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 10/10/2025.
Claims 1-17 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-17 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 1 line 10, the phrase “which is preferably” renders claim 1 vague and indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 8 lines 3-4, the phrase “the closing station underneath” renders claim 8 vague and indefinite because it is unclear what the closing station is underneath. An object alone cannot be considered “underneath”. Said object has to be underneath relative to another objection. It is unclear what feature or object the closing station is considered underneath. For examining purposes, the phrase is interpreted as “the closing station underneath the feeding station”.
Regarding claim 14 line 4, the phrase “and place it on a third conveyor” renders claim 14 vague and indefinite because it is unclear what the term “it” is referring to. Claim 14 is dependent of claim 1, and claim 1 disclose several features. It is unclear which of these features the term “it” is referring to. For examining purposes, the phrase is interpreted as “and place the at least one container on a third conveyor”.
Claims 2-7 and 9-13 are dependent of claim 1 and include all the same limitations.
Regarding claim 15 line 13-14, the phrase “which is preferably” renders claim 15 vague and indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 16-17 are dependent of claim 15 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 1-3, 11-12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Lyon et al. (3,511,021).
Regarding claim 1, Lyon et al. disclose an apparatus for filling and closing flexible containers (B) having two opposite walls and provided with an aperture, wherein the apparatus comprises:
a feeding station (STA.1) configured to feed containers (B);
a filling station (STA.2) configured to fill said containers (B) with a respective product (A);
a closing station (STA.3) configured to close said containers (B) filled with the respective product (A);
a discharge station (STA.4); and
a handling unit (C) configured to carry at least one container (B) along a closed advancing path passing in succession through feeding (STA.1), filling (STA.2), closing (STA.3), and discharge (STA.4) stations,
wherein said handling unit (C) is rotatable mounted about a rotation axis (see figure 1 below),
wherein said advancing path is circular and centered on said rotation axis (see figure 1 below), and
wherein the handling unit (C) comprises at least one handling device (20, 21, 20’, 21’) having two handling arms (20’, 21’) provided with respective grasping elements (20, 21) configured to grasp said at least one container on the opposite walls of the container, in order to open and close said aperture.
(Figure 1, 5, 5A and Column 2 lines 2-5, 9-30, Column 5 lines 27-32)
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Regarding claim 2, Lyon et al. disclose the at least one handling device (20, 21, 20’, 21’) is radially oriented with respect to said rotation axis (see figure 1 above). (Figure 5, 5A)
Regarding claim 3, Lyon et al. disclose the feeding station (STA.1) is placed on an uppermost zone with said filling station (STA.2) placed at 90º of rotation along said advancing path of said handling unit (C) from said feeding station (STA.1). (Figure 1)
Regarding claim 11, Lyon et al. disclose the gasping elements (20, 21) are suction means connected to an air suction unit and configured to adhere on external surface of the opposite walls of said containers (B). (Column 5 lines 26-27)
Regarding claim 12, Lyon et al. disclose a control unit (Figure 9) connected to said handling unit (C) and programmed to control the movement of the two handling arms (20’, 21’) of said at least one handling device (20, 21, 20’, 21’)
Regarding claim 15, Lyon et al. disclose a method for filling and closing flexible containers (B) having two opposite walls and provided with an aperture, wherein the method comprises the steps of:
feeding a plurality of flexible containers (B) to a feeding station (STA.1);
filling each container (B) of said plurality of flexible containers (B) with a product (A) at a filling station (STA.2);
closing said containers (B) filled with the respective product (A) at a closing station (STA.3);
discharging the closed container (B) at a discharge station (STA.4); and
carrying, by a means of a handling unit (C), at least one container (B) of said plurality of flexible containers (B) along a closed advancing path passing in succession through feeding (STA.1), filling (STA.2), closing (STA.3), and discharge (STA.4) stations,
wherein said handling unit (C) is rotatable mounted about a rotation axis (see figure 1 above),
wherein said advancing path is circular and centered on said rotation axis (see figure 1 below), and
wherein the handling unit (C) comprises at least one handling device (20, 21, 20’, 21’) having two handling arms (20’, 21’) provided with respective grasping elements (20, 21) which grasp said at least one container on the opposite walls of the container,
wherein the grasping elements (20, 21) move away and near to each other the opposite walls of the container (B), in order to open and close said aperture, and
wherein said aperture of the container (B) is kept open by said grasping elements (20, 21) at said filling station, and is closed after the at least one container (B) has been filled with the product (A).
