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 .
This Office Action is in response to the applicant’s filing on 09/26/2025.
Applicant’s cancelation of claims 1-21 is acknowledged and require no further examining. Claims 22-41 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/26/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the guide as stated in claim 25 and the core and gripping coating as stated in claim 30 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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 28, 32, and 34-41 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 28 lines 2-3, the phrase “to receive an unwound film portion” renders claim 28 vague and indefinite because it is unclear if this is a new or previously mentioned feature. When a new feature is introduced, the feature should be preceded by “a”. When a previous feature is being referred to, the feature should be preceded by "the" or "said". Claim 28 is dependent of claim 22, and claim 22 disclose the first roller is configured to receive an unwound film portion. It is unclear if the tensioning device is configured to receive the same or a different unwound film portion. For examining purposes, the phrase is interpreted as “to receive the unwound film portion”.
Regarding claim 32 line 2-3, the phrase “guide the unwound film portion along the unwinding path against the reel” renders claim 32 vague and indefinite because it is unclear how the film portion considered unwound and against the reel. The film portion is unwound from the reel to become an unwound film portion. It is unclear how the film is considered unwound if reapplied against the reel. For examining purposes, the phrase is interpreted as “guide the unwound film portion along the unwinding path away from the reel”.
Regarding claim 34 lines 5-6, the phrase “a film portion through the first roller” renders claim 34 vague and indefinite because it is unclear how the film goes through the roller. Prior to the phrase, the first roller is disclosed to contact the external surface of the reel. It is unclear how the film is unwound from the reel and goes through the first roller. For examining purposes, the phrase is interpreted as “a film portion passing the first roller”.
Claim 35 is dependent of claim 34 and include all the same limitations.
Regarding claim 36 line 8, the phrase “detaching the unwound film portion from the reel” renders claim 36 vague and indefinite because it is unclear how the film portion considered unwound and against the reel. The film portion is unwound from the reel to become an unwound film portion. It is unclear how the film is considered unwound if reapplied against the reel. For examining purposes, the phrase “detaching the re-wounded film portion from the reel”.
Regarding claim 37 lines 1-2, the phrase “A packaging process comprising: unwinding a portion of a packaging film from a reel using a method of unwinding” renders claim 37 vague and indefinite because it is unclear what is being claimed. It is unclear if claim 37 is claiming a process or claiming a method. For examining purposes, the phrase is interpreted as “A method of unwinding a portion of packaging film from a reel using the apparatus of claim 22”.
Regarding claim 37 lines 6-7, the phrase “a film portion through the first roller” also renders claim 37 vague and indefinite because it is unclear how the film goes through the roller. Prior to the phrase, the first roller is disclosed to contact the external surface of the reel. It is unclear how the film is unwound from the reel and goes through the first roller. For examining purposes, the phrase is interpreted as “a film portion passing the first roller”.
Claims 38-41 are dependent of claim 37 and include all the same limitations.
Claim Rejections - 35 USC § 102
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 22-24, 33-35, and 37-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Candida et al. (2021/0380287).
Regarding claim 22, Candida et al. disclose an apparatus (1) for unwinding a portion of packaging film (3) from a reel (2) couplable to a packaging machine (100), the apparatus (1) comprises:
a support roller (1a) configured to engage the reel (2) and rotate the reel (2) around an unwinding axis (A); and
a first roller (101) extending along and being rotatable around a first axis of rotation,
wherein the first roller (101) is configured to contact an external surface of the reel (2) and to unwind a film portion (4) from the reel (2) and feed the unwound film portion (4) along an unwinding path (Figure 5A), and
wherein the first roller (101) is movable between a plurality of positions to maintain contact between the first roller (101) and the external surface of the reel (2) as the reel is unwound.
(Figure 5A and Page 1 paragraph 14, 16, Page 5 paragraph 99, 102)
Regarding claim 23, Candida et al. disclose a support structure (7) holding ends of the first roller (101) and configured to position the first roller at a respective distance from the unwinding axis (A) of the support roller (1a) in each one of the plurality of positions taken by the first roller (101) as the reel (2) is unwound. (Figure 5A and Page paragraph 99, 102)
Regarding claim 24, Candida et al. disclose the support structure (7) holds the roller for movement along a trajectory transverse to either or both of the first axis of rotation or the unwinding axis (A). (Figure 5A and Page paragraph 99, 102)
Regarding claim 33, Candida et al. disclose a packaging machine (100) comprising:
the apparatus (1) of claim 22; and
a packaging station (20) configured to receive the film portions (4) consecutively from the apparatus (1) and to form packages using the film portions (4).
