
In regards to claim 1, Muller teach (Figures 1-8) an apparatus (cutting and connecting device illustrated in figures 1-6) for connecting label tapes (first band 2a and second band 2b; Examiner notes that the limitation “for connecting label tapes” is being interpreted as an intended use limitation which describe the envisioned implementation of the claimed apparatus. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art; that is, if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Muller’s apparatus clearly has the exact structural arrangement recited within claim 1 limitations as explained below, and it can be employed to connect other types of web material, e.g. label tapes, as alluded to in paragraph 0093), the apparatus (cutting and connecting device illustrated in figures 1-6) comprising: a feed-through area (area between the connection assemblies 1a and 1b) through which the label tapes (first band 2a and second band 2b) can be passed along a transport direction (traveling direction of the first band 2a/second band 2b); a clamping element (immobilization system 7a and 7b) for clamping an area (downstream band portion 20a) of a first label tape (first band 2a); a cutting device (transverse cutting system 4) that is located upstream of the clamping element (immobilization system 7a and 7b), and configured for cutting (via the cutting device 40) a first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a); an adhesive application device (adhesive application system 5a) located upstream of the clamping element (immobilization system 7a and 7b), and configured for applying an adhesive material (adhesive tape 6a) to an adhesive area on the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a); and a connecting device (adhesive application system 5b) for bringing a second label end (cut end of the upstream band portion 21b) of a second label tape (second band 2b) to the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a), and for connecting the second label end (cut end of the upstream band portion 21b) of the second label tape (second band 2b) to the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) at the adhesive area (adhesive tape 6a) on said first label end (cut end of the downstream band portion 20a) (see also paragraphs 0041-0092).
In regards to claims 2-3, Muller teach all intervening claim limitations as shown above. Muller further teach (Figures 1-8), the apparatus (cutting and connecting device illustrated in figures 1-6) comprising a fixing element (immobilization systems 9a/9b and 10a/10c) for fixing the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) during cutting of the first label end (cut end of the downstream band portion 20a) and/or during the application of the adhesive material (adhesive tape 6a) to the first label end (cut end of the downstream band portion 20a); the fixing element (immobilization systems 9a/9b and 10a/10c) including two pressure elements (immobilization system 9a/9b and immobilization system 10a/10c) which are spaced apart in the transport direction (traveling direction of the first band 2a/second band 2b) and configured to fix the first label end (cut end of the downstream band portion 20a) at a location downstream of the cutting device (transverse cutting system 4); wherein optionally the adhesive application device (adhesive application system 5a) can apply the adhesive material (adhesive tape 6a) to the adhesive area between the pressure elements (i.e. between the immobilization system 9a/9b and the immobilization system 10a/10c in the traveling direction of the first band 2a/second band 2b);
In regards to claims 2-3, Muller teach all intervening claim limitations as shown above. Muller further teach (Figures 1-8), the apparatus (cutting and connecting device illustrated in figures 1-6) comprising a fixing element (immobilization systems 9a/9b and 10a/10c) for fixing the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) during cutting of the first label end (cut end of the downstream band portion 20a) and/or during the application of the adhesive material (adhesive tape 6a) to the first label end (cut end of the downstream band portion 20a); the fixing element (immobilization systems 9a/9b and 10a/10c) including a pressure element (immobilization systems 9a/9b) configured to fix the first label end (cut end of the downstream band portion 20a); wherein the pressure element (immobilization systems 9a/9b) is arranged downstream of the cutting device (transverse cutting system 4) and downstream of the adhesive application device (adhesive application system 5a).