(Figure 1, 5, 5A and Column 2 lines 2-5, 9-30, Column 5 lines 27-32)
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 1-3, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over reference Lyon et al. (3,511,021) in view of reference Eder (7,162,852).
Regarding claim 1, Lyon et al. disclose an apparatus for filling and closing flexible containers (B) having two opposite walls and provided with an aperture, wherein the apparatus comprises:
a feeding station (STA.1) configured to feed containers (B);
a filling station (STA.2) configured to fill said containers (B) with a respective product (A);
a closing station (STA.3) configured to close said containers (B) filled with the respective product (A);
a discharge station (STA.4); and
a handling unit (C) configured to carry at least one container (B) along a closed advancing path passing in succession through feeding (STA.1), filling (STA.2), closing (STA.3), and discharge (STA.4) stations,
wherein said handling unit (C) is rotatable mounted about a rotation axis (see figure 1 below),
wherein said advancing path is circular and centered on said rotation axis (see figure 1 below).
(Figure 1, 5, 5A and Column 2 lines 2-5, 9-30, Column 5 lines 27-32)
Eder disclose a handling unit (10) that is rotatable mounted about a rotation axis (9’), wherein the handling unit (10) comprises: two handling arms (28) provided with respective grasping elements (27); and a gripping element (17), wherein the grasping elements (27) are configured to grasp the opposite walls of a container in order to open and close said container. (Figure 6, 7 and Column 4 lines 43-49, Column 5 lines 4-11)
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 handling unit of Lyon et al. by incorporating the arms, grasping elements, and gripping element as taught by Eder, since column 2 lines 9-16 of Eder states such a modification would help increase the operating speed of the containers.
Regarding claim 2, Lyon et al. modified by Eder disclose at least one handling device (Eder – 17, 27, 28) is radially oriented with respect to said rotation axis. (Eder – Figure 10)
Regarding claim 3, Lyon et al. modified by Eder disclose the feeding station (Lyon et al. – STA.1) is placed on an uppermost zone with said filling station (Lyon et al. – STA.2) placed at 90º of rotation along said advancing path of said handling unit (Lyon et al. – C) from said feeding station (STA.1). (Lyon et al. – Figure 1)
Regarding claim 11, Lyon et al. modified by Eder disclose the gasping elements (Eder – 27) are suction means connected to an air suction unit and configured to adhere on external surface of the opposite walls of said containers (Lyon et al. – B). (Eder – Column 5 lines 4-11)
Regarding claim 12, Lyon et al. modified by Eder disclose a control unit (Eder – 18) connected to said handling unit (Eder – 10) and programmed to control the movement of the two handling arms (Eder – 28) of said at least one handling device (Eder – 17, 27, 28). (Eder – Column 4 lines 44-49)
Regarding claim 13, Lyon et al. modified by Eder disclose a gripping element (Eder – 17) distanced from said grasping elements (Eder – 27) and configured to grip said at least one container (Lyon et al. – B) in a position different from where the grasping elements (Eder – 27) grip the container (Lyon et al. – B), wherein the distance between the gripping element (Eder – 17) and the grasping elements (Eder – 27) is adjustable. (Eder – Column 4 lines 43-49, Column 5 lines 4-11)
Regarding claim 15, Lyon et al. disclose a method for filling and closing flexible containers (B) having two opposite walls and provided with an aperture, wherein the method comprises the steps of:
feeding a plurality of flexible containers (B) to a feeding station (STA.1);
filling each container (B) of said plurality of flexible containers (B) with a product (A) at a filling station (STA.2);
closing said containers (B) filled with the respective product (A) at a closing station (STA.3);
discharging the closed container (B) at a discharge station (STA.4); and
carrying, by a means of a handling unit (C), at least one container (B) of said plurality of flexible containers (B) along a closed advancing path passing in succession through feeding (STA.1), filling (STA.2), closing (STA.3), and discharge (STA.4) stations,
wherein said handling unit (C) is rotatable mounted about a rotation axis (see figure 1 above),
wherein said advancing path is circular and centered on said rotation axis (see figure 1 below).
