DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 10/24/2025. An action on the merits follows.
Claims 1-5 are pending in the application.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
transport unit configured to transport a cardboard box in claims 1-5
a first mechanism configured to drive the first abutting portion and the second abutting portion and make the pair of the flaps stand upright from below respectively in conjunction with an operation of the first abutting portion and the second abutting portion in claims 1-5
a second mechanism configured to fold the pair of the flaps standing upright toward an inside of the opening by moving the first abutting portion and the second abutting portion along the transport direction in claims 1 -5.
a lifting mechanism configured to raise and lower the cardboard box in a vertical direction of claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The corresponding structure is as follows:
transport unit = a conveyor 371, a lifting mechanism 372, and a position adjustment mechanism 373 (¶0042)
a first mechanism 383 = first drive mechanism 387 having a first drive unit 389 and second drive unit 390 (¶0052 of PGPub) and second drive mechanism 388 having a second drive unit 391 and second drive unit 392 (¶0054)
first drive unit 389 of first drive mechanism 387 = air cylinder (¶0053)
second drive unit 390 of first drive mechanism 387 = air cylinder (¶0053)
first drive unit 391 of second drive mechanism 388 = air cylinder (¶0055)
second drive unit 392 of second drive mechanism 388 = air cylinder (¶0055)
a second mechanism 384 = first drive mechanism 393 and second drive mechanism 394
first drive mechanism 393 = ball screw and motor (¶0056)
second drive mechanism 394 = ball screw and motor (¶0056)
a lifting mechanism = a ball screw and a motor (¶0044)
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over USP# 5,839,254 of Chen (henceforth Chen) in view of USPGP# 20240092048 of Yamamuro et al. (henceforth Yamamuro).
Regarding claim 1, Chen teaches
A folding apparatus (device in fig. 1 except for 14, 15) comprising:
a transport unit (12) configured to transport a cardboard box (10) in a transport direction (bottom to top in fig. 1) that is substantially horizontal (see fig. 1); and
a folding unit (2, 4, 5, 6) disposed above the transport unit, the folding unit being configured to fold, among a plurality of flaps (103, 104, 105) provided at an edge of an opening of the cardboard box (see fig. 3), a pair of the flaps (103, 104) into an inside of the opening of the cardboard box, the pair of the flaps extending in a direction intersecting the transport direction in a horizontal direction (see fig. 3),
wherein the transport unit stops transport of the cardboard box when the cardboard box is positioned below the folding unit (during clamping and lifting as described in c. 4, l. 32-36), and
the folding unit includes
a first abutting portion (41) configured to abut against one of the pair of the flaps, and
a second abutting portion (64) configured to abut against an other of the pair of the flaps,
a first mechanism (42, 65) configured to drive the first abutting portion and the second abutting portion and make the pair of the flaps stand upright from below respectively in conjunction with an operation (folding operation) of the first abutting portion and the second abutting portion, and
a second mechanism (130, 63) configured to fold the pair of the flaps standing upright toward an inside of the opening by moving the first abutting portion and the second abutting portion along the transport direction.
Please note that second mechanism is interpreted under 112f or 6th para and includes the corresponding structure of ball screw and motor (see Claim Interpretation section above). Chen uses an air cylinder (63) to drive the first abutting portion and second abutting portion through the second motion. The air cylinder can be considered equivalent structure to ball screw and motor because it performs equally well the function of folding the pair of the flaps. However, should the applicant contend that Chen is silent on the second mechanism comprising a ball screw and motor.
Yamamuro teaches
a folding apparatus (fig. 1a) comprising a movement mechanism comprising a ball screw (81a) and motor (81) for moving an abutting portion (57).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the air cylinder of Chen with a ball screw and motor as taught by Yamamuro in order to provide the predictable result of precise control over the movement of the abutting portion (Yamamuro: ¶0096, see also para 0094-0095).
Regarding claim 2, as shown in claim 1, the combination of Chen and Yamamuro teaches
wherein the transport unit includes a lifting mechanism (Chen: 3) configured to raise and lower the cardboard box in a vertical direction (Chen: c. 4, l. 32-36), and the lifting mechanism brings the cardboard box closer to the folding unit by raising the cardboard box (Chen: c. 4, l. 32-36, figs. 1 and 6 ).
Chen uses an air cylinder (34) of the lifting mechanism to raise and lower the cardboard box (Chen: c. 3, l. 6-27). The air cylinder can be considered equivalent structure to ball screw and motor because it performs equally well the function of raising and lowering the cardboard box in a vertical direction. However, should the applicant contend that Chen is silent on the lifting mechanism comprising a ball screw and motor.
Yamamuro teaches
a folding apparatus (fig. 1a) comprising a movement mechanism comprising a ball screw (81a) and motor (81) for moving an abutting portion (57).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the air cylinder of Chen with a ball screw and motor as taught by Yamamuro in order to provide the predictable result of precise control over the movement of the abutting portion (Yamamuro: ¶0096, see also para 0094-0095).
Regarding claim 3, as shown in claim 1, the combination of Chen and Yamamuro teaches
wherein the first abutting portion is disposed downstream of the second abutting portion in the transport direction of the transport unit (Chen: see fig. 1 and 7, 41 is downstream of 64), and the folding unit positions the first abutting portion above the second abutting portion when the transport unit transports the cardboard box after the pair of the flaps are folded (Chen: see fig, 11, 41 is above 64).
Regarding claim 4, as shown in claim 1, the combination of Chen and Yamamuro teaches
wherein in each of the first abutting portion and the second abutting portion, a convex portion (Chen: see annotated fig. 7) protruding downward is provided on a tip end side (Chen: see annotated fig. 7) of an abutting section (Chen: see annotated fig. 7) that abuts against a corresponding one of the flaps (Chen: 103 or 104) upon folding the corresponding flap during movement of the first abutting portion and the second abutting portion by the second mechanism (Chen: see annotated fig. 7 and c. 4, l. 7-16).
Regarding claim 5, as shown in claim 1, the combination of Chen and Yamamuro teaches
A box sealing apparatus (device in fig. 1) comprising: the folding apparatus according to claim 1 (see claim 1 above); and a sealing apparatus (14, 15) configured to seal the flaps of the cardboard box in which the pair of the flaps have been folded by the folding apparatus (c. 4, l. 17-24).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 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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/M. A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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