DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Sheet
The information disclosure statement (IDS) submitted on 10/31/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 13, and 14 are objected to because of the following informalities:
Regarding claim 1, the claim recites, “…a temporal course of the rotation of the seaming tool by the rotation sensor” However, it appears that the claim does not end with a ‘.’ Thus, it appears that the claim should instead recite, “…a temporal course of the rotation of the seaming tool by the rotation sensor.”
Regarding claim 13, the claim recites “…claim 1, comprising the seaming tool…” However, there is no ‘:’ between “comprising” and “the seaming tool” which was included in previous claims to indicate a list of elements to be included. Therefore, it appears that the claim should instead recite, “…claim 1, comprising: the seaming tool…”
Regarding claim 14, the claim recites “…further comprising an arrangement s arranged in a working…” However, it appears that the claim should instead recite “…further comprising an arrangement
Appropriate correction is required.
Claim Rejections – 35 USC §112(b)
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.
Claims 16 and 18 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 pre-AIA the applicant regards as the invention.
Regarding claim 16, the claim recites “…the rotation sensor monitoring a change in the rotation frequency of the seaming tool is monitored.” The trailing “is monitored” introduces a grammatical ambiguity. It is unclear if the rotation sensor itself is being monitored, or if the phrase was meant to describe the function of the rotation sensor.
Regarding claim 18, the claim recites, “…and the seaming tool comprises in particular a permanent magnet.” The phrase “in particular” is an example of indefinite language. It makes the inclusion of the permanent magnet optional or exemplary, rather than definitively limiting the claim, which leaves the actual scope of the claim in doubt.
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 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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh (KR 20240039738A).
Regarding claim 1, Oh discloses a method (Described in ¶'s [0079] - [0091]) for monitoring seaming tools (Figure 10B, #340) for a sealer for sealing a container (Figure 10B, #370), the method comprising:
providing a seaming tool (Figures 10A & 10B; #340, #390, #391) and a monitoring device (Paragraph [0079] describes a Hall sensor for detecting the completion of a rotation of a cam device. Paragraphs [0080] - [0091] describes that the cam rotation also entails a seaming operation) for monitoring the seaming tool (#340, #390, #391), the monitoring device comprising a rotation sensor (Described in paragraph [0079]) which is signal-connected to the monitoring device (Described in ¶ [0079]), the rotation sensor measuring a rotation of the seaming tool (Figures 10A & 10B; #340, #390, #391);
rotating the seaming tool (Figures 10A & 10B; #340, #390, #391);
monitoring the seaming tool by measuring a temporal course of the rotation of the seaming tool (Figures 10A & 10B; #340, #390, #391) by the rotation sensor (Described in paragraph [0079]).
Regarding claim 2, Oh further discloses wherein a sealer is provided and comprises the seaming tool and the monitoring device (Figures 10A & 10B; #340, #390, #391 & described in ¶ [0079]).
Regarding claim 3, Oh further discloses wherein the rotation sensor is arranged on the seaming tool (Shown in figure 10B and described in ¶ [0079]).
Regarding claim 4, Oh further discloses wherein the rotation sensor is arranged with respect to the seaming tool so as to be capable of measuring the rotation of the seaming tool (Shown in figure 10B and described in ¶ [0079]).
Regarding claim 5, Oh further discloses wherein the rotation sensor is a Hall sensor (Described in ¶ [0079]).
Regarding claim 6, Oh further discloses wherein the seaming tool is a seaming device configured to be rotated about a seaming axis (Figures 10A & 10B; #340, #390, #391 & described in ¶'s [0079] - [0091]).
Regarding claim 7, Oh further discloses wherein the seaming device is a seaming roller configured to seam a lid to the container (Described in ¶ [0089] and shown in figure 10B, #403).
Regarding claim 8, Oh further discloses wherein a rotation frequency of the seaming tool is measured by the rotation sensor (Described in ¶ [0079]).
Regarding claim 9, Oh further discloses wherein the rotation of the seaming tool is measured after completion of a sealing operation of the container or the rotation of the seaming tool is measured when the seaming tool is not in engagement with the container (Described in ¶ [0079]).
Regarding claim 10, Oh further discloses wherein the monitoring of the seaming tool comprises the measured temporal course of the rotation of the seaming tool being compared with a standard (Described in ¶'s [0079] - [0091]).
Regarding claim 11, Oh further discloses wherein a measured standstill time of the seaming tool is compared with the standard (Described in ¶'s [0079] - [0091]).
Regarding claim 12, Oh further discloses a device for carrying out the method of claim 1, comprising:
the seaming tool (Figures 10A & 10B; #340, #390, #391); and
the monitoring device (Paragraph [0079] describes a Hall sensor for detecting the completion of a rotation of a cam device. Paragraphs [0080] - [0091] describes that the cam rotation also entails a seaming operation) configured to monitor the seaming tool (Figures 10A & 10B; #340, #390, #391), the monitoring device comprising the rotation sensor signal-connected to the monitoring device (Described in ¶ [0079]), and
configured to measure the rotation of the seaming tool (Figures 10A & 10B; #340, #390, #391).
Regarding claim 13, Oh further discloses a sealer for carrying out the method of claim 1, comprising:
the seaming tool configured to fasten a lid to the container (Figures 10A & 10B; #340, #390, #391); and
the monitoring device configured to control and monitor the sealer (Described in ¶'s [0079] - [0091]), the monitoring device comprising the rotation sensor signal-connected to the monitoring device, by and configured to measure the rotation of the seaming tool (Described in ¶'s [0079] - [0091]).
Regarding claim 14, Oh further discloses further comprising an arrangement arranged in a working space of the sealer and having a plurality of sealing stations comprising the seaming tool (Shown in figures 10A-10B and described in ¶'s [0079] - [0091]).
Regarding claim 15, Oh further discloses wherein the rotation sensor is arranged on the seaming tool or the sealer such that the seaming tool is capable of being monitored by measurement of the rotation of the seaming tool about a seaming axis (Shown in figure 10B and described in ¶'s [0079] - [0091]).
Regarding claim 16, Oh further discloses wherein a rotation frequency of the seaming tool is measured by the rotation sensor, the rotation sensor monitoring a change in the rotation frequency of the seaming tool is monitored (Shown in figure 10B and described in ¶'s [0079] - [0091]).
Regarding claim 17, Oh further discloses wherein the rotation sensor is arranged in the seaming tool (Shown in figure 10B and described in ¶ [0079]).
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Oh in view of Freier (US 9,128,495).
Regarding claim 18, Oh does not specifically teach wherein the rotation sensor is a Hall sensor and the seaming tool comprises in particular a permanent magnet.
Freier teaches wherein the rotation sensor is a Hall sensor and the seaming tool comprises in particular a permanent magnet (Claims 6 and 9 describe a hall sensor in combination with a permanent magnet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oh to incorporate the teachings of Freier to include a hall sensor in combination with a permanent magnet with the motivation of providing a structure by which the hall sensor can generate a signal in response to an action – either user based or not, as recognized by Freier in col 2, lines 7-19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schmid (US 2024/0024946 A1), LeFevre (US 2019/0240719 A1), and Carrein (US 2005/0207871 A1) all teach relevant aspects of seaming devices..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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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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/JACOB A SMITH/Examiner, Art Unit 3731
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