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 .
This action is in response to the preliminary amendment received on February 21, 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the length exceeds the recommended length of 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 dividing device and pretreating device of claim 1; the first number of openings of claim 4 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.
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.
Claims 1-4, 9-13, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FREDERICK et al. (US 2022/0348368).
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Diagram I
In reference to claims 1 and 2, FREDERICK et al. discloses a packaging apparatus comprising: at least one feed device 40; at least one dividing device (see Diagram I above of Figure 1) grouping at least two articles A; an application head 80 for applying and affixing a packaging blank B to at least one of the group of articles A (figures 2 & 5); a magazine 50 that holds a plurality of the packaging blanks B (paragraph [0032]; figure 5); wherein the application head 82 is provided with pretreating devices (paragraph [0047]- “…one or more of the retainer blank, die block and/or EAOT may be adapted to at least initiate formation of the banner portion of such clip, as by bending or creasing.”) configured to partially fold tabs 116 of through-openings 112 in the packaging blank B supplied from the magazine 50.
Regarding claim 3, paragraphs [0047] and [0052] of FREDERICK et al. further disclose the application head 80 including an application plate 81 and a prebreaking plate 82, wherein the application plate 81 is equipped with retaining devices 83 and the prebreaking plate 82 is equipped with prebreaking devices 86 (paragraph [0052]- “effectuate sought after retainer blank manipulates, e.g. and without limitation, dividing, scoring, bending folding, etc…”).
With respect to claim 4, figures 2 and 4 of FREDERICK et al. further discloses the application plate 81 comprising a first number of openings 84, and the prebreaking plate 82 having a first number of prebreaking device 86 that extend in a downward direction (toward a blank B secured thereto) from a bottom side of the prebreaking plate 82.
Regarding claims 9 and 10, paragraph [0044] of FREDERICK et al. discloses the magazine 50 comprising a first pretreatment device (e.g. fingers) configured to at least partially fold regions (e.g. die lines 114 at through-openings 112) of a packaging blank B at the top of the magazine (figure 5).
In reference to claim 11, FREDERICK et al. discloses a packaging apparatus comprising: at least one feed device 40; at least one dividing device (see Diagram I above of Figure 1) grouping at least two articles A; an application head 80 for applying and affixing a packaging blank B to at least one of the group of articles A (figures 2 & 5); a magazine 70 that holds a plurality (each blank stacked in holder 50 are transferred to magazine 70) of the packaging blanks B (paragraph [0032]; figure 5); wherein the application head 82 is provided with pretreating devices (paragraph [0047]- “…one or more of the retainer blank, die block and/or EAOT may be adapted to at least initiate formation of the banner portion of such clip, as by bending or creasing.”) configured to partially fold tabs 116 of through-openings 112 in the packaging blank B supplied from the magazine 70. Figure 2 of FREDERICK et al. further discloses the magazine 70 comprising pretreatment devices 72 configured to fold edge portions 116 of through-openings 112 in the packaging blanks B arranged on the magazine 70, wherein the pretreatment devices 72 are truncated cone mandrels that extend upwardly from a surface of the magazine 70.
With respect to claims 12 and 13, FREDERICK et al. discloses a method for producing packaging units comprising: feeding a plurality of articles (figure 1); holding (figure 5) a plurality of packaging blank B in a magazine 50, wherein the packaging blanks B comprise through-openings 112 with edge regions 116; dividing (see Diagram I above) the plurality of articles into article groups A of at least two articles; pretreating (paragraph [0046-0047]) the edge regions 116 of the through openings 112 in the packaging blank B; applying the pretreated packaging blanks B to article groups A with an application head 80; wherein the pretreatment step (paragraph [0052]) is carried out by the application head 80.
In reference to claim 15, paragraph [0044] of FREDERICK et al. further discloses the magazine 50 comprising a first pretreatment device (e.g. fingers) configured to at least partially fold regions (e.g. die lines 114 at through-openings 112) of a packaging blank B at the top of the magazine (figure 5).
Allowable Subject Matter
Claims 5-8, 14 and 16 are 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.
The following is a statement of reasons for the indication of allowable subject matter of claims 5-8 and 14: Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed packaging method and apparatus comprising the provision of application head including an application equipped with a first number of openings and retaining device for temporarily holding a packaging blank, and a prebreaking plate equipped with prebreaking devices that extend from the bottom side of the prebreaking plate; wherein the prebreaking plate and prebreaking devices are arranged a first distance above the application plate in a first operating position and arranged a second distance above the application plate in a second operating position such that the prebreaking devices are at least partially arranged within corresponding openings in the application plate for the purpose of pretreating edges of the blank that correspond with the openings to more effectively secure the blank to a group of articles.
Most related prior art, such as FREDERICK et al., discloses a blank application head having plates that are configured to move relative to one another (figures 5 & 6); however, the prebreaking devices are not arranged relative to corresponding openings 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. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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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.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
January 14, 2026