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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/12/2025 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 under 37 CFR 1.83(a) because the Claims mention a clockwise direction and an anticlockwise rotation direction. The drawings must show every feature of the invention specified in the claims. Therefore, the feature must be shown or canceled from the claim(s). No new matter should be entered.
According to the Specification, Figure 3 shows the film wrapper (7) in the start position (SP), which is situated opposite the outfeed side (15) of the pressing and packaging zone (2).
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 § 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 to 11 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.
Regarding Claims 1, 2 and 10:
The Claims include the limitations “clockwise” and “anticlockwise” that are considered indefinite since no reference plane was provided to define them.
Regarding Claim 1:
The Claim includes the limitation:
“wherein the packaging device comprises a film wrapper which is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale”.
This limitation is unclear because it merely states the intent to perform a function, not even if it is actually capable of performing it without providing any indication about how the function is performed. The recited function does not follow from the structure recited in the claim, so it is unclear whether the function requires some other structure or is simply a result of operating the device on a certain way. Note that as claimed the wrapping device could be a simple hand operated device to be used manually.
For prosecution it will be considered that the formation and packaging of the bale is made in a fully automatic manner, as indicated in the Specification.
Claim 1 also recites the limitation " the side walls of the bale" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 10:
The Claim reads:
d) driving the top ram or bottom ram for carrying out a pressing stroke;
e) retracting the top ram;
This is unclear since the top ram can’t be retracted if it was not driven. The Claim will be read as –retracting the top ram or bottom ram--.
The Claim also reads:
f) repeating steps c), d), and e) until the press compartment contains a desired amount of compressible material
This in unclear since on step c the “desired amount of compressible material” could have been fed and then the Examiner will consider that repeating the steps would not be required.
Claim Rejections - 35 USC § 103
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 1, 4, 5 and 7 to 11 are rejected under 35 U.S.C. 103 as being unpatentable over Gualchierani (WO 2005/012098) in view of d'Haene (US 2016/0318640).
Regarding Claim 1 and 8:
Gualchierani discloses a single-chamber baler device (Figure 1, pressing and binding station 105) intended for forming and, by way of a packaging material, packaging bales composed of a compressible material in the form of natural and/or synthetic fibers, comprising:
a pressing and packaging zone (Figure 2, where Bale BO is located),
a packaging device configured for packaging a bale in the pressing and packaging zone (Figure 2, assembly 306, 310, 312 carries a sheet 303 to wrap the bale BO),
a top ram and a bottom ram (Figure 2, plates 137 and 141 will be considered the top and bottom rams),
wherein the material is formed into a bale in the pressing and packaging zone between the top ram and the bottom ram (Figure 2, Bale BO between plates 137 and 141),
wherein the pressing and packaging zone is provided with an outfeed side along which a packaged bale exits the pressing and packaging zone (Figure 1, No specific outfeed side is disclosed, but binder 151 is associated with the final pressing and binding station 105, as is a carriage with collection device that picks up and removes pressed and bound bales from the final pressing station 105), and
wherein the packaging device comprises a film wrapper which is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale, wherein the film wrapper is rotatable anticlockwise at least between a start position and a delivery position, and is rotatable clockwise between the delivery position and an end position (Figures 3 to 6 show arm 310 carrying upright 312 with film 303 on an anticlockwise direction around bale BO between a start position on Figure 3 and a delivery position on Figure 6 and clockwise between the delivery position and an end position back on Figure 3),
wherein the single-chamber baler device comprises a vertically adjustable press compartment with a number of press-chamber walls (Figures 1 and 2, the space between plates 137 and 141 can be considered a vertically adjustable press compartment comprising also walls 129 and 125 that can be considered “press-chamber walls” short of any additional limitation),
wherein the adjustable press compartment can be adjusted between a pressing position, in which compressible material can be compressed in the pressing and packaging zone between the top ram, the bottom ram and the press-chamber walls of the press compartment prior to the formation of a bale, and a packaging position, in which the side walls of the bale formed in the pressing and packaging zone are accessible to the packaging device (Figures 1, 2 and 9, On Figure 1 the pressing position is shown, before the material is compressed prior to the formation of a bale and on dashed line plate 141 pressing to form the bale, Figures 2 and 9 show the sidewalls of the bale “accessible” to the packaging device).
