DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on March 25th 2022 and May 30th 2025 are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the references cited therein are considered by the examiner.
Claim Rejections - 35 USC § 103
3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
4. Claims 1, 3-5, 7, 10, 11, 13, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view of Forzano (US 2014/0290185) and Cloud (US 3,426,505).
Regarding claim 1, Tani disclose an apparatus (Fig. 2) for making pouch products (60), the apparatus (Fig. 2) comprising:
a rotatable drum (43); and
a first material dispensing station (see annotated diagram 1 below) configured to transfer a first material (11 top) to a first receiving location (see annotated diagram 1 below), the first material dispensing station (see annotated diagram 1 below) including, the first material (11 top) including a first layer (12 top) and a first support layer (13 top; Fig. 2), a portion of the first layer (12 top) configured to be separated from a portion of the first support layer (13 top; Fig. 2) at the first material dispensing station (see annotated diagram 1 below) such that the portion of the first layer (12 top) is received at the first receiving location (see annotated diagram 1 below; Fig. 2) along a path of the rotatable drum (43; col. 3 ll. 1-13).
Tani fails to disclose a first elastic layer, a portion of the first elastic layer configured to separated from a portion of the first support layer.
However, Forzano teaches an elastic layer (para. [0039]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the first layer of Tani having provided the elasticity of Forzano, in order to provide a pliable material capable of holding material.
Tani in view of Forzano fail to disclose a rotatable drum including plurality of divots along a central portion of the rotatable drum, the plurality of divots moving along a circumference path as the rotatable drum rotates.
However, Cloud teaches a rotatable drum (11) including a plurality of divots (23) along a central portion of the rotatable drum (11; Fig. 2), the plurality of divots (23) moving along a circumference path as the rotatable drum (11) rotates.
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the apparatus of Tani in view of Forzano by having provided the divots of Cloud, in order to retain the first layer on the rotatable drum, while said first layer is being conveyed.
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Regarding claim 3, Tani discloses further comprising: a doser (42) at a dosing location (see annotated diagram 1 above) along a path of the rotatable drum (43), the doser (42) configured to deliver a filling material (50) to a portion of the first material (11 top).
Regarding claim 4, Tani discloses further comprising: a second material dispensing station (see annotated diagram 1 above) configured to deliver a second material (11 bottom) to a second receiving location (see annotated diagram 1 above), the first material (11 top) being aligned with the second material (11 bottom) at the second receiving location (see annotated diagram 1 above; Fig. 2), such that the filling material (50) is between the portion of the first material (11 top) and a portion of the second material (11 bottom; Fig. 2).
Tani fails to disclose a second elastic layer.
However, Forzano teaches an elastic layer (para. [0039]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the second layer of Tani by having provided the elasticity of Forzano, in order to provide a pliable material capable of holding material.
Regarding claim 5, Tani discloses the second material (11 bottom), a portion of the second layer (12 bottom) configured to be separated from a portion of the second support layer (13 bottom) at the second dispensing location (see annotated diagram 1 above) such that the portion of the second layer (12 bottom) is received at the second receiving location (see annotated diagram 1 above; Fig. 2).
Tani fails to disclose the second elastic layer.
However, Forzano teaches an elastic layer (para. [0039]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the second layer of Tani by having provided the elasticity of Forzano, in order to provide a pliable material capable of holding material.
Regarding claim 7, Tani discloses further comprising: a heat knife assembly (45; col. 3 ll. 39-48) at a cutting and sealing location (see annotated diagram 1 above) along the path of the rotatable drum (43; Fig. 2; a path is defined as: the course or direction in which a thing is moving. In the instant case, the path of the rotatable drum is between element 21 and element 70).
Regarding claim 10, Tani discloses further comprising: an ejector system (42) at a product ejection location (see annotated diagram 1 above) along a path of the rotatable drum (43), the ejector system (42) configured to remove product (50, 60) from the apparatus (Fig. 2).
Regarding claim 11, Tani discloses further comprising: a conveyor system (70) at the product ejection location (see annotated diagram 1 above) configured to move the product (50, 60) once the product (50, 60) has been removed from the apparatus (Fig. 2).
Regarding claim 13, Tani discloses wherein the first material dispensing station (see annotated diagram 1 above) includes a first dispenser roller (21 top) configured to hold a roll of the first material (11 top; Fig. 2), and a first roller (22 top) configured to convey the first material (11 top) from the first dispenser roller (21 top) to the first receiving location (see annotated diagram 1 above; Fig. 2).
