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 .
Status of Claims
This office action is in response to Applicant' s Request for Continued Examination filed on 29 September 2026.
Claims 1 – 8 and 10 are pending. Claims 9 is cancelled by Applicant.
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 September 2026 has been entered.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
Regarding claim 1, line 5, the limitation, “a grip handle”, should read, “the grip handle”, referring to its antecedent basis, “a grip handle”, in claim 1, line 2.
Regarding claim 8, line 5, the limitation, “a determination”, should read, “the determination”, referring to its antecedent basis, “a determination”, in claim 1, line 9.
Regarding claim 8, lines 6 and 7, the limitation, “an actuator”, should read, “the actuator”, referring to its antecedent basis, “an actuator”, in claim 1, line 10.
Appropriate correction is required.
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.
Claims 1 – 8 and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the limitation, “a welding working motor”, is indefinite because the claim positively recites a welding working motor along with a grip handle, a steering engine electric motor, and an inching switch. However, the claim does not positively recite any mechanical cooperation between the welding motor and the rest of the positively recited limitations. How does the welding motor mechanically cooperate with the positively recited limitations?
Regarding claims 1 and 8, the limitations,
wherein, after the startup of the steering engine electric motor, signals of the inching switch are detected, once a signal corresponding to the inching switch being switched on is detected, a determination is made whether a travel detection switch is acted upon by an actuator,
wherein, if the travel detection switch is not acted upon by the actuator, the steering engine electric motor is operated in an unlocking direction,
wherein, if the signal corresponding to the inching switch being switched on is not detected, the steering engine electric motor is operated in a corresponding locking direction, and
wherein the travel detection switch detects whether a swing arm is rotated to a limited angle in an unlocking direction. (claim 1)
when the steering engine electric motor operates in the locking direction, once detecting the signal corresponding to the inching switch being switched on, the steering engine electric motor is configured to stop, and at a stop state, once detecting a signal corresponding to the inching switch being switched on, a determination is made whether the travel detection switch is acted upon by an actuator, if the travel detection switch is not acted upon by an actuator, the steering engine electric motor is configured to operate in the unlocking direction. (Claim 8)
are indefinite because one, in claim 1, lines 7 – 8, “signals of the inching switch are detected” and in claim 8, lines 2 – 3, “once detecting the signal corresponding to the inching switch being switched on”, it is unclear how these signals are detected. Is there a sensor? The claims do not positively recite this sensor. Two, in claim 1, lines 9 – 10 and claim 8, lines 5 – 6, “a determination is made whether a travel detection switch is acted upon by an actuator”, it is unclear how and by what is the determination made. It appears there is some sort of control apparatus/controller yet the claim does not positively recite this control apparatus/controller. Three, how does “a travel switch”, “an actuator”, and “a swing arm”, mechanical cooperate with rest of the positively recited limitations (i.e., the grip handle, the steering engine electric motor, the welding working motor, and the inching switch)? How do the travel switch, the actuator, and the swing arm mechanically cooperate with the positively recited limitations?
Regarding claim 1, the limitation, “a startup of the steering engine electric motor being independently controlled by the inching switch”, is indefinite because the claim appears to have two different limitations, lines 7 – 9 and lines 13 – 14, that imply the steering engine electric motor has already started prior to the inching switch being switched on. What does “a startup of the steering engine electric motor” mean if the inching switch does not actually activate or turn on the steering engine electric motor? Also, the term, “independently”, indicates that the startup of the steering engine electric motor is controlled without outside control or influence. However, the limitations indicates that operating the steering engine electric motor in the unlocking direction depends upon whether the travel detecting switch is acted upon or not acted upon by the actuator.
Regarding claim 1, the limitation, “the travel detection switch detects whether a swing arm is rotated to a limited angle in an unlocking direction”, is indefinite because it is ambiguous how the switch detects whether the swing arm is rotated to a limited angle in an unlocking direction. Is there a sensor? The claims do not positively recite this sensor.
Regarding claim 1, line 16, the limitation, "an unlocking direction", is indefinite because it is ambiguous whether this unlocking direction is the same unlocking direction recited in claim 1, line 12, or this unlocking direction is a different unlocking direction.
Regarding claims 2 – 8 and 10, the claims recite “the control apparatus…” however these claims depend from claim 1 which is to a handheld packaging machine. There is no antecedent basis for this limitation and it is not clear what or how the control apparatus relates to the handheld packaging machine. The scope of the claims are unclear. These claims do not positively refer to and further limit the parent claim and appear to change the scope of the parent claims. Is applicant claiming a handheld packaging machine, a control apparatus or a combination of both. Due the attempt at breath of the claims, the claims are confusing.