In regards to claims 4-5 and 9, Muller teach all intervening claim limitations as shown above. Muller further teach (Figures 1-8), the connecting device (adhesive application system 5b) including an entrainment unit (displacement means 51b and 52b) for entraining the second label end (cut end of the upstream band portion 21b) of the second label tape (second band 2b) during the approaching and connecting; the apparatus (cutting and connecting device illustrated in figures 1-6) comprising a counter-pressure surface (immobilization system 10c), and a cutting counter-surface (cutting counter-part of the band curvature straightening element 11a/11b, as described in paragraphs 0083-0084) against which the cutting device (cutting device 40 of the transverse cutting system 4) can press the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) to cut said first label end (cut end of the downstream band portion 20a); wherein the connecting device (adhesive application system 5b) is configured to press (as illustrated in figure 5) the second label end (cut end of the upstream band portion 21b) of the second label tape (second band 2b) and the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) in the adhesive area against the counter-pressure surface (immobilization system 10c) for connecting.
In regards to claim 10, Muller teach (Figures 1-8) a method for connecting label tapes (first band 2a and second band 2b) with an apparatus (cutting and connecting device illustrated in figures 1-6) for connecting the label tapes (first band 2a and second band 2b; Examiner notes that the limitation “for connecting label tapes” is being interpreted as an intended use limitation which describe the envisioned implementation of the claimed apparatus. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art; that is, if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Muller’s apparatus clearly has the exact structural arrangement recited within claim 1 limitations as explained below, and it can be employed to connect other types of web material, e.g. label tapes, as alluded to in paragraph 0093); the apparatus (cutting and connecting device illustrated in figures 1-6) comprising: a feed-through area (area between the connection assemblies 1a and 1b) through which the label tapes (first band 2a and second band 2b) can be passed along a transport direction (traveling direction of the first band 2a/second band 2b); a clamping element (immobilization system 7a/7b) for clamping an area (downstream band portion 20a) of a first label tape (first band 2a); a cutting device (transverse cutting system 4) that is located upstream of the clamping element (immobilization system 7a/7b), and configured for cutting (via the cutting device 40) a first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a); an adhesive application device (adhesive application system 5a) located upstream of the clamping element (immobilization system 7a/7b), and configured for applying an adhesive material (adhesive tape 6a) to an adhesive area on the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a); and a connecting device (adhesive application system 5b) for bringing a second label end (cut end of the upstream band portion 21b) of a second label tape (second band 2b) to the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a), and for connecting the second label end (cut end of the upstream band portion 21b) of the second label tape (second band 2b) to the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) at the adhesive area (adhesive tape 6a) formed on said first label end (cut end of the downstream band portion 20a); wherein the method comprising: clamping the area (downstream band portion 20a) of the first label tape (first band 2a) with the clamping element (immobilization system 7a/7b), cutting (via the cutting device 40) the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) with the cutting element (transverse cutting system 4), applying the adhesive material (adhesive tape 6a) to the adhesive area on the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) with the adhesive application device (adhesive application system 5a), and bringing the second label end (cut end of the upstream band portion 21b) of the second label tape (second band 2b) and connecting it to the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) with the connecting device (adhesive application system 5b) (see also paragraphs 0041-0092).
In regards to claim 11, Muller teach all intervening claim limitations as shown above. Muller further teach (Figures 1-8), the cutting, advancing, and connecting being performed while the area (downstream band portion 20a) of the first label tape (first band 2a) being clamped by the clamping element (immobilization system 7a/7b); the application of adhesive material (adhesive tape 6a) onto the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) being performed after the cutting of said first label end (cut end of the downstream band portion 20a); and the advancing of the second label end (cut end of the upstream band portion 21b) of the second label end (second band 2b) being performed after the application of the adhesive material (adhesive tape 6a).
