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 06/20/2025 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). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed features:
means for adjusting the pressure
heating means
means for depositing an adhesive
means for cutting
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.
Specification
The disclosure is objected to because of the following informalities:
On several instances the Specification mentions a “folding device 1” that the Examine considers should be –folding device 2--. The numeral 1 is used to identify the “strip 1”.
Appropriate correction is required.
Claim Objections
Claim 4 is objected to because of the following informalities:
The Claim reads “The folding device as claimed in 2”, that the Examiner is considering a typo and should read -- The folding device as claimed in claim 2--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitations are: folding means in claims 1 and 2.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 13 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 and 9:
Both Claims include the limitation: “an unwinding surface on which the lower face of said strip unwinds”. This is unclear because it contradicts the Specification and Drawings, that show the strip 1 being wound on the reel 1000 and being unwound before reaching tensioning roller 40, so the strip 1 is already unwound before reaching unwinding surface 5. For prosecution it will be read as -- an unwinding surface on which the lower face of said strip extends--.
Regarding Claim 9:
The Claim in the preamble reads “A machine for affixing a packaging strip to a batch of containers”. That is unclear since at no moment on the claim it is indicated that the machine performs that function. The Examiner will read the claim as the machine is actually for folding a strip.
The Claim also reads: ”for unwinding a reel of said material of said strip”. This is indefinite because no material and no strip have been defined in the claim. For prosecution it will be read as -- for unwinding a reel of strip--.
Regarding Claims 5 to 7, 10, 12 and 13
Claim limitations:
means for adjusting the pressure
heating means
means for depositing an adhesive
means for cutting
module for depositing said strip in contact with said batch
keeping said strip under tension
said fold line is heated during said pressing
have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the Specification does not disclose a particular structure to perform the claimed functions, the use of those “means for” is mentioned in the specification several times and the need for them to perform the function is clear, but no hint of a structure is given. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Note:
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 perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
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 to 6 and 9 to 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hatcher (US 2010/0292064) in view of Dehn (GB 632709).
Regarding Claim 1:
Hatcher disclose a folding device for folding a strip, the strip comprising a lower face and an upper face (Figure 1, tape maker device 10, Figure 9, strip material 50 with lower face facing towards part 48 and upper face toward core 46), said device comprising:
an inlet and an outlet, and a path along which said strip unwinds, extending from the inlet to said outlet in a longitudinal direction of unwinding from upstream to downstream, and along said path (Figure 16, the inlet will be considered spindle 20, and the outlet where complete tape 100 leaves device 10; the path is shown on Figure 16 as the material 50 of spindle 20 is turned into tape 100 after leaving heated pressing assembly 60);
a folding means for folding at least one longitudinal edge of said strip (Figures 6 to 9, tape maker tip 24 will be considered the folding means);
at least one deflection roller upstream of said folding means (Figure 2, guide arm 32 will be considered the deflection roller);
wherein said folding means comprises: an unwinding surface on which the lower face of said strip unwinds; and at least on one side of said unwinding surface, at least one shoe for folding the corresponding longitudinal edge of said strip unwound on said surface and an additional shoe on the opposite side of said unwinding surface (Figure 9, inner surface of outer shell 44 will be considered the unwinding surface on which the lower face of said strip unwinds and both sides of shell 44 will be considered the shoes),
wherein said shoe comprises a profiled element partially overlapping said surface and inclined convergently in said longitudinal direction of unwinding, in such a way as to fold a corresponding longitudinal edge of said strip overlapping the upper face, forming a fold line (Paragraph 0037, Figures 6 to 9, Both outer shell 44 and inner core 46, FIG. 7, are tapered from their respective back to front ends, the fold lines of fabric 50 can be seen on both sides of fabric 50 on Figure 9), and
wherein said folding device comprises at least one press roller downstream of said folding means and along said path, the press roller mounted in alignment with said at least one shoe and freely rotatable, bearing against said unwinding surface at a top (Figure 11, upper roller 11 will be considered the press roller).
Hatcher does not disclose the strip being made of a material based on plant fibers or being used for packaging a batch of containers.
Dehn teaches using a similar device for folding a strip made of paper, that is a plant-based material, on a similar way and use it to tie or as handles for containers (Figures 11 and 12 show the strips used to tie a container 40 or as a handle for container 34).
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 Hatcher the teachings of Dehn and use the device of Hatcher to make paper strips and use them for packaging containers, since using folded strips for tying bundles or as handles for bags is a common practice in the art.