Regarding claim 3, line 3, the limitation, “the position”, is indefinite because the limitation lacks antecedent basis.
Regarding claim 3, the limitation, "the position suitable for operation when the grip handle is held by a hand", is indefinite because the limitation is subjective such that the position may be suitable for operation for some users but not for other users. The specification does not disclose any objective standard for measuring the scope of this limitation wherein without this objective standard, one having ordinary skill in the art would not be able to determine the scope of the claim.
Regarding claims 4 and 5, the limitations, “a second switch is further arranged on the handheld packaging machine” and “a third switch is further arranged on the handheld packaging machine”, are indefinite because the claims positively recites a second switch and/or a third switch along with a grip handle, a steering engine electric motor, and an inching switch of claim 1. However, the claim does not positively recite any mechanical cooperation between the second switch and the third switch and the rest of the positively recited limitations. How does the second switch and the third switch mechanically cooperate with the positively recited limitations?
Regarding claims 4 and 5, the limitations, “an automatic tensioning and automatic continuous welding mode” and “a tensioning and welding separate control mode”, are indefinite because the parent claim has not positively recited any modes. How does these mode mechanically cooperate with the positively recited limitations of claim 1. Additionally, claim 4 states, “the second switch serves as a start switch in an automatic tensioning and automatic continuous welding mode” and claim 5 states, “the second switch serves as a start switch in a tensioning and welding separate control mode”. Which mode does the second switch serves as a start switch?
Regarding claim 6, the limitations, “when the steering engine electric motor operates in the unlocking direction for a set time, the steering engine electric motor is shut down” and “when the steering engine electric motor operates in the locking direction for a set time, the steering engine electric motor is shut down”, are indefinite because due to the term, “when”, as soon as the steering engine electric motor operates in either the unlocking direction or the locking direction, the steering engine electric motor is shut down. Should the term, “when”, be amended to “after”?
Regarding claim 7, the limitation, “when the steering engine electric motor operates …in a stop state, if the signal corresponding to the inching switch being switched on is not detected, the steering engine electric motor is operated in the locking direction”, is indefinite because the limitation indicates that when both the steering engine electric motor is in a stop or off state and the inching switch is in an off state, the steering engine electric motor is operated in the locking direction. Does this mean that when the handheld packaging machine is not in use and both the steering engine electric motor and the inching switch are in the stop or off state, the steering engine electric motor continuously runs in the locking state?
The claims cannot be understood and are replete with issues under 35 USC 112. It appears Applicant is attempting to claim method steps within an apparatus. The scope of the claims and the protection sought cannot be determined given the plurality of issues under 35 USC 112. Applicant is required to review and correct all issues so as to facilitate a clear understanding of the claimed invention and the protection sought.
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 is incorrect, any correction of the statutory basis 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 3, 6 – 8, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hubschmid (US 2025/0236423 A1).
Regarding claim 1, Hubschmid discloses a handheld packaging machine comprising:
a grip handle (150, fig. 1A);
a steering engine electric motor (900, fig. 3A);
a welding working motor (While the embodiment of the drawings show a motor assembly 900 configured to drive the tensioning assembly and the sealing assembly, [0095] describes another embodiment in which separate motors are configured to drive the tensioning assembly and sealing assembly respectively. The examiner interprets a motor assembly 900 that drives tensioning assembly as the claimed steering engine electric motor and the second motor described in [0095] to drive the sealing assembly as the claimed welding working motor); and
an inching switch (700, fig. 1A) arranged on a front of a lower side of a grip handle, a startup of the steering engine electric motor being independently controlled by the inching switch,
wherein, after the startup of the steering engine electric motor ([0041] describes the motor assembly 900 driving a tensioning wheel 590 in a tensioning/locking direction T), the signals of the inching switch are detected ([0088] describes sensors 1700 configured to detect when a rocker lever 700 is in its actuated position), once a signal corresponding to the inching switch being switched on is detected, a determination is made whether a travel detection switch (611, fig. 12A) is acted upon by an actuator (620, fig. 12A. Figure 12A shows a body 611 not acted upon a camshaft 620 and figure 12B shows the body 611 acted upon by the camshaft 620) ([0088] describes the sensors 1700 configured to detect when a camshaft 620 is in a home position),
wherein, if the travel detection switch is not acted upon by the actuator, the steering engine electric motor is operated in an unlocking direction ([0043] describes when the rocker lever 700 is in its actuated position, a decoupling assembly 1900 causes the motor assembly 900 to drive the tensioning wheel 590 in the release/unlocking direction Trev – opposite of the tensioning/locking direction T. Please note, [0043] describes that this occurs after a completion of a tensioning cycle but before the completion of the sealing cycle thus the camshaft 620 is in its home position as shown in figure 12A when the body 611 is not acted upon by the camshaft 620).
