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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 13-23) in the reply filed on 06/17/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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)(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.
Claim(s) 13-16 and 22-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Johnson (U.S. Pat. No. 4,872,303).
Regarding claim 13: Johnson discloses a packing station for fruit and vegetable products, comprising:
- at least one line, configured to convey in series deformable enclosures which are kept resting on said line (Abstract; “The filled bags may be conveyed at a random to a top-forming location in the apparatus” and/or Summary Of the Invention; “steps of (1) conveying a filled bag to a top-forming location”; or Fig. 7; via bottom belts 80), which house a plurality of fruit and vegetable products and are open in an upper region at an end flap (Figs. 3-4; via the shown filled bag 10 and/or Description of the Related Art; “In packaging a wide variety of materials such as pet foods and other feed-stuffs, coffee, yeast, cement, charcoal, fertilizers and other”; further intended use limitations of the actual bag not given much patentable weight), which protrudes above the fruit and vegetable products,
- at least one preparation assembly for the end flap, which is configured to move cyclically along at least one active portion of said at least one line and is adapted to keep the end flap of the enclosure in a useful configuration, see for example (Figs. 3-4; via the shown top flap portions of bag 10 and assembly 37/41 and/or 47/51), in which, while the enclosure is being conveyed while resting on said line, the end flap is flattened to form two mutually opposite wings (Fig. 4b; via the shown flattened top flaps), and
- at least one device for mutual heat-sealing of the wings (via “which form heat-sealed top closures on plastic bags” and/or “a filed bag 10 which is most easily accepted by conventional top sealing machines”), which operates at a predefined section of said active portion.
Regarding claim 14: wherein said device comprises at least one pair of heat-sealing bars (Abstract; “the tops of material-filled bags into substantially fin-like shapes suitable for sealing in conventional top-sealing machines”), which are mutually parallel and are arranged so as to face said predefined section of the active portion, on opposite sides with respect to said line, said heat-sealing bars being configured to translate alternately, along a first common mutual approach and distancing trajectory, at least between a first limit condition, wherein said heat-sealing bars are mutually spaced apart, and a second limit condition, wherein said heat-sealing bars are substantially in mutual contact, for clamping and heat-sealing of the two mutually opposite wings of the enclosure arranged in said predefined section in said useful configuration, see for example (Fig. 4 & 8; via top forming machine 20).
Regarding claim 15: further comprising removal means configured to remove air contained in the end flap of the enclosure (Fig. 4; via 46/50).
Regarding claim 16: wherein the removal means comprise at least one pair of first plates, which are mutually parallel and arranged so as to face said predefined section of the active portion, said first plates being configured to translate alternately, along a second common mutual approach and distancing trajectory, at least between a first limit position, wherein said first plates are mutually spaced apart, and a second limit position, wherein said first plates are substantially in mutual contact, for a compression of the two mutually opposite wings of the enclosure arranged in said predefined section in said useful configuration, see for example (Figs. 4-5; via 46/50 and/or 39/43).
Regarding claim 22 (the best understood): wherein said preparation assembly comprises at least one support and movement framework for support and movement, along at least one vertical axis and one longitudinal axis, of a supporting apparatus for a pair of rods arranged vertically and mutually side by side, said rods being supported by said supporting apparatus with the possibility of relative translation of the enclosures along an advancement trajectory, imposed by said line, between an arrangement of minimum mutual distance, in which they can be inserted in an open enclosure arranged at a first end, upstream, of said active portion, and an arrangement of maximum mutual distance, in which they keep the end flap in the useful configuration, see for example (Figs. 4-6; via the shown moving mechanisms to form and close the top of the bag)
Further, the claimed language repeatedly using intended use terms, which render the followed claimed limitations to be broad and not positively claimed. Therefore, the claimed limitations followed by those intended use terms are not fully given patentable weight).