Gualchierani discloses that the packaging device is rotatable clockwise and anticlockwise, but does not disclose that the film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale, or wherein the film wrapper is rotatable anticlockwise at least between a start position and a delivery position, and is rotatable clockwise between the delivery position and an end position, and in that the start position of the film wrapper is situated on the side situated opposite the outfeed side of the pressing and packaging zone.
d'Haene teaches a wrapping device for a similar single-chamber baler device that to wrap a bale without using a welding device has a film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale (Paragraph 0041. comprises a wrapping unit (3) which is rotatable clockwise and counterclockwise, see FIG. 3, and is configured to wrap part of a bale (12) by rotating the wrapping unit (3) around the bale counterclockwise, and wrapping another part of a bale by rotating the wrapping unit (3) around the bale clockwise), or wherein the film wrapper is rotatable anticlockwise at least between a start position and a delivery position, and is rotatable clockwise between the delivery position and an end position (Figure 4 shows the start position, Figures 5 the wrapping in the anticlockwise direction to the delivery position, Figures 6 to 10 the wrapping in the clockwise direction to the end position EP and Figure 11 the return to the start position),
also teaches that the film wrapper, at the location of its end position (EP), is movable between the end position (EP) and a cutting position (CP) (paragraph 0049, At the point in time when the wrapping unit (3) reaches its end position (EP), see FIG. 8, the entire bale is covered, except for a small part of the front surface (A). This last part will be covered with wrapping material (3) in a fourth step by the wrapping unit (3) moving from its end position (EP) to a cutting position (CP), see FIG. 9).
and
in that the start position of the film wrapper is situated on the side situated opposite the outfeed side of the pressing and packaging zone (Figure 1 shows wrapping holder 5 of wrapping unit 6 on the start position side situated opposite the outfeed side of the pressing and packaging zone where tyin-up device 10 is located).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Gualchierani the teachings of d'Haene and to have a bale without using a welding device, replace the wrapping device for the one of d'Haene, so the welding device has a film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale as claimed and in that the start position of the film wrapper is situated on the side situated opposite the outfeed side of the pressing and packaging zone since that is a well-known way in the art to wrap a bale without need of a welding device.
Regarding Claim 4:
Gualchierani discloses the packaging device comprises guide means which are intended for guiding the packaging material through the film wrapper during rotation of the film wrapper around the bale (Figure 2 and 9, upright 312 will be considered the guiding means, note that d'Haene teaches identical guide rollers 6).
Regarding Claim 5:
As disclosed for Claim 1, the modified invention of Gualchierani discloses the invention as claimed.
The modified invention of Gualchierani does not disclose if the packaging device comprises a linearly movable translation wrapper as claimed.
As discussed for Claim 1, d'Haene teaches a wrapping device for a similar single-chamber baler device that to wrap a bale without using a welding device has a film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale and the packaging device comprises a linearly movable translation wrapper intended for gripping the packaging material at the location of the delivery position and carrying it along in the direction of the end position of the film (Figure 5, Paragraphs 0046, 0047, When the wrapping unit (3) reaches the dispensing position (AP), the wrapping material (2) is gripped by the gripper elements which are provided on the linearly movable carriage (4), that will be considered the linearly movable translation wrapper. In a second step, the carriage (4) moves linearly in the direction of the other side of the bale in order thus to virtually completely cover the front surface (D) of the bale with a wrapping material (2) (see FIG. 6). At the same time, the wrapping unit (3) will rotate clockwise to an end position (EP). Figure 6 shows how the carriage 4 moves in the general direction of EP to cover the bale, The linear carriage (4) will release the wrapping material (2) which was carried along at the location of the end position of the rotatable wrapping unit (3)).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Gualchierani the teachings of d'Haene and have the packaging device comprise a linearly movable translation wrapper intended for gripping the packaging material at the location of the delivery position and carrying it along in the direction of the end position of the film to as a well-known way to complete cover the bale from the delivery position to the end position of the film while wrapping the bale in the anticlockwise direction between a start position and a delivery position, and in a clockwise between the delivery position and an end position.
