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 Objections
Claim 1 is objected to because of the following informalities: line 5; “wherein the conveyance system configured” should have the word “is” between the words system and configured. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: line 2; “the one or more infeed sensors are configured to generate signals indicative of the detected heights of the objects as the objects” either has unnecessary language – “as the objects”, or is missing language after the phrase “as the objects”. Appropriate correction is required. In the interest of compact prosecution, the Examiner will interpret this limitation in accordance with [0008] of the specification, which contains language having essentially the same features – “ the infeed scanner is further configured to generate a height indication for each of the objects as the objects are fed through the infeed portion of the conveyance system”.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ballestrazzi, US 7263815.
Regarding claim 1, Ballestrazzi discloses: A packaging system (Fig. 1, continuous packaging apparatus 10) comprising:
a conveyance system (Fig. 1, conveyor 11 and 21) configured to convey objects (Fig. 1, products 13, 13', 13'') through the packaging system, wherein the objects include a preceding object and a following object;
a package forming system (see Examiner Illustration 1, the entirety of which represents a package forming system) configured to feed a packaging material to form an interior space bounded by the packaging material, wherein the conveyance system configured to convey the objects into the interior space bounded by the packaging material;
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Examiner Illustration 1
one or more infeed sensors (Fig. 1, sensors 32 and 33) configured to detect heights (sensor 32) and longitudinal lengths (sensor 33) of the objects as the objects are conveyed by the conveyance system;
a computing device (Fig. 1, computer 34) configured to:
receive signals from the one or more infeed sensors indicative of the height and the longitudinal length of each of the preceding object and the following object (Col. 2, line 33, “The advancing of such products or groups of products 13, 13', 13'', etc. is signaled by the computer 34 to the various motors so that it is possible to actuate the process of the invention. In particular, according to the maximum length and height of each group of products, a variation of the pitch p, p', p'', etc. between the various groups of products takes place. Such a variation is carried out by continuously varying the speed of the conveyor belt 21 according to the maximum length and height of each group of products that arrives from the conveyor 11 with thrusters 12 and operatively adapting the speed of the sealing devices 23 to the sizes in height and length of the products or groups of products 13, 13', 13'', etc. that have arrived on the conveyor belt 21. Therefore, the computer 34 foresees continuous control and command of the speed of the motor 29 that actuates the transmission of the entire belt of the conveyor 21. Moreover, it foresees continuous control and command of the speed of the motor 31 that actuates the composite transmission 30 that in turn selectively activates the longitudinal and transversal sealing devices 23.”),
determine a spacing between the preceding object and the following object based at least in part on the height and the longitudinal length of each of the preceding object and the following object (Col. 2, line 33), and
cause the conveyance system to insert the preceding object and the following object into the interior space bounded by the packaging material such that the preceding object and the following object are spaced apart based on the determined spacing (Col. 2, line 33; and
a sealing mechanism (Fig. 1, longitudinal and transversal sealing devices 23) configured to seal the packaging material around each of the preceding object and the following object, including being configured to form a transverse seal in the packaging material between the preceding object and the following object (Col. 2, line 33).
Regarding claim 2, Ballestrazzi further discloses: the transverse seal in the packaging material includes a trailing edge seal and a leading edge seal (see Fig. 1).
Regarding claim 3, Ballestrazzi further discloses: the sealing mechanism is configured to cut the packaging material between the trailing edge seal and the leading edge seal (see Fig. 1).
Regarding claim 4, Ballestrazzi further discloses: the cut of the packaging material between the trailing edge seal and the leading edge seal severs a package around the preceding object from the packaging material in which the following object is located (see Fig. 1).
Regarding claim 5, Ballestrazzi further discloses: the conveyance system comprises: an infeed conveyor(Fig. 1, conveyor 11) configured to receive the objects, wherein the objects are non-uniformly spaced when they are received by the infeed conveyor (see Fig. 1).