(Figure 6 and Page 1 paragraph 18)
Regarding claim 34, Candida et al. disclose a method of unwinding a portion of packaging film (3) using the apparatus (1) of claim 22, the method comprising the steps of:
providing the apparatus (1) with the reel (2) with the first roller (101) into contact with the external surface of the reel (2);
rotating the reel (2) around the unwinding axis (A) and unwinding a film portion (4) passing the first roller (101);
guiding the unwound film portion along the unwinding path (Figure 5A); and
while unwinding the film portion (4), moving the first roller (101) between the plurality of positions.
(Figure 5A and Page paragraph 99, 102)
Regarding claim 35, Candida et al. disclose the steps of:
positioning the first roller (101) at a respective distance from the unwinding axis (A) of the support roller (1a) in each one of the plurality of positions taken by the first roller (101) as the reel (2) is unwound while maintaining contact between the first roller (101) and the external surface of the reel (2); and
moving the first roller (101) along a trajectory traverse to one or both of the first axis of rotation and the unwinding axis (A).
(Figure 5A and Page paragraph 99, 102)
Regarding claim 37, Candida et al. disclose a method of unwinding a portion of packaging film (3) using the apparatus (1) of claim 22, the method comprising the steps of:
providing the apparatus (1) with the reel (2) with the first roller (101) into contact with the external surface of the reel (2);
rotating the reel (2) around the unwinding axis (A) and unwinding a film portion (4) passing the first roller (101);
guiding the unwound film portion along the unwinding path (Figure 5A);
while unwinding the film portion (4), moving the first roller (101) between the plurality of positions;
feeding the unwound portion (4) of film and one or more products (P) to be packaged to a packaging station (20, 30); and
at the packaging station (20, 30), using the unwound portion (4) of film to form one or more packages housing one or more respective products (P).
(Figure 5A, 6 and Page 1 paragraph 18, Page 2 paragraph 19, Page paragraph 99, 102)
Regarding claim 38, Candida et al. disclose the one or more packages are formed either under a controlled atmosphere or under vacuum. (Page 6 paragraph 129, 130)
Claims 22-24 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Johnson et al. (10,822,126).
Regarding claim 22, Johnson et al. disclose an apparatus (600) for unwinding a portion of film (608) from a reel (602), the apparatus comprising:
support roller (604) configured to engage a reel (602) and rotate the reel (602) around an unwinding axis (606); and
a first roller (610) extending along and being rotatable around a first axis (612) of rotation,
wherein the first roller (610) is configured to contact an external surface of the reel and to unwind a film portion (608) from the reel (602) and feed the unwound film portion (608) along an unwinding path (Figure 13), and
wherein the first roller (610) is movable between a plurality of positions to maintain contact between the first roller (610) and the external surface of the reel (602) as the reel (602) is unwound.
(Figure 13 and Column 25 lines 52-67 through Column 26 lines 1-17)
Regarding claim 23, Johnson et al. disclose a support structure (614) holding ends of the first roller (610) and configured to position the first roller (610) at a respective distance from the unwinding axis (606) of the support roller (604) in each one of the plurality of positions taken by the first roller (610) as the reel (602) is unwound. (Figure 13 and Column 25 lines 66-67 through Column 26 lines 1-3)
Regarding claim 24, Johnson et al. disclose the support structure (614) holds the first roller (610) for movement along a trajectory transverse to either or both of the first axis of rotation (612) or the unwinding axis (606). (Figure 13)
Regarding claim 26, Johnson et al. disclose a frame (202), wherein the support structure comprises a bar (614) hinged to the frame at a first end and connected to the first roller (610) at an opposite end, and wherein the bar (614) is configured to rotate as the first roller (610) moves between the plurality of positions. (Figure 13 and Column 25 lines 52-67 through Column 26 lines 1-17)
Claims 22-24, 26-32, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Schmidt et al. (3,368,771).
Regarding claim 22, Schmidt et al. disclose an apparatus for unwinding a portion of film (15) from a reel (1), the apparatus comprising:
support roller (2) configured to engage a reel (1) and rotate the reel (1) around an unwinding axis; and
a first roller (3) extending along and being rotatable around a first axis of rotation,
wherein the first roller (3) is configured to contact an external surface of the reel and to unwind a film portion (15) from the reel (1) and feed the unwound film portion (15) along an unwinding path, and
wherein the first roller (3) is movable between a plurality of positions to maintain contact between the first roller (3) and the external surface of the reel (1) as the reel (1) is unwound.
(Figure 1, 2 and Column 2 lines 50-65)
Regarding claim 23, Schmidt et al. disclose a support structure (5) holding ends of the first roller (3) and configured to position the first roller (3) at a respective distance from the unwinding axis of the support roller (2) in each one of the plurality of positions taken by the first roller (3) as the reel (2) is unwound. (Figure 3 and Column 3 lines 50-61)
Regarding claim 24, Schmidt et al. disclose the support structure (5) holds the first roller (3) for movement along a trajectory transverse to either or both of the first axis of rotation or the unwinding axis. (Figure 3 and Column 3 lines 50-61)
[AltContent: textbox (Frame)][AltContent: arrow][AltContent: textbox (Schmidt et al.)]