In regards to claim 12, Muller teach all intervening claim limitations as shown above. Muller further teach (Figures 1-8), the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) being cut by the cutting device (transverse cutting system 4) and/or the adhesive material (adhesive tape 6a) being applied to the adhesive area formed on the first label end (cut end of the downstream band portion 20a) by the adhesive application device (adhesive application system 5a), while the first label end (cut end of the downstream band portion 20a) is fixed by a fixing element (immobilization systems 9a/9b and 10a/10c) of the apparatus (cutting and connecting device illustrated in figures 1-6); and the fixing element (immobilization systems 9a/9b and 10a/10c) including a pressure element (immobilization systems 9a/9b) configured to fix the first label end (cut end of the downstream band portion 20a); wherein the pressure element (immobilization systems 9a/9b) is arranged downstream of the cutting device (transverse cutting system 4) in the transport direction (traveling direction of the first band 2a/second band 2b) and downstream of the adhesive application device (adhesive application system 5a) in the transport direction (traveling direction of the first band 2a/second band 2b).
In regards to claim 13, Muller teach all intervening claim limitations as shown above. Muller further teach (Figures 1-8), the apparatus (cutting and connecting device illustrated in figures 1-6) comprising a counter-pressure surface (upstream immobilization system 10c); wherein the connecting device (adhesive application system 5b) is configured to press (as illustrated in figure 5) the second label end (cut end of the upstream band portion 21b) of the second label tape (second band 2b) and the first label end (cut end of the downstream band portion 20a) of the first label tape (first band 2a) in the adhesive area against the counter-pressure surface (upstream immobilization system 10c) for connecting.
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, 6-7, 9-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Campedelli et al. (U.S. PGPUB 2022/0289509 A1 hereinafter referred to as “Campedelli”) in view of Esposti et al. (WO2024/184732 A1 hereinafter referred to as “Esposti”).
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
In regards to claim 1, Campedelli teach (Figures 1-8h) an apparatus (1) for connecting label tapes (2a and 2b), the apparatus (1) comprising: a feed-through area (area between 5a and 5b) through which the label tapes (2a and 2b) can be passed along a transport direction (C); a clamping element (9a and 9b) for clamping (as illustrated in figures 8c-8h) an area of a first label tape (2a); a cutting device (7a) that is located upstream of the clamping element (9a and 9b), and configured for cutting (as illustrated in figures 8e-8f) a first label end (10a) of the first label tape (2a); and a connecting device (8a and 8b) configured for bringing (as illustrated in figures 8a-8g) a second label end (10b) of a second label tape (2b) to the first label end (10a) of the first label tape (2a), and for connecting (as illustrated in figures 8f-8h) the second label end (10b) of the second label tape (2b) to the first label end (10a) of the first label tape (2a) via an adhesive material (11) that is applied onto said first label end (10a) (see also paragraphs 0046-0118). Yet, Campedelli fails to teach, the apparatus additionally comprising an adhesive application device that is different component from the connecting device, that is located upstream of the clamping element, and that is configured for applying an adhesive material to an adhesive area of the first label end of the first label taper. Conversely, in Campedelli’s apparatus, the adhesive material is manually placed on the connecting device by a user/operator and applied to the first label end of the first label tape by said connecting device.
Nevertheless, Esposti teach (Figures 1-17) an apparatus (1) for connecting tapes (f1 and f2), the apparatus (1) comprising: a feed-through area (are between 4 and 6) through which the tapes (s1 of f1 and s2 of f2) can be passed along a transport direction (p1 and p2); a cutting device (40) for cutting (via 47) a first end (I1 of s1b) of a first tape (s1 of f1); an adhesive application device (60a of 60 and 70a of 70) for applying (via 66 and 76) an adhesive material (60b and 70b) to an adhesive area (t1a and t1b) of the first end (I1 of s1b) of the first tape (s1/f1); and a connecting device (32/35 of 21) for bringing a second end (I2 of s2a) of a second tape (s2 of f2) to the first end (I1/s1b) of the first tape (s1/f1), and for connecting the second end (I2/s2a) of the second tape (s2/f2) to the first end (I1/s1b) of the first tape (s1/f1) at the adhesive area (t1a and t1b) on said first end (I1/s1b) (see also page 23, line 4 - page 41, line 17 of the WO2024/184732 A1 provided with this office action).