Regarding claim 6, Ballestrazzi further discloses: the conveyance system further comprises: an infeed spacing conveyor (Fig. 1, conveyor 21) configured to receive the objects from the infeed conveyor and to convey the objects by the one or more infeed sensors (see Fig. 1).
Regarding claim 7, Ballestrazzi further discloses: the conveyance system comprises: an object conveyor configured to support the packaging material and the objects located in the interior space bounded by the packaging material (see Examiner Illustration 1).
Regarding claim 8, Ballestrazzi further discloses: the conveyance system comprises: a discharge conveyor configured to convey the package around the preceding object after the package has been severed from the packaging material (see Examiner Illustration 1).
Regarding claim 9, Ballestrazzi further discloses: the one or more infeed sensors (Fig. 1, sensors 32 and 33) are configured to generate signals indicative of the detected heights of the objects as the objects (see claim objection above)(Col. 2, lines 33-64, “The advancing of such products or groups of products 13, 13', 13'', etc. is signaled by the computer 34 to the various motors so that it is possible to actuate the process of the invention. In particular, according to the maximum length and height of each group of products, a variation of the pitch p, p', p'', etc. between the various groups of products takes place. Such a variation is carried out by continuously varying the speed of the conveyor belt 21 according to the maximum length and height of each group of products that arrives from the conveyor 11 with thrusters 12 and operatively adapting the speed of the sealing devices 23 to the sizes in height and length of the products or groups of products 13, 13', 13'', etc. that have arrived on the conveyor belt 21. Therefore, the computer 34 foresees continuous control and command of the speed of the motor 29 that actuates the transmission of the entire belt of the conveyor 21. Moreover, it foresees continuous control and command of the speed of the motor 31 that actuates the composite transmission 30 that in turn selectively activates the longitudinal and transversal sealing devices 23. Alternatively or else in parallel, the sensor 32 that is able to detect the maximum length and height of each group of products coming out from the conveyor 11 with thrusters 12 can take care of activating the computer 34 or else of confirming the command thereof quoted previously. It is also possible to foresee a further sensor 33 for detecting length that collaborates with the possible control of the real length of each group of products, activating the confirmation of the variation of the pitch between the successive groups of products in collaboration with the central computer 34.”) , wherein the signals indicative of the detected heights include at least one of:
an indication whether any portion of one of the objects exceeds a predetermined height (Col. 2, lines 33-64),
an indication of a height of a leading edge of one of the objects (Col. 2, lines 33-64),
an indication of a height of a trailing edge of one of the objects (Col. 2, lines 33-64),
an indication of a height profile of one of the objects (Col. 2, lines 33-64).
Regarding claim 10, Ballestrazzi further discloses: a longitudinal sealer (Fig. 1, longitudinal and transversal sealing devices 23) configured to form a longitudinal seal in the packaging material, wherein the longitudinal seal closes a longitudinal edge of the package around the preceding object.
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ballestrazzi in view of Schneider, US 9266636
Regarding claim 11, Ballestrazzi discloses the device of claim 1.
Ballestrazzi does not explicitly disclose: the packaging material is multilayered and include an outer layer adapted to be heat sealed to seal the packaging material to itself.
Schneider teaches: the packaging material is multilayered and include an outer layer adapted to be heat sealed to seal the packaging material to itself (Col. 2, line 14, “A “material layer” is particularly to be understood in this context as a layer of the material web, wherein a material layer can have a plurality of layers, such as a carrier layer and a sealing layer.”).
Therefore, it would have been obvious to one having ordinary skill in the art at the time before filing to utilize the multilayered packaging material as taught by Schneider in combination with the Ballestrazzi device, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that it separates the packaged material from the packing material, thereby preventing damage to both the packaging material and the packed object.
Claims 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ballestrazzi in view of Haltrup, US 20150102100.
Regarding claim 12, Ballestrazzi discloses the device of claim 1.
