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 .
Response to Amendment
Receipt is acknowledged of an amendment, filed 21 January 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending.
Claims 1, 4-5, 9, and 15-16 are amended.
Claims 19-20 are new.
Specification and Drawings:
Amendments to the specification have been submitted in the amendment filed 21 January 2026.
Amendments to the drawings have been submitted in the amendment filed 21 January 2026.
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 19-20 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.
Claims 19 and 20 are ambiguous as “an upper tool apart” is unclear as it is not clear from what the upper tool is “apart”. It appears that the claims contain editorial errors, and that “apart” should be changed to --part--.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8, 11-12, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Smithson et al. (US Patent Publ. No. 2002/0157353) in view of Chesterfield et al. (US Patent No. 5,664,408).
With respect to claim 1, Smithson et al. disclose a machine for cutting to length a bag filled with a product (vacuum packaging apparatus, fig. 1), the machine comprising a cutting device for cutting off a superfluous bag neck (heating element 41 serves as a hot cutter to trim away residual web of pouch material beyond the seal, fig. 4, [0120]) and two mutually spaced-apart clamping devices for clamping a bag section (clamping device 26, 27, and secondary clamping device brought to bear on bag in region of label 48, fig. 8b, [0127]), the cutting device is positioned between the clamping devices so that the cutting of the bag neck can be carried out by the cutting device within the bag section clamped by the spaced-apart clamping devices (heating element 41 is between clamping device 26, 27 and the secondary clamping device since the second clamping device is positioned at the label 48, [0127], fig. 8b), wherein the machine further comprises a tensioning device positioned between the clamping devices and configured to exert a tensioning force on the bag section after the bag section is clamped by the spaced-apart clamping devices (fingers 18, 19, movement of the fingers 18, 19 imparts tension to the mouth of the pouch, figs. 8a-c, [0117]). Smithson et al. disclose the fingers 18, 19 extend into the pouch beyond the clamp members 26, 27 but not as far as the sealing line, and therefore the ends of the fingers 18, 19 are positioned between the clamp members 26, 27 and the secondary clamp members (between the clamping devices). Smithson et al. disclose that the fingers 18, 19 remain in the pouch mouth tensioning the pouch after the clamp members 26, 27 and the secondary clamp members clamp the pouch ([0126]-[0129]), and therefore the fingers 18, 19 are configured to exert a tensioning force on the bag section after the bag section is clamped by the spaced-apart clamping devices.
Smithson et al. disclose a pressure plate 44 and surface to compress the pouch and contents during vacuum packaging ([0121], fig. 9a), but fail to disclose a chamber machine.
Chesterfield et al. disclose a similar vacuum packaging machine for sealing a bag mouth including an evacuating and sealing device (fig. 4), and chamber (packing frame 30 including bottom panel 32 and top panel 34 forming a chamber, bag 10 is placed into the packaging frame, pg. 4, l. 7-33) to compress the contents in a uniform manner (col. 5, l. 1-11).
It 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 to modify the Smithson et al. device to replace the pressure plate with the packing frame as taught by Chesterfield et al., to compress the contents in a uniform manner.
With respect to claim 2, Smithson et al. disclose both clamping devices are present as clamping devices formed separately from the sealing bar (elongate heat sealing members 33, 34 are separate from clamping members 26, 27, and secondary clamping members, figs. 4, 9a).
With respect to claim 3, Smithson et al. disclose a recess is provided for the tensioning device, into which recess the tensioning device can be pressed per tensioning stroke (fingers 18, 19 are received in recess formed by bridge portion 30 of frame 4, fig. 1).
With respect to claim 4, Smithson et al. disclose the tensioning device is adjustable together with the sealing bar by a common adjustment drive (pneumatic control means, cylinder and piston arrangements 22, 23 of fingers 18, 19 and cylinder and piston arrangements 28, 29 of clamp members are finely adjusted by pneumatic control means, fig. 1, [0056], [0068], [0117], [0119]).
With respect to claim 5, Smithson et al. disclose the tensioning device precedes the sealing bar (the fingers 18, 19 are separated to tension the mouth of the pouch before the elongate heat sealing members 33, 34 are operated, [0126]-[0129]).
With respect to claim 6, Smithson et al. disclose the tensioning device comprises at least one tensioning element that can be pressed into the clamped bag section to exert the tensioning force (restraining means comprises fingers 18, 19 that press into meeting portions 3a, 3b of the pouch mouth, [0117]).
With respect to claim 7, Smithson et al. disclose the cutting device comprises a cutting wire that can be energized to sever the bag neck (heating element 41 serves as a hot cutter to trim away residual web of pouch material beyond the seal, fig. 4, [0120]).