wherein, if the signal corresponding to the inching switch being switched on is not detected, the steering engine electric motor is operated in a corresponding locking direction ([0041] – [0042] describes the motor assembly 900 driving a tensioning wheel 590 in the tensioning/locking direction T when the rocker lever 700 is in its home or unactuated position), and wherein the travel detection switch detects whether a swing arm (613, fig. 12A) is rotated to a limited angle in an unlocking direction (Figure 12A shows a mounting arm 113 in an unlocking/raised position and figure 12B shows the mounting arm 113 in a locking/lowered position. Figures 7A and 7B shows the mounting arm 113 rotatably connected to the body 611).
Regarding claim 2, Hubschmid discloses the inching switch (700, fig. 1A) is an automatic reset switch ([0042] describes the rocker lever 700 used to reset a strap within the handheld packaging machine between the tension wheel 590 and the tensioning plate 312).
Regarding claim 3, Hubschmid discloses a position of the inching switch (700, fig. 1) corresponds to the position suitable for operation when the grip handle (150, fig. 1A) is held by a hand (As shown in figure 1A).
Regarding claim 6, Hubschmid discloses after the steering engine electric motor (900, fig. 3A) operates in the unlocking direction for a set time, the steering engine electric motor is shut down ([0043] describes when the rocker lever 700 is in its actuated position, a decoupling assembly 1900 causes the motor assembly 900 to drive the tensioning wheel 590 in the release/unlocking direction Trev. [0087] describes a controller 1600 operating the motor assembly 900 to cause the tension wheel 590 to rotate responsive to the first pushbutton actuator 1410 being actuated and maintained in its actuated state. Thus, the motor assembly 90 is capable of operating in the release/unlocking direction Trev when the rocker lever 700 is in its actuated position for a set time wherein the motor assembly 900 can be shut down by releasing the pushbutton actuator 1410 after that set time); when the steering engine electric motor operates in the locking direction for a set time, the steering engine electric motor is shut down ([0041] – [0042] describes the motor assembly 900 driving a tensioning wheel 590 in the tensioning/locking direction T when the rocker lever 700 is in its home or unactuated position. [0087] describes a controller 1600 operating the motor assembly 900 to cause the tension wheel 590 to rotate responsive to the first pushbutton actuator 1410 being actuated and maintained in its actuated state. Thus, the motor assembly 90 is capable of operating in the tensioning/locking direction T when the rocker lever 700 is in its home or unactuated position for a set time wherein the motor assembly 900 can be shut down by releasing the pushbutton actuator 1410 after that set time).
Regarding claim 7, Hubschmid discloses when the steering engine electric motor (900, fig. 3A) operates in the unlocking direction ([0043] describes when the rocker lever 700 is in its actuated position, a decoupling assembly 1900 causes the motor assembly 900 to drive the tensioning wheel 590 in the release/unlocking direction Trev), if the signal corresponding to the inching switch being switched on is not detected, the steering engine electric motor is operated in the locking direction ([0088] describes sensors 1700 configured to detect when a rocker lever 700 is in its actuated position. Thus, when the sensor 1700 do not detect the rocker lever 700 in its actuated position (i.e., when the rocker lever 700 is in its home or unactuated position), [0041] – [0042] describes the motor assembly 900 driving a tensioning wheel 590 in the tensioning/locking direction T when the rocker lever 700 is in its home or unactuated position).
Regarding claim 8, Hubschmid discloses when the steering engine electric motor (900, fig. 3A) operates in the locking direction ([0041] – [0042] describes the motor assembly 900 driving a tensioning wheel 590 in the tensioning/locking direction T when the rocker lever 700 is in its home or unactuated position), once detecting the signal corresponding to the inching switch being switched on, the steering engine electric motor is configured to stop ([0043] describes when the rocker lever 700 is in its actuated position, a decoupling assembly 1900 causes the motor assembly 900 to drive the tensioning wheel 590 in the release/unlocking direction Trev. Thus, the motor assembly 900 must inherently stop driving the tensioning wheel 590 in the tensioning/locking direction T in order to change the direction of rotation to drive the tensioning wheel 590 in the release/unlocking direction Trev), and at a stop state, once detecting a signal corresponding to the inching switch being switched on, a determination is made whether the travel detection switch (611, fig. 12A) is acted upon by an actuator (620, fig. 12A) ([0088] describes the sensors 1700 configured to detect when a camshaft 620 is in a home position), if the travel detection switch is not acted upon by an actuator, the steering engine electric motor is configured to operate in the unlocking direction ([0043] describes when the rocker lever 700 is in its actuated position, a decoupling assembly 1900 causes the motor assembly 900 to drive the tensioning wheel 590 in the release/unlocking direction Trev – opposite of the tensioning/locking direction T. Please note, [0043] describes that this occurs after a completion of a tensioning cycle but before the completion of the sealing cycle thus the camshaft 620 is in its home position as shown in figure 12A when the body 611 is not acted upon by the camshaft 620).
