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 Status
This Office action is in response to the filing of 5/14/2025. Claims 1-23 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 2-3, the limitation “moving the first cam follower along the at least one upwardly-extending segment of the first cam track to cause the at least one tucking finger of the end flap tucking apparatus to move toward the carrier” (emphasis added) in claim 2 and the limitation “moving the first cam follower along the at least one downwardly-extending segment of the first cam track to cause the at least one tucking finger of the end flap tucking apparatus to move away from the carrier” (emphasis added) in claim 3 is not enabled. Paras. 0078-0079 of the written description describe the behavior of the tucking finger as the first cam follower 135 rides along a cam. Summarized, when 135 slides upwardly along the cam, the tucking finger moves upward and when 135 slides downwardly along the cam, the tucking finger moves downward. This is consistent with the disclosed structure which shows 135 attached to 133 which is attached to the base of the tucking fingers 125. Since the structure from 135 to 125 is basically rigid, if 135 goes up, then the rest of the end flap tucking apparatus must go up. Similarly, if 135 goes down, then the rest of end flap tucking apparatus must go down. It is not clear how it is possible for the tucking fingers to move toward a carrier when 135 goes up or the tucking fingers to move away from a carrier when 135 goes down. Therefore, the subject matter of claims 2 and 3 was not described in such a way as to enable the invention to be made or used.
Regarding claim 4 and 5, the limitation “moving the second cam follower along the at least one downwardly-extending segment of the second cam track to move at least one tucking finger downwardly relative to the carrier” (emphasis added) in claim 4 and the limitation “moving the second cam follower along the at least one upwardly-extending segment of the second cam track to move the at least one tucking finger upwardly relative to the carrier” in claim 5 is not enabled. Claim 1 identifies the first cam follower as the follower that moves the tucking finger vertically and identifies the second cam follower as the follower that moves the tucking finger horizontally. This corresponds to cam followers 135 and 137 in figure 9 with cam follower 135 corresponding to the first cam follower and cam follower 137 corresponding to the second cam follower. Paras. 0081-0086 of the written description discuss the mechanism that is actuated by movement of 137 along a cam. When 137 rides along a cam, changes in the height of the cam cause 141 to rotate, which causes 147 to rotate, which causes 149 to extend and retract the right 171 along the machine direction. There is no disclosure of this mechanical configuration moving the tucking finger vertically. Furthermore, it is not clear how such a configuration would be capable of moving the tucking finger vertically. Therefore, the subject matter of claims 4 and 5 was not described in such a way as to enable the invention to be made or used.
The following claims are also not enabled based on the same reasoning as above:
Claim 8, “the first cam follower is operably coupled to a gearbox, the gearbox in mechanical communication with a gear intermeshed with at least a portion of at least one adjustment rod supporting the at least one tucking finger such that movement of the first cam follower along the at least one downwardly-extending segment of the first cam track causes the at least one adjustment rod to move away from the carrier”;
Claim 9, “movement of the first cam follower along the at least one upwardly-extending segment of the first cam track causes the at least one adjustment rod to move toward the carrier”;
Claim 10, “a second cam track at least partially receiving the second cam follower such that movement of the second cam follower along the second cam track is for causing vertical movement of at least one tucking finger of the end flap tucking apparatus relative to the carrier”;
Claim 11, “the first cam track comprises at least one upwardly-extending segment such that the first cam follower is for moving along the at least one upwardly-extending segment of the first cam track to cause the at least one tucking finger of the end flap tucking apparatus to move toward the carrier”;
Claim 12, “the first cam track comprises at least one downwardly-extending segment such that the first cam follower is for moving along the at least one downwardly-extending segment of the first cam track to cause the at least one tucking finger of the end flap tucking apparatus to away from the carrier”;
Claim 13, “the second cam track comprises at least one downwardly-extending segment such that the second cam follower is for moving along the at least downwardly-extending segment of the second cam track to move at least one tucking finger downwardly relative to the carrier”;