With respect to claim 8, Smithson et al. disclose at least one of the clamping devices is spring-loaded, at least one of the clamping devices has an elastic counter-pressure profile and/or at least one of the clamping devices on a side used to clamp the bag comprises at least one pressing element made of plastic or is at least partly made of plastic (the clamp members 26, 27 are made from a resilient material such as rubber, so as to be conformable to the shape of the tubes 6,7 and the fingers 18, 19, [0119]).
With respect to claim 11, Smithson et al. disclose the machine is configured for evacuating and/or gassing the bag (air extraction tubes 6, 7, fig. 8a).
With respect to claim 12, Smithson et al. disclose the clamping devices, the cutting device and/or the tensioning device are either present as integral components of a tool upper part or as integral components of a tool lower part (the lower clamp member 27, the cutting heating element 41, and the fingers 18, 19 are integral components of a lower part of the device, fig. 1).
With respect to claim 15, Smithson et al. disclose a method for severing an excess bag neck present on a bag filled with a product (heating element 41 serves as a hot cutter to trim away residual web of pouch material beyond the seal, fig. 4, [0120]), the method comprising: clamping a bag section of the bag for the severing of the bag neck by two clamping devices wherein the clamping devices are spaced apart from one another (clamping device 26, 27 separated from secondary clamping device brought to bear on bag in region of label 48, fig. 8b, [0127]); and after the bag section is clamped, exerting a tensioning force on the bag section by a tensioning device (fingers 18, 19, movement of the fingers 18, 19 imparts tension to the mouth of the pouch, figs. 8a-c, [0117]) in order to tension the bag section for a cutting device (heating element 41 serves as a hot cutter to trim away residual web of pouch material beyond the seal, fig. 4, [0120]), wherein the tensioning device is positioned between the clamping devices. Smithson et al. disclose the fingers 18, 19 extend into the pouch beyond the clamp members 26, 27 but not as far as the sealing line, and therefore the ends of the fingers 18, 19 are positioned between the clamp members 26, 27 and the secondary clamp members (between the clamping devices). Smithson et al. disclose that the fingers 18, 19 remain in the pouch mouth tensioning the pouch after the clamp members 26, 27 and the secondary clamp members clamp the pouch ([0126]-[0129]), and therefore, after the bag section is clamped, a tensioning force is exerted on the bag section by the fingers 18, 19.
Smithson et al. disclose using a pressure plate 44 and surface to compress the pouch and contents during vacuum packaging ([0121], fig. 9a), but fail to disclose a method using a chamber machine.
Chesterfield et al. disclose a similar vacuum packaging machine and method for sealing a bag mouth including an evacuating and sealing device (fig. 4), and chamber (packing frame 30 including bottom panel 32 and top panel 34 forming a chamber, bag 10 is placed into the packaging frame, pg. 4, l. 7-33) to compress the contents in a uniform manner (col. 5, l. 1-11).
It 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 to modify the Smithson et al. method to replace using the pressure plate with using a chamber machine as taught by Chesterfield et al., to compress the contents in a uniform manner.
With respect to claim 16, Smithson et al. disclose both clamping devices are formed as clamping devices that are separate from the sealing bar (elongate heat sealing members 33, 34 are separate from clamping members 26, 27, and secondary clamping members, figs. 4, 9a), wherein the clamping of the bag section, the tensioning of the bag section and the severing of the bag neck are carried out in temporally successive steps.
Smithson et al. disclose that the fingers 18, 19 remain in the pouch mouth tensioning the pouch after the clamp members 26, 27 and the secondary clamp members clamp the pouch ([0126]-[0129]), and therefore, after the bag section is clamped, a tensioning force is exerted on the bag section by the fingers 18, 19. Smithson et al. disclose that the pouch is cut after the pouch has been tensioned and clamped ([0129]). The claim sets forth “exerting a tensioning force”. Thus, since the fingers 18, 19 remain in tensioning position after clamping, Smithson et al. disclose exerting a tensioning force after clamping. Accordingly, Smithson et al. is considered to disclose that the clamping, the tensioning, and the cutting are carried out in temporally successive steps. The claim does not preclude exerting a tensioning force both before and after clamping, nor does the claim require that the tensioning device move to a tensioning position after clamping.
With respect to claim 17, Smithson et al. disclose sealing the bag with the sealing bar (elongate heat sealing members 33, 34 seal the pouch mouth, [0129]).
With respect to claim 18, Smithson et al. disclose the tensioning device for exerting the tensioning force on the bag section is pressed into a recess (fingers 18, 19 are received in recess formed by bridge portion 30 of frame 4, fig. 1).