Regarding claim 23: further comprising at least two said preparation assemblies, which are configured to move alternately along at least said active portion of said line and are adapted to keep the end flaps of respective enclosures in the corresponding useful configurations, a first said assembly comprising a first said framework for the support and movement of a respective said apparatus along said vertical axis and said longitudinal axis only, a second said assembly comprising a second said framework for the support and movement of a respective said apparatus along said vertical axis, said longitudinal axis and a transverse axis, which is perpendicular to said vertical axis and to said longitudinal axis, see for example (Figs. 4-5; via the shown two alternately movement mechanisms 39/43 and 46/50).
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 (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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Johnson (U.S. Pat. No. 4,872,303).
Regarding claim 17: Johnson not specifically suggests a use of pair of brushes, coupled to a lower edge of respective said heat-sealing bars or of corresponding said first plates, for skimming the fruit and vegetable products during a mutual approach of said heat-sealing bars or of said first plates. However, Johnson discloses similar mechanism for the same purpose as shown in Fig. 4; via pair of extended and/or retracted rounded elements at the end of 48/52).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have substituted Johnson’s rounded elements at the ends of 48/52 by brushes, as a matter of design choice to be made, in order to avoid any damages to the bag’s flaps and/or packed articles via by being more flexible and softer in contact with them.
Regarding claim 18: further comprising:
- first linear actuators (Fig. 4; via cylinders 47/51), configured to actuate said alternating translation of respective said heat-sealing bars and of corresponding said first plates, along their said common mutual approach and distancing trajectories, in a mutually integral manner, and
- second linear actuators (via 47 and/or 51), supported by respective said first linear actuators with the possibility to mutually translate, and configured to actuate said alternating translation of respective said heat-sealing bars along said first common trajectory, independently of corresponding said first plates.
Regarding claim 19: wherein said heat- sealing bars and said first plates are supported by a supporting structure, see for example (Figs. 3-5; via the shown supporting mechanism of bars 49/53 and/or 39/43) with the possibility to adjust the respective vertical working heights, along which they are provided with said possibility of alternating translation along the respective said common trajectories.
Regarding claim 20: Johnson may not suggest the use of at least one measurement system of at least one dimension of each enclosure and an electronic unit for control and management, functionally associated at least with said measurement system and provided with instructions at least for a consequent adjustment of said vertical working heights of said heat-sealing bars and of said first plates on a basis of a direct or indirect determination of a height of the enclosures. However, Johnson discloses the use of photoeye 74 (Fig. 6) for detecting the presence of a bag, while the Office takes an official notice that a use of sensors or detection systems to check on bag dimensions instead of just general presence and/or what is enclosed is very old and well known in the art.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Johnson’s apparatus with a use of measurement system to detect dimensions and/or the enclosure of the bags, since it has been held that such use of detecting mechanism is old and know in the art, in order to gain more accurate information of the formed-filled bags and avoid any damages or machine jamming.
Regarding claim 21 (the best understood): wherein said line is fed with enclosures placed in respective substantially boxed rigid containers, wherein said measurement system comprises at least first elements for measuring the stroke of a pair of first pressers, which can move with a straight alternating motion along the advancement trajectory of the enclosures imposed by said line until they stop upon contact with said enclosures, for a measurement of a first, longitudinal dimension of each container and of the respective enclosure, and at least second elements for measuring a stroke of a pair of second pressers which are configured to move with a straight alternating motion along a straight line transverse to the advancement direction of the enclosures imposed by said line until they stop upon contact with said enclosures, for the measurement of a second, transverse dimension of each container and of the respective enclosure, said unit being provided with instructions for determining the height of each enclosure on a basis of the information relating to said first dimension and said second dimension and a database containing standard dimensions of the enclosures, see for example (Figs. 4-6; via the shown detecting and moving mechanisms to form and close the top of the bag)
Further, the claimed language repeatedly using intended use terms, which render the followed claimed limitations to be broad and not positively claimed. Therefore, the claimed limitations followed by those intended use terms are not fully given patentable weight).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, most of the cited references in the attached PTO-892 are related to similar art of packing station for fruit and vegetable products as suggested by the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle 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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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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