Claim 14, “the second cam track comprises at least one upwardly-extending segment such that the second cam follower is for moving along the at least one upwardly-extending segment of the second cam track to move at least one tucking finger upwardly relative to the carrier”;
Claim 16, “the first cam follower is operably coupled to a gearbox, the gearbox in mechanical communication with a gear intermeshed with at least a portion of at least one adjustment rod supporting the at least one tucking finger such that the first cam follower is for moving along the at least one downwardly-extending segment of the first cam track to cause the at least one adjustment rod to move away from the carrier, and such that the first cam follower is for moving along the at least one upwardly-extending segment of the first cam track to cause the at least one adjustment rod to move toward the carrier”;
Claim 17, “a second cam track at least partially receiving the second cam follower such that movement of the second cam follower along the second cam track is for causing vertical movement of at least one tucking finger of the end flap tucking apparatus relative to the carrier”;
Claim 18, “the first cam track comprises at least one upwardly-extending segment such that the first cam follower is for moving along the at least one upwardly-extending segment of the first cam track to cause the at least one tucking finger of the end flap tucking apparatus to move toward the carrier”;
Claim 19, “the first cam track comprises at least one downwardly-extending segment such that the first cam follower is for moving along the at least one downwardly-extending segment of the first cam track to cause the at least one tucking finger of the end flap tucking apparatus to away from the carrier”;
Claim 20, “the second cam track comprises at least one downwardly-extending segment such that the second cam follower is for moving along the at least one downwardly-extending segment of the second cam track to move at least one tucking finger downwardly relative to the carrier”;
Claim 21, “the second cam track comprises at least one upwardly-extending segment such that the second cam follower is for moving along the at least one upwardly-extending segment of the second cam track to move at least one tucking finger upwardly relative to the carrier”; and
Claim 23, “the first cam follower is operably coupled to a gearbox, the gearbox in mechanical communication with a gear intermeshed with at least a portion of at least one adjustment rod supporting the at least one tucking finger such that the first cam follower is for moving along the at least one downwardly-extending segment of the first cam track to cause the at least one adjustment rod to move away from the carrier, and such that the first cam follower is for moving along the at least one upwardly-extending segment of the first cam track to cause the at least one adjustment rod to move toward the carrier”.
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 1-23 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 claim 1, the limitation “at least one end flap of the carrier” in line 12 is indefinite because it is not clear if the limitation is claiming a new end flap or the end flap recited in line 1. In order to further prosecution, the limitation has been interpreted to be referring to the end flap recited in line 1.
Regarding claim 10, the two limitations reciting “at least one tucking finger of the end flap tucking apparatus” in the second to last paragraph and the last paragraph are indefinite because it is not clear if the limitations are referring to new tucking fingers or the tucking finger recited in lines 10-11. In order to further prosecution, the limitations have been interpreted to be referring to the tucking finger recited in lines 10-11.
Regarding claim 17, the two limitations reciting “at least one tucking finger of the end flap tucking apparatus” in the second to last paragraph and the last paragraph are indefinite because it is not clear if the limitations are referring to new tucking fingers or the tucking finger recited in line 3. In order to further prosecution, the limitations have been interpreted to be referring to the tucking finger recited in lines 10-11.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the primary reason for allowance is the inclusion of the steps of engaging a first cam follower with a first cam track to cause vertical movement of the tucking fingers, engaging a second cam follower with a second cam track to cause movement of the tucking fingers along the machine direction, and contacting and moving at least one end flap of the carrier with the at least one tucking finger of the end flap tucking mechanism. There is no known reference in the prior art that discloses these steps together and it is not clear which references in the prior art may be combined to teach these limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M WITTENSCHLAEGER whose telephone number is (571)272-7012. The examiner can normally be reached MON-FRI: 9:00-5:00.
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/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731
2/6/2026
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