(Figure 1, 5, 5A and Column 2 lines 2-5, 9-30, Column 5 lines 27-32)
Eder disclose a handling unit (10) that is rotatable mounted about a rotation axis (9’), wherein the handling unit (10) comprises: two handling arms (28) provided with respective grasping elements (27); and a gripping element (17), wherein the grasping elements (27) are configured to grasp the opposite walls of a container in order to open and close said container. (Figure 6, 7 and Column 4 lines 43-49, Column 5 lines 4-11)
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 handling unit of Lyon et al. by incorporating the arms, grasping elements, and gripping element as taught by Eder, since column 2 lines 9-16 of Eder states such a modification would help increase the operating speed of the containers.
When modifying Lyon et al. in view of Eder, the handling unit is interpreted to comprise at least one handling device having two handling arms provided with respective grasping elements which grasp said at least one container on the opposite walls of the container, wherein the grasping elements move away and near to each other the opposite walls of the container, in order to open and close said aperture, and wherein said aperture of the container is kept open by said grasping elements at said filling station, and is closed after the at least one container has been filled with the product.
Claims 4, 6-7, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over reference Lyon et al. (3,511,021) in view of reference Eder (7,162,852) as applied to claim 1 above, and further in view of reference Boldrini et al. (9,289,961).
Regarding claim 4, Lyon et al. modified by Eder disclose the claimed invention as stated above, but do not disclose a pushing member.
Boldrini et al. disclose a filling station comprising: a conveyor (55); and a pushing member (74a), wherein the conveyor (55) includes carrier (56), and wherein the pushing member (74a) is configured to push a product (23) from the carrier (56) to a container (64). (Figure 7 and Column 8 lines 32-42, Column 10 lines 40-47)
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 filling station of Lyon et al. by incorporating the conveyor and pushing member as taught by Boldrini et al., since column 8 lines 32-42 of Boldrini et al. states such a modification would ensure the product maintains a compact form when loaded into the container.
When modifying Lyon et al. in view of Eder and Boldrini et al., the product is interpreted to be pushed into the container along a horizontal plane through the aperture of the container while the aperture is kept open by said grasping elements.
Regarding claim 6, Lyon et al. modified by Eder and Boldrini et al. disclose the filling station (Lyon et al. – STA.2) comprises a second conveyor (Boldrini et al. – 55) having a plurality of carriers (Boldrini et al. – 56) carrying said products (Lyon et al. – A). (Boldrini et al. – Column 8 lines 32-42)
Regarding claim 7, Lyon et al. modified by Eder and Boldrini et al. disclose the filling station (Lyon et al. – STA.2) comprises at least one pushing member (Boldrini et al. – 74a) configured to insert said product (Lyon et al. – A) into the container (Lyon et al. – B) by pushing said product (Lyon et al. – A) along a horizontal plane inside the art one container (Lyon et al. – B) through said aperture which is kept open by said grasping elements, wherein each carrier is provided with a channel (Boldrini et al. – 56) configured and shaped to accommodate said product (Lyon et al. – A), and wherein the pushing member (Boldrini et al. – 74a) travels through the channel (Boldrini et al. – 56) so that the product (Lyon et al. – A) is moved from the carrier into the at least one container (Lyon et al. – B). (Boldrini et al. – Column 10 lines 40-47)
Regarding claim 16, Lyon et al. modified by Eder disclose the claimed invention as stated above, but do not disclose the step of pushing the product.
Boldrini et al. disclose a filling station comprising: a conveyor (55); and a pushing member (74a), wherein the conveyor (55) includes carrier (56), and wherein the pushing member (74a) is configured to push a product (23) from the carrier (56) to a container (64). (Figure 7 and Column 8 lines 32-42, Column 10 lines 40-47)
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 filling station of Lyon et al. by incorporating the conveyor and pushing member as taught by Boldrini et al., since column 8 lines 32-42 of Boldrini et al. states such a modification would ensure the product maintains a compact form when loaded into the container.
When modifying Lyon et al. in view of Eder and Boldrini et al., the product is interpreted to be pushed into the container along a horizontal plane through the aperture of the container while the aperture is kept open by said grasping elements.