Regarding Claim 3:
Hatcher discloses at least said shoe is removable (Paragraph 0048, Figure 6 shows the whole tape folding tip 24 being removably and attached to the device by clamp 48.
Regarding Claim 4:
As discussed for Claim 2 above, the modified invention of Hatcher discloses the invention as claimed.
The modified invention of Hatcher does not disclose said shoe and said additional shoe are configured to be adjustable in terms of moving toward and away from one another.
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 make the shoes adjustable in terms of moving toward and away from one another, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Regarding Claim 5:
As discussed for Claim 1 above, the modified invention of Hatcher discloses the invention as claimed.
The modified invention of Hatcher does not disclose means for adjusting the pressure applied against said unwinding surface.
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 include means for adjusting the pressure applied against said unwinding surface, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Regarding Claim 6:
Hatcher discloses that the press rollers comprise heating means (Paragraph 0072, Since no other limitation is provided it will be considered that heating block 76 located beneath plate 74 will also provide heat for the press rollers at least indirectly).
Regarding Claim 9.
Hatcher discloses a machine for folding a strip (Figure 1, tape maker device 10), comprising:
an unwinder for unwinding a reel (Paragraphs 0034 and 0044, Figures 1 and 13, spindle 20 of strip material 50 will be considered the reel and forks 22 supporting spindle 20, and motor and gearbox unit 92 will be considered the unwinder); and
a folding device between the unwinder and the depositing module, the folding device comprising: an inlet and an outlet, and a path along which said strip unwinds, extending from the inlet to said outlet in a longitudinal direction of unwinding from upstream to downstream, and along said path; means for folding at least one longitudinal edge of said strip (Figures 6 to 9, tape maker tip 24 will be considered the folding device with rear end 43 that will be considered the tape inlet and front end 45 that will be considered the outlet, between them where the tape is being folded longitudinally, the path is shown on Figure 16 as the material 50 of spindle 20 is turned into tape 100 after leaving heated pressing assembly 60);
at least one deflection roller upstream of said folding means (Figure 2, guide arm 32 will be considered the deflection roller), wherein said folding means comprises:
an unwinding surface on which the lower face of said strip unwinds; and at least on one side of said unwinding surface, at least one shoe for folding the corresponding longitudinal edge of said strip unwound on said surface (Figure 9, folding tip 24 comprises a bottom surface on which the lower face of material 50 extends, the unwinding surface extends into heated pressing assembly 60, and on both sides the halves of outer shell 44 that the top of them will be considered shoes),
wherein said shoe comprises a profiled element partially overlapping said surface and inclined convergently in said longitudinal direction of unwinding, in such a way as to fold said corresponding longitudinal edge of said strip overlapping the upper face, forming a fold line (Paragraph 0037, Figures 6 to 9, Both outer shell 44 and inner core 46, FIG. 7, are tapered from their respective back to front ends, the fold lines of fabric 50 can be seen on both sides of fabric 50 on Figure 9), and
wherein said folding device comprises at least one press roller downstream of said folding means and along said path, the press roller mounted in alignment with said at least one shoe and freely rotatable, bearing against said unwinding surface at the top (Figure 11, upper roller 66 will be considered the press roller).
Hatcher does not disclose means for cutting said strip to a given length, a module for depositing said strip in contact with a batch of containers, wherein the module is downstream of said unwinder or affixing a packaging strip to a batch of containers.
Dehn teaches folding a strip, once it is folded cutting it, the means to cut it will be considered cutting means; once cut place them in contact with a batch of containers, the way the strips are taken by the containers will be considered the claimed module, and affixing them to a batch of containers (Figures 11 and 12 show the strips used to tie a container 40 or as a handle for container 34) all the operations are done after the strip is folded, so they can be considered as downstream of the unwinder.
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 Hatcher the teachings of Dehn and use the device of Hatcher to make strips to be cut to a desired size with a cutting means, deposited by a module in contact with batch of containers and affixed to containers since using folded strips for tying bundles or as handles for bags is a common practice in the art.