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide Campedelli’s apparatus with an adhesive application device for applying adhesive material to an adhesive area of the first label tape end, as suggested by Esposti; where said adhesive application device is positioned upstream of the clamping element, and configured to apply the adhesive material onto both side surfaces of the first label tape end and onto both side surfaces of the second label tape end during a splicing operation. Arranging a dedicated adhesive application device with the apparatus, which functions independently of the connecting device and that is designed to simultaneously apply the adessive material onto both side surfaces of the first and second label tape ends, would enable the apparatus create a stronger/optimized connection between the first label tape and the second label tape during a splicing operation. Furthermore, such a modification would eliminate the need for a user to manually supply or place the adessive material in the apparatus for each successive splicing operation; in other words, incorporating an adhesive application device that is capable of automatically supplying and applying an adessive material onto the first/second label tape ends when necessary, would essential remove the need for any user interaction, while improving the overall operating efficiency of the apparatus by significantly decreasing the time required to join/connect the first label end/first label tape with the second label end/second label tape.
In regards to claim 6, Campedelli in view of Esposti teach all intervening claim limitations as shown above. Esposti further teach (Figures 1-17), the adhesive application device (60a of 60 and 70a of 70) of the apparatus (1) being configured to apply the adhesive material (60b and 70b) to two opposite sides (t1a and t1b) of the first end (I1 of s1b) of the first tape (s1 of f1).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention that when Campedelli’s apparatus is modified in view of Esposti (i.e. when the apparatus taught by Campedelli is provided with the adhesive application device proposed by Esposti), said modified apparatus wound include an adhesive application device that is configured to apply the adhesive material onto two opposite sides of the first label tape end. Applying the adhesive material (via the adhesive application device) onto both sides of the first label tape end and the second label tape end (instead of only applying the adhesive material onto one side of both the first and second label tape ends, as suggested by Campedelli) during a splicing operation, would drastically improve the overall connection between said the first label tape end and the second label tape end; which would be apricated by one of ordinary skill in the art looking to securely join a new/second label tape to the expiring/first label tape.
In regards to claims 7 and 9, Campedelli in view of Esposti teach all intervening claim limitations as shown above. Campedelli further teach (Figures 1-8h), the connecting device (8a and 8b) being configured to contact the second label end (10b) of the second label tape (2a) on two opposite sides of said second label end (10b); and the apparatus (1) comprises a cutting counter-surface (13) against which the cutting device (7a) can press the first label end (10a) of the first label tape (2a) to cut said first label end (10a).
In regards to claim 10, Campedelli teach (Figures 1-8h) a method for connecting label tapes (2a and 2b) with an apparatus (1) for connecting label tapes (2a and 2b); an apparatus (1) for connecting label tapes (2a and 2b), the apparatus (1) comprising: a feed-through area (area between 5a and 5b) through which the label tapes (2a and 2b) can be passed along a transport direction (C); a clamping element (9a and 9b) for clamping (as illustrated in figures 8c-8h) an area of a first label tape (2a); a cutting device (7a) that is located upstream of the clamping element (9a and 9b), and configured for cutting (as illustrated in figures 8e-8f) a first label end (10a) of the first label tape (2a); and a connecting device (8a and 8b) configured for bringing (as illustrated in figures 8a-8g) a second label end (10b) of a second label tape (2b) to the first label end (10a) of the first label tape (2a), and for connecting (as illustrated in figures 8f-8h) the second label end (10b) of the second label tape (2b) to the first label end (10a) of the first label tape (2a) via an adhesive material (11) that is applied onto said first label end (10a); wherein the method comprising: clamping (as illustrated in figures 8c-8h) the area of the first label tape (2a) with the clamping element (9a and 9b), cutting (as illustrated in figures 8e-8f) the first label end (10a) of the first label tape (2a) with the cutting element (7a), applying (as illustrated in figures 8g-8h) the adhesive material (11) to the adhesive area on the first label end (10a) of the first label tape (2a), and bringing (as illustrated in figures 8f-8h) the second label end (10b) of the second label tape (2b) and connecting (as illustrated in figures 8f-8h) it to the first label end (10a) of the first label tape (2a) with the connecting device (8a and 8b) (see also paragraphs 0046-0118). Yet, Campedelli fails to teach, the apparatus additionally comprising an adhesive application device that is different component from the connecting device, that is located upstream of the clamping element, and that is configured for applying an adhesive material to an adhesive area of the first label end of the first label taper. Conversely, during the method taught by Campedelli, the adhesive material is manually placed on the connecting device by a user/operator and applied to the first label end of the first label tape via the pressing action of said connecting device.