Tani fails to disclose a first plurality of rollers.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a first plurality of rollers, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 17, Tani discloses wherein the second material dispensing station (see annotated diagram 1 above; Fig. 2) includes a second dispenser roller (21 bottom) configured to hold a roll of the second material (11 bottom; Fig. 2), and a second roller (22 bottom) configured to convey the second material (11 bottom) from the second dispenser roller (21 bottom) to the second receiving location (see annotated diagram 1 above; Fig. 2).
Tani fails to disclose a second plurality of rollers.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a second plurality of rollers, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
5. Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view of Forzano (US 2014/0290185) and Cloud (US 3,426,505) as applied to claim 1 above, and in further view of Kobayashi (US 8,142,595).
Regarding claim 2, Tani discloses wherein the first material dispensing station (see annotated diagram 1 above) further includes a peeling roller (22) configured to separate the portion of the first layer (12 bottom) from the portion of the first support layer (13 bottom; Fig. 2).
Tani fails to disclose a first elastic layer.
However, Forzano teaches an elastic layer (para. [0039]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the first layer of Tani by having provided the elasticity of Forzano, in order to provide a pliable material capable of holding material.
Tani in view of Forzano fail to disclose the stripper plate.
However, Kobayashi teaches a stripper plate (62).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to replace the peeling roller of Tani in view of Forzano and Cloud by having provided the stripper plate of s, in order to physically lift the first layer from the first support layer prior to removal.
Regarding claim 6, Tani discloses the second material dispensing station (see annotated diagram 1 above), the second support layer (13 bottom; Fig. 2).
Tani fails to disclose the second elastic layer.
However, Forzano teaches an elastic layer (para. [0039]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the second layer of Tani by having provided the elasticity of Forzano, in order to provide a pliable material capable of holding material.
Tani in view of Forzano and Cloud fail to disclose a second stripper late configured to separate the portion of the second elastic layer from the portion of the second support layer.
However, Kobayashi teaches a stripper plate (62).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to replace the peeling roller of Tani in view of Forzano and Cloud by having provided the stripper plate of Kobayashi, in order to physically lift the first layer from the first support layer prior to removal.
6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view of Forzano (US 2014/0290185) and Cloud (US 3,426,505) as applied to claim 7 above, and further in view of Spatafora et al. (US 5,729,959; “Spatafora”).
Regarding claim 8, Tani in view of Forzano and Cloud disclose the heat knife assembly (45), the first elastic layer and the second elastic layer.
Tani in view of Forzano and Cloud fail to disclose the heat knife assembly comprises: a heat knife assembly roller, and a plurality of heat knives along the heat knife assembly roller, the heat knife assembly configured to seal a peripheral portion of the first elastic layer to a second peripheral portion of the second elastic layer, such that the filling material is enclosed between the first elastic layer and the second elastic layer to form a pouch product.
However, Spatafora teaches a heat knife assembly (17, 18, 20) comprising: a heat knife assembly roller (17), and a plurality of heat knives (18, 20) along the heat knife assembly roller (17; Fig. 1), the heat knife assembly (17, 18, 20) configured to seal a peripheral portion of a first layer to a second peripheral portion of a second elastic layer (Fig. 1), such that the filling material is enclosed between the first layer and the elastic layer to form a pouch product (19).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the heat knife assembly of Tani in view of Forzano and Cloud by having provided the heat knife assembly of Spatafora, in order to increase throughput of the pouch production, due to multiple heat knives being disposed on the heat roller.
7. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view of Forzano (US 2014/0290185) and Cloud (US 3,426,505) as applied to claim 4 above, and further in view of McCabe (US 2007/0267149).
Regarding claim 9, Tani in view of Forzano and Cloud disclose the first material (11 top) and the second material (11 bottom; Fig. 2), and the path of the rotatable drum (43).
Tani in view of Forzano and Cloud fail to disclose further comprising: a waste removal system at a waste removal location along a path of the rotatable drum, the waste removal system including, a waste vacuum configured to remove remnants of the first material and remnants of the second material.
However, McCabe teaches a waste removal system (28) at a waste removal location (Figs. 4-6), the waste removal system (28) including, a waste vacuum (para. [0031]) configured to remove waste material (30; para. [0004], [0031]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the apparatus of Tani in view of Forzano and Cloud by having provided the waste removal system of McCabe, in order to remove waste from the processing apparatus, so as, not to interfere with the elements for processing.
8. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view of Forzano (US 2014/0290185) and Cloud (US 3,426,505) as applied to claim 4 above, and further in view of Kamigaito (US 2012/0285130).