Regarding Claims 10 to 13:
Hatcher discloses a method for folding a strip comprising a lower face and an upper face, the method comprising at least the following steps:
unwinding said strip from a reel of said material, along a path in a longitudinal direction from upstream to downstream (Paragraphs 0034 and 0044, Figures 1 and 13, spindle 20 of strip material 50 will be considered the reel and forks 22 supporting spindle 20, and motor and gearbox unit 92 will be considered the unwinder) the path is shown on Figure 16 as the material 50 of spindle 20 is turned into tape 100 after leaving heated pressing assembly 60);
keeping said strip under tension as the strip is unwound along said path (Figure 2, guide 30 and roller 68 keep the strip tensioned); and
folding at least one longitudinal edge of said strip overlapping said upper face, forming a fold-line, by passing along at least one shoe overlapping said path with an inclined profile converging in said longitudinal direction and oriented toward the inside of said path, wherein an opposite longitudinal edge of said strip is folded, overlapping said upper face, forming an opposite fold line, by passing along at least one additional shoe with an inclined profile converging in said longitudinal direction and oriented toward the inside of said path (Figure 9 shown both longitudinal edges of strip material 50 folded forming opposite fold lines by the opposite sides of outer shell 44, that will be considered shoes);
downstream, applying pressure by bearing against said fold line and said opposite fold line; wherein at least said fold line is heated during said pressing (Figures 11 to 13, Paragraph 0041, 0042, Upper housing 62 includes an upper spring-loaded plate 70 as shown in FIGS. 11 and 12. Plate 70 is biased downwardly by springs 72 to supply the appropriate pressure to the folded bias tape as is passes thereunder. Plate 70 can be made of a ceramic for heat dispersion, a heating block 76 is located beneath plate 74).
Hatcher does not disclose the strip being made of a material based on plant fibers or being used for packaging a batch of containers.
Dehn teaches using a similar device for folding a strip made of paper, that is a plant-based material, on a similar way and use it to tie or as handles for containers (Figures 11 and 12 show the strips used to tie a container 40 or as a handle for container 34).
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 Hatcher the teachings of Dehn and use the device of Hatcher to make paper strips and use them for packaging containers, since using folded strips for tying bundles or as handles for bags is a common practice in the art.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hatcher (US 2010/0292064) in view of Dehn (GB 632709) as applied to claim 1 above, and further in view of Thompson (US 2490930).
Regarding Claim 7:
As discussed for Claim 1 above, the modified invention of Hatcher discloses the invention as claimed.
The modified invention of Hatcher does not disclose the device comprising at the inlet, upstream of said folding means, positioned higher than said path, means for depositing an adhesive in contact at least with the upper face of said strip.
Thompson teaches a similar folding device for sheet material including a means for depositing an adhesive in contact at least with the upper face of said strip to attach to each other the overlapped edges of the strip (Figure 1, Column 2, lines 15 to 24, An adhesive material in liquid or pulverized 16 solid form may be supplied to the upper mouth of the tube 11, or the adhesive material may be in the form of a potentially adhesive but non-tacky strand of thermoplastic material. As shown, such a continuous strand 21 carried on a supply spool 22 rotatably mounted on a cross shaft 23 carried by the framework is introduced into the tube 11 and is drawn continuously from the discharge opening 20 by the traveling motion of the tube).
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 Hatcher the teachings of Thompson and provide means for depositing an adhesive in contact at least with the upper face of said strip to attach to each other the overlapped edges of the strip since that is a well-known practice in the art.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hatcher (US 2010/0292064) in view of Dehn (GB 632709) as applied to claim 1 above, and further in view of Yamamoto (US 8696343).
Regarding Claim 8:
As discussed for Claim 1 above, the modified invention of Hatcher discloses the invention as claimed.
The modified invention of Hatcher does not disclose one deflection roller positioned at a longitudinal distance from the upstream face of said folding means, and wherein the device comprises a plate mounted on the upper face at least of said shoe, said plate extending as far as the at least one deflection roller.
Yamamoto teaches a similar folding means comprising a deflection roller (Figure 1, sailor roll 120) positioned at a longitudinal distance from the upstream face of said folding means to convey the material to be folded into the folding means and plates serving as additional guides (Figure 1, guides 141, 142 mounted on both sides of the top of sailor plate 140, that is considered the shoes of the folding means) mounted on the upper face at the shoe, said plate extending as far as the at least one deflection roller.
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 Hatcher the teachings of Yamamoto and include a deflection roller to help convey the material to be folded into the folding means and plates serving as additional guides for the material to be folded into the folding means mounted on the upper face at the shoe and extending as far as the at least one deflection roller.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Besides the references mentioned in the IDS and the International Search Report, in particular Dunbar (US 1677231) and Skipworth (US 4089514), also Yamamoto (US 8696343), Thompson (US 2490930) or Shapiro (US 1305748), that also teaches relevant means of adjusting the distance between the shoes, could have been used alone or in combination for a proper rejection of the independent claims.
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