Regarding Claim 7:
Gualchierani discloses that the device furthermore comprises a cutting device intended for cutting the packaging material (not numbered “cutting means” that cut the sheet).
Regarding Claim 9:
Gualchierani discloses that the device furthermore comprises a binding device intended for tying the packaged bale using a tying material (Figure 1, Binder 151, is a binding device with straps, namely a device for strapping the bale).
Regarding Claims 10 and 11 (See rejection 112):
Gualchierani discloses a method for forming and packaging bales in a single-chamber baler device according to Claim 1, the method comprising:
a) providing a bottom sheet of packaging material on the bottom ram for covering a bottom surface of a bale to be formed (Figures 1, 2 and 8, Sheet T1 is provided to cover the surface of the top and the bottom rams 137 and 141);
b) placing the press compartment in its pressing position;
c) introducing an amount of compressible material into the press compartment (Figure 1 shows the press compartment in its pressing position just before introduction of the material by plate 125);
d) driving the top ram or bottom ram for carrying out a pressing stroke;
e) retracting the top ram (or bottom ram);
f) repeating steps c), d), and e) until the press compartment contains a desired amount of compressible material, wherein (Gualchierani discloses all the desired material is provided on the first try, so the steps are not repeated), after or at the same time that step c) is carried out for the final time, a top sheet of packaging material is provided between the bale to be formed and the top ram before a top surface of a bale to be formed is covered (Figures 1, 2 and 8, Sheet T1 is provided to cover the surface of the top and the bottom rams 137 and 141);
g) driving the top ram or bottom ram before a final pressing stroke for the formation of the bale is carried out (The top or the bottom ram were driven on a previous packaging operation);
h) moving the press compartment to its packaging position (Figure 1 shows on dashed lines the press compartment to its packaging position after the compressible material is loaded, Figure 2 also shows the press compartment on its packaging position);
As discussed for Claim 1; the teachings of d'Haene were used to modify Gualchierani, since Gualchierani discloses that the packaging device is rotatable clockwise and anticlockwise, but does not disclose that the film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale, or wherein the film wrapper is rotatable anticlockwise at least between a start position and a delivery position, and is rotatable clockwise between the delivery position and an end position, and in that the start position of the film wrapper is situated on the side situated opposite the outfeed side of the pressing and packaging zone.
d'Haene teaches a wrapping device for a similar single-chamber baler device that to wrap a bale without using a welding device has a film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale (Paragraph 0041. comprises a wrapping unit (3) which is rotatable clockwise and counterclockwise, see FIG. 3, and is configured to wrap part of a bale (12) by rotating the wrapping unit (3) around the bale counterclockwise, and wrapping another part of a bale by rotating the wrapping unit (3) around the bale clockwise), or wherein the film wrapper is rotatable anticlockwise at least between a start position and a delivery position, and is rotatable clockwise between the delivery position and an end position (Figure 4 shows the start position, Figures 5 the wrapping in the anticlockwise direction to the delivery position, Figures 6 to 10 the wrapping in the clockwise direction and Figure 11 the return to the start position), and in that the start position of the film wrapper is situated on the side situated opposite the outfeed side of the pressing and packaging zone (Figure 1 shows wrapping holder 5 of wrapping unit 6 on the start position side situated opposite the outfeed side of the pressing and packaging zone where tyin-up device 10 is located);
and in particular d'Haene teaches passing a packaging material from a rotation wrapper to a translation wrapper (Paragraph 0041, 0046, Figure 5, the wrapping material is passed for wrapping unit 3 to a linearly movable carriage 4 that comprise one or more gripper elements which are suitable for gripping a wrapping material and will be considered a translation wrapper) to finish the wrapping on the anticlockwise direction and start the wrapping in the clockwise direction, the step involves the wrapping material covering at least partially upright surfaces of the bale when the linearly movable carriage 4 holds and the releases the wrapping material.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Gualchierani the teachings of d'Haene and to have a bale without using a welding device, replace the wrapping device for the one of d'Haene, so the welding device has a film wrapper is rotatable clockwise and anticlockwise and which is intended for packaging one part of the bale by way of anticlockwise rotation of the film wrapper around the bale and for packaging another part of the bale by way of clockwise rotation of the film wrapper around the bale as claimed and passing a packaging material from a rotation wrapper to a translation wrapper when finishing the wrapping on the anticlockwise direction and starting the wrapping in the clockwise direction since that is a well-known way in the art to wrap a bale without need of a welding device.