With respect to claim 19, Smithson et al. fail to disclose an upper tool part and a lower tool part that are configured to form a sealable chamber.
Chesterfield et al. disclose a similar vacuum packaging machine including a chamber (packing frame 30 including bottom panel 32 and top panel 34 forming a chamber, bag 10 is placed into the packaging frame, pg. 4, l. 7-33) comprising an upper tool part (top panel 34) and a lower tool part (bottom panel 34) that are configured to form a sealable chamber (top panel 34, bottom panel 32, side wall 36, form a chamber having open and closed positioned, figs. 5, 6, col. 4, l. 7-33) to compress the contents in a uniform manner (col. 5, l. 1-11). Chesterfield et al. disclose the frame includes open and closed positions, and thus is considered to be sealable.
It 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 to modify the Smithson et al. device to replace the pressure plate with the upper tool part and lower tool part forming a sealable chamber as taught by Chesterfield et al., to compress the contents in a uniform manner.
With respect to claim 20, Smithson et al. fail to disclose an upper tool part and a lower tool part that are configured to form a sealable chamber.
Chesterfield et al. disclose a similar vacuum packaging machine including a chamber (packing frame 30 including bottom panel 32 and top panel 34 forming a chamber, bag 10 is placed into the packaging frame, pg. 4, l. 7-33) comprising an upper tool part (top panel 34) and a lower tool part (bottom panel 34) that are configured to form a sealable chamber (top panel 34, bottom panel 32, side wall 36, form a chamber having open and closed positioned, figs. 5, 6, col. 4, l. 7-33) to compress the contents in a uniform manner (col. 5, l. 1-11). Chesterfield et al. disclose the frame includes open and closed positions, and thus is considered to be sealable.
It 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 to modify the Smithson et al. method to replace the pressure plate with the upper tool part and lower tool part forming a sealable chamber as taught by Chesterfield et al., to compress the contents in a uniform manner.
Claims 9-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Smithson et al. in view of Chesterfield et al. as applied to claim 1 above, and further in view of Werner et al. (WO 2023/222444).
With respect to claim 9, Smithson et al. fail to disclose a discharge device for removing the bag neck after the bag neck has been cut by the cutting device.
Werner et al. disclose a device for sealing and cutting a bag including a conveying path 22 and suction channel 24 for transporting away the cut bag material 27 (fig. 3).
It 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 to modify the Smithson et al. device to including a conveying path and suction channel as taught by Werner et al. to transport away the cut bag material, especially since Smithson et al. disclose sending away the cut bag material for recycling ([0129]).
With respect to claim 10, Smithson et al. fail to disclose the discharge device comprises a blowing device and/or a suction device.
Werner et al. disclose a device for sealing and cutting a bag including a suction channel 24 for transporting away the cut bag material 27 (fig. 3).
It 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 to modify the Smithson et al. device to including a suction channel as taught by Werner et al. to transport away the cut bag material, especially since Smithson et al. disclose sending away the cut bag material for recycling ([0129]).
With respect to claim 13, Smithson et al. fail to disclose a chamber belt machine.
Werner et al. disclose a device for sealing and cutting a bag including a belt (belt 32, fig. 1) for transporting the cut bags away from the device.
It 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 to modify the Smithson et al. device to include a belt as taught by Werner et al., to positively transport the bags away from the machine.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Smithson et al. in view of Chesterfield et al. as applied to claim 1 above, and further in view of Yang et al. (CN 114955112).
With respect to claim 14, Smithson et al. fail to disclose a packaging line comprising a shrinking device and a drying device.
Yang et al. disclose a device for packaging contents in a bag, and including a shrinking device (heat shrinking packaging machine, 1, fig. 1) and a drying device (blower 102, fig. 12) for heat shrinking a bag and for drying the device.
It 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 to modify the Smithson et al. device to include a shrinking device and a drying device as taught by Yang et al. to provide a tight package and to prevent damage to the device, especially since Smithson et al. disclose shrink wrapping the sealed bag after evacuating ([0085]).
Response to Arguments
With respect to the drawings, the drawing amendments and applicant’s arguments have been fully considered and are persuasive. The objection to the drawings is hereby withdrawn.
With respect to the rejection of claims 1-18 under 35 U.S.C. 112(b), the claim amendments and applicant’s arguments have been fully considered and are persuasive. The rejection under 35 U.S.C. 112(b) is hereby withdrawn.
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Koke et al. (WO 2004/056655) disclose a tensioning and clamping device.
Timmerbeil (US Patent No. 3,866,395) disclose a tensioning and clamping device.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LINDA J. HODGE/Examiner, Art Unit 3731