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Regarding claim 26, Schmidt et al. disclose a frame (see figure 1 above), wherein the support structure comprises a bar (5) hinged to the frame at a first end and connected to the first roller (3) at an opposite end, and wherein the bar (5) is configured to rotate as the first roller (2) moves between the plurality of positions. (Figure 1 and Column 3 lines 50-61)
Regarding claim 27, Schmidt et al. disclose the support structure (5) is configured to hold the first roller (3) leaving the first roller freedom to move between the plurality of positions at least in part by gravity. (Figure 1 and Column 3 lines 50-52)
Regarding claim 28, Schmidt et al. disclose a tensioning device (4) coupled to the support structure (5) and to the first roller (3), wherein the tensioning device is configured to receive the unwound film portion (15) from the first roller (3) and apply tensioning force to the unwound film portion along the unwinding path. (Column 3 lines 52-55)
Regarding claim 29, Schmidt et al. disclose the relative position of the between the first roller (3) and the tensioning device (4) at any one of the plurality of positions of the first roller (3) is such that the first roller (3) is configured to rotate the unwound film portion (15) around the first axis of rotation of at least 90º. (Figure 2)
Regarding claim 30, Schmidt et al. disclose the first roller comprises a core and a gripping coating (col 2 ln 58), wherein the gripping coating forms a gripping surface, and wherein the gripping surface is configured to contact he external surface of the reel (1). (Figure 1 and Column 2 lines 56-58, Column 3 lines 63-65)
Regarding claim 31, Schmidt et al. disclose a second roller (4) adjacent to and configured to cooperate with the first roller (3), wherein the second roller extends along and is rotatable around a second axis of rotation parallel to the first axis of rotation, and wherein the second roller is configured to receive the unwound film portion (15) form the first roller (3) and feed the unwound film portion (15) along the unwinding path. (Figure 1 and Column 2 lines 56-59)
Regarding claim 32, Schmidt et al. disclose the second roller (4) is configured to guide the unwound film along the unwinding path away from the reel (1), wherein the apparatus further comprises a third roller (6) adjacent to and configured to cooperate with the second roller (4), wherein the third roller extends along and being rotatable around a third axis of rotation parallel to the first axis of rotation, and wherein the third roller (6) is configured to receive the unwound film portion (15) from the second roller (4) and to guide the unwound film portion along the unwinding path away from the reel (1). (Figure 1)
Regarding claim 34, Schmidt et al. disclose a method of unwinding a portion of packaging film (15) using the apparatus of claim 22, the method comprising the steps of:
providing the apparatus with the reel (1) with the first roller (3) into contact with the external surface of the reel (1);
rotating the reel (1) around the unwinding axis and unwinding a film portion (15) passing the first roller (3);
guiding the unwound film portion along the unwinding path; and
while unwinding the film portion (15), moving the first roller (3) between the plurality of positions.
(Figure 1, 2 and Column 2 lines 50-65)
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 25 is rejected under 35 U.S.C. 103 as being unpatentable over reference Johnson et al. (10,822,126) as applied to claim 24 above, and further in view of reference Ridley (3,776,442).
Regarding claim 25, Johnson et al. disclose the support structure can be modified to allow the first roller to move linearly relative to the unwinding axis. (Column 26 lines 7-11)
However, Johnson et al. do no not explicitly disclose a guide that the ends of the first roller move along.
Ridley discloses guides (14, 15) comprises slots (12, 13), wherein the slots are configured to receive ends (10, 11) of a roller (3) so the roller is capable of moving in a linear direction. (Figure 1 and Column 5 lines 35-45)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the support structure of Johnson et al. by incorporating the guides as taught by Ridley, since such a modification would allow the first roller to move linearly as suggested by Johnson et al..
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over reference Schmidt et al. (3,368,771) as applied to claim 34 above, and further in view of reference Sachuk (7,407,127).
Regarding claim 36, Schmidt et al. disclose the claimed invention as stated above but do not disclose re-winding the film portion at a contact zone and unwinding the film portion at a second detachment zone.
Sachuk discloses a method of unwinding a film portion, the method comprises the steps of:
detaching the film portion (202) from a reel (212) at a first detachment zone of the reel (212);
guiding the unwound film portion (202) toward contacting zone thereby reengaging the film portion (202) against the reel; and
detaching the reengaged film portion (202) from the reel (212) at a second detachment zone of the reel (212),
wherein the first detachment zone, the second detachment zone, and the contact zone are different from each other.