Claims 2 and 3 rejected under 35 U.S.C. 103 as being unpatentable over Gualchierani (WO 2005/012098) in view of d'Haene (US 2016/0318640) as applied to claim 1 above, and further in view of Lancaster (US 10005580).
Regarding Claims 2 and 3:
As disclosed for Claim 1, the modified invention of Gualchierani discloses the invention as claimed.
The modified invention of Gualchierani does not disclose the packaging device comprises a rotary ring mounted below the bottom ram, wherein the film wrapper is connected to the rotary ring for clockwise and anticlockwise rotation of the film wrapper or driving means for the ring.
Lancaster teaches using a horizontal rotating ring (Figure 3, rotating ring 204, driven by motor 238) placed below the load to be wrapped as a way to provide clockwise or anticlockwise rotation to the film wrapper, the rotation is provided by an electric motor 238.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Gualchierani the teachings of Lancaster and use a rotating ring driven by an electric motor mounted below the bottom ram to provide clockwise or anticlockwise rotation to the film wrapper as a well-known alternative way to provide for rotation of the film wrapper. Note that the specification includes this limitation as an alternative embodiment.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gualchierani (WO 2005/012098) in view of d'Haene (US 2016/0318640) as applied to claim 1 above, and further in view of Rewitzer (EP 0014923).
Regarding Claim 6:
As disclosed for Claim 1, the modified invention of Gualchierani discloses the invention as claimed.
The modified invention of Gualchierani does not disclose device furthermore comprises an upper gripping device, fitted in the top ram, and a lower gripping device, fitted in the bottom ram, wherein the upper gripping device and the lower gripping device are configured for gripping packaging material.
Rewitzer teaches using upper gripping devices, fitted in the top ram, and lower gripping devices, fitted in the bottom ram (Figure 7, hold-down devices 42a and 42b hold packaging material webs 19 and 30 on the contact surfaces of press ram 27 nor the bottom pressure plate 29 and Figure 9, hold-down devices 47a, b and 49a, b are an alternative design, to hold on to the packaging material placed between the plates and the bale, that prevents fouling of the surfaces of the top and bottom ram).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Gualchierani the teachings of Rewitzer and include upper gripping devices, fitted in the top ram, and lower gripping devices, fitted in the bottom ram to hold on to the sheets of packaging material that prevents fouling of the surfaces of the top and bottom ram. Note that both Gualchierani and d'Haene teach the use of those sheets, d'Haene calls them “top sheet and bottom sheet” and Gualchierani sheet T1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular Ruf (US 5873304) teaches a press ram that is lowered several times until the predetermined press volume is reached, Fierle (US 3688689) teaches the rams actuating until the desired reduction in volume is obtained, Zhao (CN 116534346) teach two rotating arms 54 respectively rotate clockwise and counter-clockwise, Pechenini (WO 2012153265) discloses a self-propelled wrapping device that could have bee used for Claim 1 at least, Del Jiacco (US 3996849) teaches operating the compression plates “until a desired bale is formed”, Maki (US 5239919) teaches applying several strokes until a desired density is achieved and Rudd (US 5081922) “a succession of compacting strokes) while Cere (US 2018/0162567) teach and horizontal rotating ring wrapping a load.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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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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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731