Ballestrazzi does not explicitly disclose: a downstream package handling system configured to receive packages severed from the packaging material and to selectively route each of the packages to one of a plurality of package destinations
Haltrup teaches: a downstream package handling system configured to receive packages severed from the packaging material and to selectively route each of the packages to one of a plurality of package destinations (See Fig. 5, further described in [0113] “Next is the area where delivery route and/or store sequenced layering and palletization is implemented. A conveyor transports each unique, individual package to an existing pallet stacking system 512 (e.g., a versioning and package flow separator which diverts products to particular stations). Optionally, in Route Sequencing (custom content location #3), collation stations #1, #2 (e.g., a routing bin or turntable) 514, 516 will create delivery route store-sequenced pallets 520 wherein each layer is slated for delivery to a particular retailer. In general, route sequencing includes route and store sequenced cartoning and palletization with targeted custom content. An identification system identifies each unique package so the routing bin/turntable 514 knows where to place each unique package within the stack of the pallet. In one embodiment, the identification system includes a variable image carton label printer 518, with embedded pallet position and/or delivery route detail, which prints or embeds a pallet position label 519 on each unique package in accordance with a delivery route detail. Communication between the various components may be via a wired or wireless high-speed Ethernet network or a Profibus.TM. communication backbone network.”).
Therefore, it would have been obvious to one having ordinary skill in the art at the time before filing to utilize the package handling system as taught by Haltrup in combination with the Ballestrazzi device, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that it allows for the proper routing and downstream sending of packages. The Examiner further notes that it is likely that the packaging system of Ballestrazzi is utilized with a routing system as taught by Haltrup, however the patented features of the Ballestrazzi device do not concern this portion of the system and so remain silent regarding this feature.
Regarding claim 13, the modified Ballestrazzi further discloses: the plurality of package destinations comprises: a first bin designated to hold packages to be shipped by a first shipping company; and a second bin designated to hold packages to be shipped by a second shipping company (see Fig. 5).
Regarding claim 14, the modified Ballestrazzi further discloses: the plurality of package destinations further comprises: a third bin designated to hold packages that are deemed to be flawed ([0113] describes routing of packages based upon identification – this would include those packages designated as flawed).
Regarding claim 15, the modified Ballestrazzi further discloses: the downstream package handling system includes one or more routing elements configured to selectively route the each of the packages to one of the plurality of package destinations ([0113]).
Regarding claim 16, the modified Ballestrazzi further discloses: the one or more routing elements includes at least one of: a set of directional rollers, a conveyor belt, a door, or a robotic arm (see Fig. 5).
Regarding claim 17, the modified Ballestrazzi further discloses: the downstream package handling system is configured to receive signals from the computing device indicative of the one of the plurality of package destinations to which each of the packages is to be routed ([0113]).
Regarding claim 18, Ballestrazzi discloses the device of claim 1.
Ballestrazzi does not explicitly disclose: a labeling mechanism configured to print or place labels on the packages.
Haltrup teaches: a labeling mechanism configured to print or place labels on the packages ([0112] “Product from a core manufacturing process 502 (e.g., corn chips supplied by a batching process) are supplied to a packaging machine such as a form, fill, seal and label machine 504 which creates individual packages P from a packaging roll 506 of a web of sequential packages. In phase 1, a printer 508 prints an individual, unique promotional code or other promotional feature on each, sequential individual package of the continuous web of sequential packages which is formed by the form, fill and seal machine into individual products. The code or feature may be covered by a scratch-off layer. At Custom Content Location #2, a high resolution variable imaging printer 510 prints onto a peel off label applied at 511 with unique, variable printed information which is applied to each unique, individual package.”).
Therefore, it would have been obvious to one having ordinary skill in the art at the time before filing to utilize the labeling and package handling system as taught by Haltrup in combination with the Ballestrazzi device, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that it allows for the proper routing and downstream sending of packages.
Regarding claim 19, the modified Ballestrazzi further discloses: the labels include at least one of human-readable information or machine-readable information ([0112]).
Regarding claim 20, the modified Ballestrazzi further discloses: the labels include shipping information for the packages ([0112]).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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