Regarding claim 12, Tani in view of Forzano and Cloud discloses a cutting and sealing location (45) along a path of the rotatable drum (22; Fig. 2).
Tani in view of Forzano and Cloud fails to disclose an ultrasonic rotary sealer and cutter at a cutting and sealing location along the path of the rotatable drum.
However, Kamigaito teaches an ultrasonic rotary sealer and cutter (50a, 50b, 72; para. [0063], [0117]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the cutting and sealing station of Tani in view of Forzano and Cloud by having provided the ultrasonic rotary sealer and cutter of Kamigaito, in order to efficiently seal the package.
9. Claims 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view of Forzano (US 2014/0290185) and Cloud (US 3,426,505) as applied to claim 13 and 17 above, and further in view of Edwards et al. (US 2014/0361018; “Edwards”).
Regarding claim 14, Tani in view of Forzano and Cloud disclose the first material dispensing station (see annotated diagram 1 above; Fig. 2).
Tani in view of Forzano and Cloud fail to disclose at least one first tensioner configured to apply tension to the first material as the first material is conveyed from the dispenser roller to the first receiving location
However, Edwards teaches at least one tensioner (114) configured to apply tension to a material (110) as the material (110) is conveyed from a dispenser roller (112) to the receiving location (116; para. [0015]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the first material dispensing station of Tani in view of Forzano and Cloud by having provided the tensioner of Edwards, in order to provide a fully tensioned and uncrumpled film to be processed.
Regarding claim 18, Tani in view of Forzano and Cloud disclose the second material dispensing station (see annotated diagram 1 above; Fig. 2).
Tani in view of fail Forzano and Cloud to disclose at least one second tensioner configured to apply tension to the second material as the second material is conveyed from the dispenser roller to the second receiving location
However, Edwards teaches at least one tensioner (114) configured to apply tension to a material (110) as the material (110) is conveyed from a dispenser roller (112) to a receiving location (116; para. [0015]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the second material dispensing station of Tani in view of Forzano and Cloud by having provided the tensioner of Edwards, in order to provide a fully tensioned and uncrumpled film to be processed.
10. Claims 15, 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tani et al. (US 5,412,925; “Tani”) in view Forzano (US 2014/0290185) and Cloud (US 3,426,505) as applied to claim 13 above, and further in view of Randall (US 3,200,560).
Regarding claim 15, Tani in view of Forzano and Cloud disclose the first material dispensing station (see annotated diagram 1 above) and the first material (11 top; Fig. 2).
Tani in view of Forzano and Cloud fail to disclose wherein the first material dispensing station further comprises: a dewrinkling roller configured to reduce wrinkles in the first material.
However, Randall teaches a dewrinkling roller (112, 113) configured to reduce wrinkles in a material (119; col. 5 ll. 75, col. 6 ll. 1-4).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the first material of Tani in view of Forzano and Cloud by having provided the dewrinkler of Randall, in order to spread and dewrinkle the pouch (col. 6 ll. 3-4).
Regarding claim 16, Tani in view of Forzano and Cloud disclose the apparatus (Fig. 2).
Tani in view of Forzano and Cloud fail to disclose wherein the first dewrinkling roller has a bowed outer surface.
However, Randall teaches the dewrinkling roller (112, 113) has a bowed outer surface.
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the apparatus of Tani in view of Forzano and Cloud by having provided the bowed dewrinkler of Randall, in order to dewrinkle the conveyed second material being passed through the dewrinkling roller.
Regarding claim 19, Tani in view of Forzano and Cloud disclose the second material dispensing station (see annotated diagram 1 above) and the second material (11 bottom; Fig. 2).
Tani in view of Forzano and Cloud fail to disclose wherein the second material dispensing station further comprises: a dewrinkling roller configured to reduce wrinkles in the second material.
However, Randall teaches a dewrinkling roller (112, 113) configured to reduce wrinkles in a material (119; col. 5 ll. 75, col. 6 ll. 1-4).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the second material of Tani in view of Forzano and Cloud by having provided the dewrinkler of Randall, in order to spread and dewrinkle the pouch (col. 6 ll. 3-4).
Regarding claim 20, Tani in view of Forzano and Cloud disclose the apparatus (Fig. 2).
Tani in view of Forzano and Cloud fail to disclose wherein the second dewrinkling roller has a bowed outer surface.
However, Randall teaches the dewrinkling roller (112, 113) has a bowed outer surface.
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the apparatus of Tani in view of Forzano and Cloud by having provided the bowed dewrinkler of Randall, in order to dewrinkle the conveyed second material being passed through the dewrinkling roller.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731