DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Application filed 12/13/2024.
The status of the Claims is as follows:
Claims 1-19 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/13/2024 was filed after the mailing date of the Application on 12/13/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following limitations must be shown or the feature(s) canceled from the claim(s). No new matter should be entered:
Marker
Recess
Centering actuators
Tensioned Packaging Material Cavity
Objects
Core
Packaging Material
Packaging Material Roll
Packaging Material Core
Material to be packaged
Slot
Vacuum Grippers
Hollow Brick Type Cavity
Corresponding Frame
Pack
Material Roll
Pneumatic Actuator
Printed Bill
Printed Label
Identifier
Formed pack
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-19 are objected to because of the following informalities:
Claim 1 line 16 of page 1 recites “the inward direction close the recess to carry forward…”
Claim 1 line 16 of page 15 recites “the one or more pair of side sealers ( comprises four…”
Claims 3, 11, and 19 recite the word “till”
Claim 9 line 14 of page 7 recites “the pack forming unit comprise of set of…”
Throughout the claims the Applicant has used British spelling for different terms, American spelling should be used instead.
Appropriate correction is required.
Claim Interpretation
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.
Limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 include:
Centering Actuators: ?
Pneumatic Actuator: ?
Vision based quality control unit: ?
Set of Actuators: ?
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 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 1 recites the limitation "outward" in line 13 page 1 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "inward" in line 13 page 1 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the temperature" in line 4 page 3 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "pressure" in line 4 page 3 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "corresponding frame" in line 13 page 3 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "edge" in line 17 page 3 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "width" in line 1 page 4 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "height" in line 1 page 4 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the default location" in line 10 page 5 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "outward" in line 18 page 6 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "inward" in line 16 page 6 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the mandrel" in line 2 page 8 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the default position" in line 13 page 10 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the default location" in line 18 page 10 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the infeeder" in line 19 page 11 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "width" in line 19 page 11 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "height" in line 18 page 11 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the one or more objects" in line 19 page 11 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the one or more forming rods" in line 21 page 11 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the one or more hot sealing jaws" in line 1 page 12 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the package" in line 2 page 12 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the mandrel" in line 2 page 12 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "temperature" in line 19 page 12 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "pressure" in line 19 page 12 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the OPU" in line 19 page 13 of the Claims. There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 9 and 17 recite the following limitations:
carrying, by an out feeder, the one or more centre sealed packed objects from the infeeder to an exit conveyor, wherein the exit conveyor is a last conveyor which takes the one or more centre sealed packed objects to centre of one or more pair of side sealers mounted on corresponding frame to seal the one or more objects; and sealing, by the one or more pair of side sealers, the one or more centre sealed packed objects at each side (emphasis added)
It is unclear whether or not “the one or more objects” is referring to “the one or more centre sealed packed objects” or if there is another one or more objects that the Applicant is attempting to claim.
Claims 1, 9 and 17 recite the following limitations:
a set of four hot sealers for sealing on both side of a formed pack, wherein each pair with top and bottom sealers are placed on edge of the package in a fixed location.. (emphasis added)
It is unclear whether or not the claimed “a formed pack” is referring to “the package” or if there is another structure that the Applicant is attempting to claim.
The following Claim limitations invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Centering Actuators: ?
Pneumatic Actuator: ?
Vision based quality control unit: ?
Set of Actuators: ?
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
For the above limitations the specification, including the drawings are devoid of any structure that performs the function of the claimed limitations.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Allowable Subject Matter
Claims 1-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed plurality of package material roll lines, infeeder, one or more forming rods, and expandable mandrel in addition to the limitations included in Claims 1, 9 and 17.
The Prior Art teaches various elements included in the instant application:
Chang et al. (US 20230278736): centering unit (110), forming members (rods) measuring object dimension (120), Object pusher unit (402, 403), tensioned packaging material cavity (Fig. 9B), web guide roller (804), nip roller (808).
However the Prior Art does not teach the invention in the arrangement and function as claimed.
Thus, it is Examiner’s opinion that it would not have been obvious to one having ordinary skill in the art at the time of the invention to combine or modify the prior art in order to arrive at Applicant's invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Talda (US 20250033820) (par 90-105)
Phillips (US 20220258901) (par 63-77)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731