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 .
This action is in response to the documents and preliminary amendment received on June 16, 2025.
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)(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.
Claims 1-4, 6, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by STEELE et al. (US 2003/0014946) .
In reference to claims 1 and 10, figure 1 of STEELE et al. discloses a system 100 comprising: a continuous first film 140 fed along a first rotating encapsulation die 120 having a first set of die cavities 130; continuous second film 140 fed along a second rotating encapsulation die 120 having a second set of die cavities 130; a wedge 110 positioned between the first rotating encapsulation die and the second rotating encapsulation die; first and second dispensing tubes 152, 157 integrated into the wedge 110 and aligned with at least one cavity in the first set of die cavities and in the second set of die cavities via first and second feeding tubes 150, 155 to inject a first fill composition into the first set of die cavities and a second fill composition into the second set of die cavities.(see Diagram I below); a first mechanical dispensing mechanism (e.g. pump; paragraph [0018]) for dispensing a first amount of a first fill composition via the first dispensing tube 150; and a second mechanical dispensing mechanism (e.g. pump; paragraph [0018]) for dispensing a second amount of a second fill composition via the second dispensing tube 155.
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Diagram I
Regarding claim 2, paragraph [0018] of STEELE et al. further discloses a synchronization mechanism that synchronizes rotation of the first and second rotation encapsulation dies with the first and second mechanical dispensing mechanism as claimed.
With respect to claims 3, 4 and 6, figure 2 of STEELE et al. further discloses the first dispensing tube 152 off-center from the wedge and laterally offset from the second dispensing tube 157; wherein the first feeding tube 150 is integral with the first dispensing tube 152 and aligned with a first off-center cavity of the first set of die cavities (see Diagram I above) to inject the first fill composition therein; and the second feeding tube 155 is integral with the second dispensing tube 157 and aligned with a second off-center cavity of the second set of die cavities (see Diagram I above) to inject the first fill composition therein.
In reference to claim 11, paragraph [0002] of STEELE et al. discloses the first and second fill compositions as a liquid or solid particle.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over STEELE et al. (US 2003/0014946) in view of MARTINEZ, JR (US 6,574,945).
Regarding claim 5, STEELE et al. discloses both the first and second feeding tubes 150, 155 off-center from the wedge 110 in which they are aligned rather than only one of the feeding tubes being off-center with the other of the feeding tubes being centered with the wedge. Figure 3 of MARTINEZ, JR teaches a system comprising: a wedge have a first feeder 210 that is off-center within the wedge and a second feeder 208 that is centered withing the wedge such that a first filling composition 104 is injected into an offset first cavity of a first set of die cavities 207 in a first rotating encapsulation die 204 and a second filling composition 112 is injected into a centered second cavity of a second set of die cavities 209 in a second rotating encapsulation die 206. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the wedge of STEELE et al. such that the second feeding tube is centered within the wedge despite the first feeding tube being offset from the wedge center since column 2 lines 39-62 of STEELE et al. suggests that such a configuration of feeding tubes is beneficial for the encapsulations of a combination of solid and liquid filling compositions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention of a system comprising feeding tubes within a wedge adjacent first and second rotating encapsulation dies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
March 24, 2026