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 .
Claim Rejections - 35 USC § 102
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.
(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 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wimmer, US 20240253883.
Regarding claim 1, Wimmer discloses: An application device (Fig. 2A, handling tool 56) of a packaging machine for producing packaging units (Fig. 1e, packaging unit 10) which are formed by joining at least one packaging blank (Fig. 1e, packaging blank 14) to a plurality of articles (Fig. 1e, articles 12), comprising:
- an application tool (Fig. 2A, handling tool 56) which carries, on its underside, a packaging blank (Fig. 2A, packaging blank 14) which can be placed on a packaging blank and can then place the packaging blank on an upper face of the plurality of articles (see Figs. 2a-2e), wherein the application device can exert a first joining force in a direction parallel to vertical longitudinal center axes of the articles (Fig. 2a, feed direction 68, stroke direction 74) to form first connections,
- a punch unit (Figs. 2a-2e, punch unit 72), which is assigned to the application device and can be placed together with the application tool on the plurality of articles, and wherein, after the packaging blank has been placed on the articles, the punch unit presses with a second joining force onto the upper faces of the plurality of articles in order to fully connect the packaging blank to the articles ([0296] “A blade-like folding punch 70 also projects from the lower side of the base plate 58, which provides that the folding region 46 be pressed into the main surface 18 of the packaging blank 14 as soon as the base plate 58 is either placed on the packaging blank 14 or is located at a defined vertical distance B (cf. in this regard FIG. 2D) above the packaging blank 14… [0297] “The folding punch 70, which preferably corresponds to the dimensions and in particular the length of the folding region 46 extending from narrow side to opposite narrow side of the main surface 18 of the packaging blank 14, presses the packaging blank 14 in the provided region— this is the folding region 46— between the rows of three beverage cans 34, which are initially still spaced apart by the horizontal distance A, and thereby activates the primary fixing element 22 (together with the folding of the side surfaces 24) and reduces the horizontal distance A to a value of zero or nearly zero, such that the beverage cans 34 all touch one another linearly at their shell surfaces 26.”).
Regarding claim 2, Wimmer further discloses: wherein the application tool (Fig. 2A, handling tool 56) comprises a flat or bowl-like attachment with apertures or recesses (Fig. 2A, base plate 58).
Regarding claim 3, Wimmer further discloses: wherein the punch unit can reach through the flat or bowl-like attachment and apply the second joining force to the packaging blank to form second connections ([0296-0297]).
Regarding claim 4, Wimmer further discloses: wherein the second joining force applied by the punch unit completes the connection between the packaging blank and the articles ([0296-0297]).
Regarding claim 5, Wimmer further discloses: wherein the application tool and the punch unit operate successively to carry out a two-stage joining process ([0296-0297]).
Regarding claims 6-14, Wimmer anticipates the device of claims 1-5. Therefore, under MPEP 2112.02, Process Claims [R-07.2015], the method of claims 6-14 are also anticipated, and therefore rejected. “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