However, Esposti teach (Figures 1-17) a method for connecting tapes (f1 and f2) using an apparatus (1) for connecting the tapes (f1 and f2); the apparatus (1) for connecting the tapes (f1 and f2), the apparatus (1) comprising: a feed-through area (are between 4 and 6) through which the tapes (s1 of f1 and s2 of f2) can be passed along a transport direction (p1 and p2); a cutting device (40) for cutting (via 47) a first end (I1 of s1b) of a first tape (s1 of f1); an adhesive application device (60a of 60 and 70a of 70) for applying (via 66 and 76) an adhesive material (60b and 70b) to an adhesive area (t1a and t1b) of the first end (I1/s1b) of the first tape (s1/f1); and a connecting device (32/35 of 21) for bringing a second end (I2 of s2a) of a second tape (s2 of f2) to the first end (I1/s1b) of the first tape (s1 of f1), and for connecting the second end (I2/s2a) of the second tape (s2/f2) to the first end (I1/s1b) of the first tape (s1/f1) at the adhesive area (t1a and t1b) on said first end (I1/s1b); wherein the method including: cutting the first end (I1/s1b) of the first tape (s1/f1) with the cutting element (40), applying the adhesive material (60b and 70b) to the adhesive area (t1a and t1b) on the first end (I1/s1b) of the first tape (s1/f1) with the adhesive application device (60a of 60 and 70a of 70), and bringing the second end (I2/s2a) of the second tape (s2/f2) and connecting it to the first end (I1/s1b) of the first tape (s1/f1) with the connecting device (32/35 of 21) (see also page 23, line 4 - page 41, line 17 of the WO2024/184732 A1 provided with this office action).
Consequently, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus used in Campedelli’s label tape connecting method, with an adhesive application device for applying adhesive material to an adhesive area of the first label tape end, as suggested by Esposti; where said adhesive application device is positioned upstream of the clamping element, and configured to apply the adhesive material onto both side surfaces of the first label tape end and onto both side surfaces of the second label tape end during a splicing operation. Arranging a dedicated adhesive application device with the apparatus, which functions independently of the connecting device and that is designed to simultaneously apply the adessive material onto both side surfaces of the first and second label tape ends, would enable the apparatus create a stronger/optimized connection between the first label tape and the second label tape during a splicing operation. Furthermore, such a modification would eliminate the need for a user to manually supply or place the adessive material in the apparatus for each successive splicing operation; in other words, incorporating an adhesive application device that is capable of automatically supplying and applying an adessive material onto the first/second label tape ends when necessary, would essential remove the need for any user interaction, while improving the overall operating efficiency of the apparatus and the label tape connecting method by significantly decreasing the time required to join/connect the first label end/first label tape with the second label end/second label tape.
In regards to claim 11, Campedelli in view of Esposti teach all intervening claim limitations as shown above. Campedelli further teach (Figures 1-8h), the cutting, advancing, and connecting being performed while the area of the first label tape (2a) is clamped by the clamping element (9a and 9b); the application (via 8a) of adhesive material (11) being performed after the cutting (via 7a) of the first label end (10a) of the first label tape (2a); and the advancing (via 8b) of the second label end (10b) of the second label tape (2) being performed after the application (via 8a) of the adhesive material (11).
