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 02/20/2025.
The status of the Claims is as follows:
Claims 1-9 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/20/2025 was filed after the mailing date of the Application on 02/20/2025. 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 as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: F.
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.
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 timers and the exit belt must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Claim Objections
Claims 1, 4, 7, 8 and 9 are objected to because of the following informalities:
The limitation “a photosensitive presence sensor” is recited in Claim 8 and Claim 7 upon which Claim 8 depends. It isn’t clear whether or not this is the same photosensitive presence sensor and the limitation in Claim 8 should be preceded with “the”, or if the “a photosensitive presence sensor” recited in Claim 8 is an additional photosensitive presence sensor.
The limitation “a release mechanism” is recited in Claims 1, 4 and 9 where claims 4 and 9 depend from Claim 1. It isn’t clear whether or not there are three separate release mechanisms or if the limitation recited in Claims 4 and 9 should be preceded with “the”
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 in this application that are being interpreted under 35 U.S.C. 112(f):
Rotary positioning units: Rotary drum (5)
Rotating directing device ?
Release mechanism: (12) Exit Duct (15), Verticalized protrusion (16) exit angled ramp (17) exit conveyor (18)
Pneumatic actuator: ? (A)
Pneumatic actuators: Vertical Heat Sealer (P)
Actuating devices: Horizontal heat sealer (14)
Support: ?
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 1-9 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 following limitations:
Rotary positioning units in line 3
Spiral distribution rails in line 3
Angular housing compartments in line 8
Packages in line 9
Exit belt in line 10
There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the following limitation:
“a package for floor levelers, which are packed in a feeding compartment”
It is unclear whether or not the claimed package or the claimed floor levelers” or a package containing floor levelers are “packed in a feeding compartment”.
Claim 2 recites the limitation "angled housing compartments" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "pneumatic actuators" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “the alignment” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “misalignment” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitations “a third stage” and “a seventh stage”. These limitations render the claim indefinite because it is unclear what a first and second stage would be or what the fourth through sixth stages would be since these stages are unclaimed.
Claim 9 recites the limitations “a sixth step” and “a ninth step”. These limitations render the claim indefinite because it is unclear what a third through fifth step would be or what the seventh and eighth steps would be since these steps are unclaimed.
The following claim limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Rotating directing device
Pneumatic actuator
Support
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.
The claimed Rotating Directing Device is not depicted in the drawings nor is there a written description of the structure or the function performed by this limitation.
The claimed Pneumatic Actuator (A) is described in the specification as aiding in sending the floor levelers to the angular housing compartments however there isn’t any description providing structural details or functional details that would indicate structural elements.
The claimed Support is not described in the specification in structure nor in function.
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 1-9 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 angular housing compartments coated by packages which are heat sealed in addition to the limitations included in Claim 1.
SCHINS (WO 2007062946 A1), considered the closest prior art, teaches a system for compact and orderly packaging of items (Fig 1) , comprising: a package for items (30), which are packed in a feeding compartment (31), configured for rotary positioning units (10) equipped with spiral distribution rails (33) by a conveyor belt (32) contained in the feeding compartment (31); and the items (30) are directed to a sequential conveyor belt (35), wherein a compact and orderly packaging system (Fig. 1) is configured by a rotating directing device (40) which receives the items from the sequential conveyor belt (35); the rotating directing device (40), sends the items sequentially, standardized, and organized to angular housing compartments (39) coated by packages (28),
However the Prior Art does not teach floor levelers in angular housing compartments coated by packages which are heat sealed.
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.
Liu et al. (CN109436429B) Feeding compartment, rotary positioning unit (Fig. 2)
Xue (CN110065660A) Feeding compartment, rotary positioning unit (Fig. 6)
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