(Figure 2 and Column 4 lines 64-67 through Column 5 lines 1-2)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Schmidt et al. by incorporating the contact zone and the second detachment zone as taught by Sachuk, since column 5 lines 2-9 of Sachuk states such a modification would increase the guiding surface while reducing the amount of friction between the film portion and the reel.
[AltContent: textbox (Second Detachment Zone)][AltContent: arrow][AltContent: textbox (Contact Zone)][AltContent: arrow][AltContent: textbox (First Detachment Zone)][AltContent: arrow][AltContent: textbox (Sachuk)]
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Claims 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over reference Nishitsuji et al. (8,776,485) in view of reference Schmidt et al. (3,368,771).
Regarding claim 37, Nishitsuji et al. disclose a packaging process comprising the steps of:
unwinding a film point (F) from a reel (6b);
feeding the unwound portion of film (F) and one or more products (C) to be packaged to a packaging station (5);
at the packaging station (5), using the unwound portion of film (F) to form one or more packages (B) housing one or more respective products (C).
(Figure 3 and Column 6 lines 24-29, 37-42, Column 7 lines 5-8)
However, Nishitsuji et al. do not disclose the apparatus of claim 22.
Schmidt et al. disclose an apparatus for unwinding a portion of film (15) from a reel (1), the apparatus comprising:
support roller (2) configured to engage a reel (1) and rotate the reel (1) around an unwinding axis; and
a first roller (3) extending along and being rotatable around a first axis of rotation,
wherein the first roller (3) is configured to contact an external surface of the reel and to unwind a film portion (15) from the reel (1) and feed the unwound film portion (15) along an unwinding path, and
wherein the first roller (3) is movable between a plurality of positions to maintain contact between the first roller (3) and the external surface of the reel (1) as the reel (1) is unwound.
(Figure 1, 2 and Column 2 lines 50-65)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the film supply unit of Nishitsuji et al. by incorporating the apparatus as taught by Schmidt et al., since column 4 lines 34-36 of Schmidt et al. states such a modification would provide constant tension on the web irrespective the change in the diameter of the reel.
Regarding claim 38, Nishitsuji et al. modified by Schmidt et al. disclose the one or more packages (Nishitsuji et al. – B) are formed either under a controlled atmosphere or under vacuum. (Nishitsuji et al. – Column 14 lines 28-30)
Regarding claim 39, Nishitsuji et al. modified by Schmidt et al. disclose the one or more packages are in the form of bags. (Nishitsuji et al. – Figure 3 and Column 6 lines 24-29)
Regarding claim 40, Nishitsuji et al. modified by Schmidt et al. disclose the bags are entirely formed by said one unwound portion of film (Nishitsuji et al. – F). (Nishitsuji et al. – Figure 3 and Column 6 lines 24-29)
Claims 37-38 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over reference Candida et al. (2021/0380287) in view of reference Schmidt et al. (3,368,771).
Regarding claim 37, Candida et al. disclose a packaging process comprising the steps of:
unwinding a film point (9) from a reel (8);
feeding the unwound portion of film (9) and one or more products (P) to be packaged to a packaging station (30);
at the packaging station (30), using the unwound portion of film (9) to form one or more packages housing one or more respective products (P).
(Figure 6 and Page 2 paragraph 19, Page 4 paragraph 74)
However, Candida et al. do not disclose a first roller contacting the external surface of the reel.
Schmidt et al. disclose an apparatus for unwinding a portion of film (15) from a reel (1), the apparatus comprising:
support roller (2) configured to engage a reel (1) and rotate the reel (1) around an unwinding axis; and
a first roller (3) extending along and being rotatable around a first axis of rotation,
wherein the first roller (3) is configured to contact an external surface of the reel and to unwind a film portion (15) from the reel (1) and feed the unwound film portion (15) along an unwinding path, and
wherein the first roller (3) is movable between a plurality of positions to maintain contact between the first roller (3) and the external surface of the reel (1) as the reel (1) is unwound.
(Figure 1, 2 and Column 2 lines 50-65)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the additional supply station of Candida et al. by incorporating the apparatus as taught by Schmidt et al., since column 4 lines 34-36 of Schmidt et al. states such a modification would provide constant tension on the web irrespective the change in the diameter of the reel.
Regarding claim 38, Candida et al. modified by Schmidt et al. disclose the one or more packages are formed either under a controlled atmosphere or under vacuum. (Candida et al. – Page 6 paragraph 129, 130)
Regarding claim 41, Candida et al. modified by Schmidt et al. disclose the each one of the one or more packages includes a tray or support (Candida et al. – 6) and a part of the unwound film portion (Candida et al. – 9) applied thereto to enclose the product (Candida et al. – P). (Candida et al. – Page 4 paragraph 74)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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/PATRICK B FRY/Examiner, Art Unit 3731 July 23, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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