Regarding claim 17, Lyon et al. modified by Eder and Boldrini et al. disclose the filling step is carried out by a pushing member (Boldrini et al. – 74a) which pushes said at least one product (Lyon et al. – A) from an advancing carrier provided with a channel (Boldrini et al. – 56), wherein the pushing member (Boldrini et al. – 74a) travels through the channel (Boldrini et al. – 56) so that the product (Lyon et al. – A) is moved from the carrier into the at least one container (Lyon et al. – B). (Boldrini et al. – Column 10 lines 40-47)
Claims 5, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over reference Lyon et al. (3,511,021) in view of reference Eder (7,162,852) and Boldrini et al. (9,289,961) as applied to claim 4 above, and further in view of reference Thierig et al. (8,528,307).
Regarding claim 5, Lyon et al. modified by Eder and Boldrini et al. disclose the claimed invention as stated above but do not disclose the rotation axis lies on a horizontal plane.
Thierig et al. disclose a handing unit (24) rotatable mounted about a rotation axis, wherein the rotation axis lies on a horizontal plane, wherein the handling unit (24) carries a container (10) along a closed advancing path, and wherein the advancing path is circular and centered on the rotation axis. (Figure 6 and Column 4 lines 16-18)
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 rotation axis of Lyon et al. to lie on the horizontal plane as taught by Thierig et al., since column 1 lines 60-64 of Thierig et al. states such a modification would allow for the processing of a plurality of containers simultaneously.
Regarding claim 8, Lyon et al. disclose the closing station (STA.3) is positioned opposite from the feeding station (STA.1). (Figure 1) Thierig et al. disclose a handing unit (24) rotatable mounted about a rotation axis, wherein the rotation axis lies on a horizontal plane. (Column 4 lines 16-18) Therefore, Lyon et al. modified by Eder, Boldrini et al., and Thierig et al. is interpreted to disclose the closing station and the feeding station are arranged along a common vertical plane with the closing station underneath the feeding station.
Regarding claim 10, Lyon et al. disclose the closing station (STA.3) comprising a welding device (heat sealing jaws) configured and positioned to weld the at least one container (B). (Column 2 lines 20-24) Thierig et al. disclose a handing unit (24) rotatable mounted about a rotation axis, wherein the rotation axis lies on a horizontal plane. (Column 4 lines 16-18) Therefore, Lyon et al. modified by Eder, Boldrini et al., and Thierig et al. is interpreted to disclose the container is welded in an upside-down orientation with the aperture facing downwards.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over reference Lyon et al. (3,511,021) in view of reference Eder (7,162,852) as applied to claim 1 above, and further in view of reference Koko et al. (2006/0266005).
Regarding claim 9, Lyon et al. modified by Eder disclose the claimed invention as stated above but do not disclose the feeding station comprises a first conveyor.
Koko et al. disclose a feeding station comprising; a conveyor (20); and a hanging member (9), wherein the hanging member (9) is configured to retrieve a container (B) from the conveyor and transfer the container (B) to a handling unit (10). (Figures 1-2 and Page 5 paragraph 66)
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 feeding station of Lyon et al. by incorporating the conveyor and hanging member as taught by Koko et al., since page 4 paragraph 66 of Koko et al. states such a modification would allow a variety of containers to be transferred to the apparatus.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over reference Lyon et al. (3,511,021) in view of reference Eder (7,162,852) as applied to claim 1 above, and further in view of reference Koga et al. (2007/0074492).
Regarding claim 14, Lyon et al. disclose a pick-an-place device (45) configured to remove the at least one container (B) from the handling unit (C) at the discharge station (STA.4). (Figure 7 and Column 6 lines 19-23)
However, Lyon et al. modified by Eder do not disclose a third conveyor.
Koga et al. disclose a discharge station (position I) comprising a conveyor (14). (Figure 1 and Page 5 paragraph 56)
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 discharge station of Lyon et al. by incorporating the conveyor as taught by Koga et al., since page 5 paragraph 56 of Koga et al. states such modification would ensure the container is discharged to the outside of the apparatus.
Conclusion
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/PATRICK B FRY/Examiner, Art Unit 3731 August 21, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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