Regarding claim 10, Hubschmid discloses the grip handle (150, fig. 1A) is a fixed handle (As shown in figure 1A).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 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.
Claims 4 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hubschmid (US 2025/0236423 A1) in view of Keller (US 2014/0290179 A1).
Regarding claim 4, Hubschmid discloses the invention as recited in claim 1.
Hubschmid discloses a second switch (1410, fig. 1A – as part of an actuating assembly 1400) is further arranged on the handheld packaging machine, the second switch serves as a start switch in an automatic tensioning and automatic continuous welding mode ([0087]).
Hubschmid further discloses other embodiments not having an actuating assembly (1400, fig. 1A) and instead incorporating its functionality into the display assembly (1300, fig. 1A) ([0085]). However, Hubschmid does not disclose the specifics of how this functionality of the actuating assembly is incorporated with the display assembly.
Hubschmid does not disclose the second switch does not control a starting and shutting down of the steering engine electric motor.
However, Keller, in the same field of endeavor, teaches the second switch (pressure-actuable button 17, fig. 1) that does not control a starting and shutting down of the steering engine electric motor (14, fig. 1) (Keller teaches a display assembly similar to the display assembly 1300 of Hubschmid. [0031] describes a control panel/display assembly which has a plurality of pressure-actuable buttons 17, 30, 31, 33 where different modes of the strapping unit and parameters of the strapping operations can be preselected and set. [0022] describes an actuating element 16, separate from the plurality of pressure-actuable buttons 17, 30, 31, 33, for starting up the motor).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld packaging machine, as disclosed by Hubschmid, with a control panel/display assembly having the second switch serve as the start switch in an automatic tensioning and automatic continuous welding mode wherein the second switch does not control a starting and shutting down of the steering engine electric motor, as taught by Keller. Since Hubschmid does not disclose the specifics of how the functionality of the actuating assembly is incorporated with the display assembly, the one having ordinary skill in the art would have been motivated to look to Keller for these specifics – in particular to how apply the second switch serving as the start switch in the automatic tensioning and automatic continuous welding mode to the display assembly and having the separate actuating element 16 for starting up the motor.
Regarding claim 5, Hubschmid, as modified by Keller, discloses the invention as recited in claim 4.
Hubschmid discloses a third switch (1420, fig. 1A) is further arranged on the handheld packaging machine, the third switch serves as a start switch for the welding working motor in a tensioning and welding separate control mode ([0087]), the second switch serves as a start switch in a tensioning and welding separate control mode ([0087]).
Hubschmid does not disclose the third switch does not control the starting and shutting down of the steering engine electric motor.
However, Keller, in the same field of endeavor, teaches the third switch (pressure-actuable button 30, fig. 1) that does not control a starting and shutting down of the steering engine electric motor (14, fig. 1) (Keller teaches a display assembly similar to the display assembly 1300 of Hubschmid. [0031] describes a control panel/display assembly which has a plurality of pressure-actuable buttons 17, 30, 31, 33 where different modes of the strapping unit and parameters of the strapping operations can be preselected and set. [0022] describes an actuating element 16, separate from the plurality of pressure-actuable buttons 17, 30, 31, 33, for starting up the motor).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld packaging machine, as disclosed by Hubschmid, with a control panel/display assembly having the third switch serve as the start switch for the welding working motor in the tensioning and welding separate control mode wherein the third switch does not control a starting and shutting down of the steering engine electric motor, as taught by Keller. Since Hubschmid does not disclose the specifics of how the functionality of the actuating assembly is incorporated with the display assembly, the one having ordinary skill in the art would have been motivated to look to Keller for these specifics – in particular how to apply the third switch serving as the start switch in the tensioning and welding separate control mode to the display assembly and having the separate actuating element 16 for starting up the motor.
Response to Arguments
The drawings were received on 12 March 2025. These drawings are acceptable. Regarding the drawings, the examiner made an error in the last Office action by stating the claim element, “a controller”, is not shown in the drawings. Figure 5 shows the controller (“Single Chip Microcomputer”).
Applicant’s amendments and arguments with respect to the rejection of claims 1 – 10 under 35 USC §112(b) have been fully considered and are persuasive. The rejection of claims 1 – 10 under 35 USC §112(b) has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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 on 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.
/DAVID G SHUTTY/Examiner, Art Unit 3731
9 October 2026
