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 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 1-13 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paita et al. (US Patent 8,074,568).
With respect to claim 1, Paita et al. teaches a system (1) for printing indicia onto a surface of a container (2, Column 2, Lines 38-45, Column 3, Lines 65-67), comprising:
an elongate web (7) having indicia (Column 4, lines 10-13) thereon;
a rotating device (12) for moving the elongate web (7, Column 4, Lines 58-67, Figures 1-4);
a continuous container transfer station (8, Figures 1-4) having a plurality of container holders (9, 9A, 9B, 9F), each one of the plurality of container holders (9, 9A) for releasably securing a container (2, Column 8, Lines 48-53), the continuous container transfer station (8) configured for moving the container (2) from an infeed container station to a web-container contact location (Column 4, lines 24-67, Figures 2-4);
wherein each one of the container holders (9, 9A, 9B, 9F) comprise a motor system (Column 4, lines 43-50, Column 7, Lines 37-Column 8, line 47) for moving the container (2) into contact with the web (7), for moving the container (2) away from contact with the web (7), and for rotating the container (2, Column 3, Lines 26-29);
wherein, upon contact of the container (2) to the web (7), the indicia is transferred from the web (7) to the container (2);
and wherein the motor system (Column 4, lines 43-50; column 7, line 37-Column 8, line 47 in conjunction with figures 1-4) rotates the container (2) whereby a tangential velocity of the container (2) is substantially equal to a surface velocity of the web (7) at a point of the web-container contact location (Column 4, lines 24-67).
With respect to claim 2, Paita et al. the indicia comprises at least an ink layer (Column 4, lines 10-13).
With respect to claim 3, Paita et al. teaches the inidicia disposed on the web comprises a release layer, an ink layer and an adhesive layer (Columns 4, 7 and 8).
With respect to claim 4, Paita et al. teaches the release layer is disposed onto a surface of the web (7), the ink layer over the release layer and the adhesive layer is disposed over the ink layer (Columns 4-8 in conjunction with figures 1-4).
With respect to claim 5, that upon contact of the container (2) to the web (7) and controlled rotation thereof, the adhesive layer is secured to the container (2) with the ink layer being transferred from the web (7) to the container (2) and with the release layer remaining with the web (7) to be rewind through the rewinding reel (17).
With respect to claim 6, Paita et al. teaches the rotating device (12) is a web drum (Figures 1-4) for guiding the web (7).
With respect to claim 7, Paita et al. teaches a belt, a motor, a pinion gear system, or or/other means for rotating the web drum to control the tangential velocity of the web (7) at the web-container contact location (Column 4, Lines 63-67).
With respect to claim 8, Paita et al. teaches the rotating device (12) is a rotating spindle or pulley moving and controlling the tangential velocity of the web (7) at the web-container contact location.
With respect to claim 9, Paita et al. teaches a backup guide (5, 6) for guiding the web (7) at the web-container contact location (Column 4, Lines 7-9, Column 7, Lines 42-49).
With respect to claim 10, Paita et al. teaches the motor system (Column 4, lines 43-50; column 7, line 37 - column 8, line 47), controls the tangential velocity of the container (2) at the web-container contact location (Figures 1-4).
With respect to claim 11, Paita et al. teaches the motor system controls the tangential velocity of the container at the web-container contact location (Column 4, Lines 63-67).
With respect to claim 12, Paita et al. teaches the container holder (9, 9A) comprises an upper container holder (191) and a lower container holder (193); and wherein the motor system comprises first and second motors mechanically associated with the upper container holder (191) and/or with the lower container holder (193, Column 4, lines 43-50; column 7, line 37 - column 8, line 47, Figures 5, 6).
With respect to claim 13, Paita et al. teaches at least one of the first and second motors system (Column 4, lines 43-50; column 7, line 37-Column 8, line 47) are configured to controllably move the container (2) towards and away from the web and /or to rotate the container (2).
With respect to claim 15, Paita et al. teaches a container packaging assembly comprising the system of claim 1 (Abstract).
With respect to claim 16, Paita et al. teaches a method for printing indicia onto a surface of a container, comprising:
providing an elongate web (7) having indicia thereon (Column 4, lines 10-13);
providing a rotating device (12) for moving the elongate web (7, Column 4, Lines 58-67, Figures 1-4);
providing a container releasably secured with a container holder (9, 9A, 9B, 9F and Column 8, Lines 48-53);
providing a continuous container transfer station (8, Figures 1-4) having a plurality of container holders (9, 9A, 9B, 9F),
providing a motor system mechanically associated with each of the container holders (9, 9A, 9B, 9F and Column 4, lines 43-50, Column 7, Lines 37-Column 8, line 47) for moving the container (2) towards the web (7), and for rotating the container (2, Column 3, Lines 26-29);
contacting the rotating container (2) and the moving web (7) at a web container contact location; and
transferring the indicia from the web on a surface of the container (2, Column 2, Lines 38-45, Column 3, Lines 65-67) while the continuous container transfer station is moving the container from an infeed container station to the web-container contact location (Column 4, lines 24-67);
With respect to claim 17, Paita et al. teaches the moving web (7) has a surface velocity and wherein a tangential velocity of the rotating container is substantially equal to the surface velocity of the web while transferring the indicia from the web onto the surface of the container (Column 4, lines 24-67).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Paita et al. (US Patent 8,074,568) in view of Stowitts (EP3749522).
With respect to claim 14, Paita et al. teaches the claimed invention with the exception of a curing station for curing the ink layer and/or curing the adhesive layer.
Stowitts teaches a system with a curing station for curing the ink layer and/or curing the adhesive layer (16, Paragraph 0154).
It would have been obvious to one of ordinary skill in the art before the present invention was made to modify the invention taught by Paita et al. to provide a curing station as taught by Stowitts for the purpose of ensuring the ink is properly cured and set to prevent smearing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA LIANA FERGUSON SAMRETH whose telephone number is (571)272-2163. The examiner can normally be reached M-F 8 a.m.-5 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Marissa Ferguson-Samreth/ Examiner, Art Unit 2853
/CHRISTOPHER E MAHONEY/ Primary Examiner, Art Unit 2852
Prosecution Insights