In regards to claim 14, Campedelli in view of Esposti teach all intervening claim limitations as shown above. Campedelli further teach (Figures 1-8h), the connecting device (8a and 8b) contacts the second label end (10b) of the second label tape (2b) on two opposite sides of said second label end (10b). Yet, Campedelli fails to teach, the apparatus additionally comprising an adhesive application device for applying the adhesive material to two opposite sides of the first label end of the first label tape. Instead, Campedelli’s apparatus is simply configured to apply the adhesive material to one side of the first label end.
On the contrary, Esposti does teach (Figures 1-17), the adhesive application device (60a of 60 and 70a of 70) of the apparatus (1) being configured to apply the adhesive material (60b and 70b) to two opposite sides (t1a and t1b) of the first end (I1 of s1b) of the first tape (s1 of f1).
Hence, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention that when Campedelli’s apparatus is modified in view of Esposti (i.e. when the apparatus taught by Campedelli is provided with the adhesive application device proposed by Esposti), said modified apparatus wound include an adhesive application device that is configured to apply the adhesive material onto two opposite sides of the first label tape end. Applying the adhesive material (via the adhesive application device) onto both sides of the first label tape end and the second label tape end (instead of only applying the adhesive material onto one side of both the first and second label tape ends, as suggested by Campedelli) during a splicing operation, would drastically improve the overall connection between said the first label tape end and the second label tape end; which would be apricated by one of ordinary skill in the art looking to securely join a new/second label tape to the expiring/first label tape.
In regards to claim 15, Campedelli in view of Esposti teach all intervening claim limitations as shown above. Campedelli further teach (Figures 1-8h), the first and second label tapes (2a and 2b) being a wrap-around label (supporting strips 2a/2b includes adhesive labels 3 which can preferably be applied or wrapped at least partially around a cylindrical/tubular object; where said supporting strips 2a/2b are wound around the corresponding reels 4a/4b).
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, for the following reasons:
In regards to claims 1 and 7, Campedelli in view of Esposti teach all intervening claim limitations as shown above. Yet, both Campedelli and Esposti, either individually or in combination, fails to teach or render obvious, the connecting device being configured to pull the second label end of the second label tape apart in a direction perpendicular to the transport level of the second label tape, and being configured to guide said second label end over the first label end of the first label tape. In fact, each apparatus taught by Campedelli and Esposti, is designed to connect the first label end of the first label tape and the second label end of the second label tape using a butt splice joinery technique, without pulling said second label end apart or guiding it over said first label end. Similarly, the connecting device is Muller’s apparatus is not configured to pull apart the second label end of the second label tape in a direction that is perpendicular to the transport direction of the first/second label tapes. Although, other examples in the prior art may propose a connecting device in a label tape connecting apparatus being designed to pull apart a second label end of a second label tape and to guide said second label end over a first second label end of a first label tape (i.e. when the first and second label ends are being spliced/joined together), one of ordinary sill would have lacked sufficient rational/motivation to provide the apparatuses taught either by Campedelli, Esposti, or Muller with such a connecting device (which is designed to pull apart the second label end of a second label tape, and to perform an overlapping splicing technique); specifically because, such a modification would complicate the overall structure and operative functionality of said apparatuses, while failing to yield any perceptible/desirable structural, functional, and/or performance improvements. Furthermore, all other prior art of record, neither disclose nor suggest, a label tape connecting apparatus comprising the precise structure, the arrangement of components, and the operative functionality which are recited collectively by claims 1 and 7-8. Thus, claim 8 limitations appear to include allowable subject mater over the cited prior are references; specially when said limitations are viewed in light of applicant’s specification, and when they are considered together with the superseding limitations in parent claims 1 ad 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the attached PTO-892 for complete list of pertinent prior art references made of record by the examiner.
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/R.J.D./Examiner, Art Unit 3654
/WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674
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