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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Receipt is acknowledged of an Information Disclosure Statement (IDS), filed 22 October 2025, which has been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Response to Preliminary Amendment
Receipt is acknowledged of a preliminary amendment, filed 22 October 2025, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-14 are pending.
Claims 1-13 are amended.
Claim 14 is new.
Specification and Drawings:
Amendments to the specification have been submitted in the amendment filed 22 October 2025.
Amendments to the drawings have not been submitted in the amendment filed 22 October 2025.
Drawings
The drawings are objected to because the reference numerals 38, 40 in figures 3 and 4 are inconsistent. In figure 3, numeral 38 indicates the body, and numeral 40 indicates the head. In figure 3, numeral 40 indicates the body, and numeral 38 indicates the head.
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.
Claim 2 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 is ambiguous as it is unclear in what manner the sensor system extends “contiguous” to the tube. As shown in figures 5A-C, the sensor system is spaced from the tube.
Clarification and/or correction is required.
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 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bassissi et al. (US Patent No. 6,397,557), cited by applicant.
With respect to claim 11, Bassissi et al. disclose a detection system comprising a sensor system (position sensor 42, fig. 1) and a mounting assembly for connection to a tube feed machine for execution of a formation process (position sensor 42 is carried by structure 5 of packaging machine 1 including tube forming assemblies 12, 13, 14, fig. 1), in which a tube of packaging material (strip 3 of packaging material) is fed along a filling pipe of the tube feed machine (pour conduit 20) and is repetitively processed into individual packaging units (sealed packages 10).
With respect to claim 12, Bassissi et al. disclose a method of determining integrity of a tube of a tube-feed packaging system, the method comprising: implementing a tube of packaging material to move along a filling pipe (strip 3 of packaging material is formed into a tube, pour conduit 20, fig. 1); and detecting, with the tube on the filling pipet a predetermined condition associated with tube integrity (position sensor 42 is carried by structure 5 of packaging machine 1 including tube forming assemblies 12, 13, 14, position sensor 42 detects angular misalignment of seal 16, figs. 1, 4).
With respect to claim 13, Bassissi et al. disclose electrical circuitry or a computer program comprising program code executable on one or more processors, of electrical circuitry of a system for formation of tube-feed packaging (control assembly 40, central control unit, fig. 1), to implement the method of claim 12.
Claims 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grzonka et al. (US Patent Publ. No. 2007/0209320, cited by applicant.
With respect to claim 11, Grzonka et al. disclose a detection system comprising a sensor system (sensor system 8, 8’, fig. 1) and a mounting assembly for connection to a tube feed machine for execution of a formation process (the sensor device 8 is disposed between the forming collar 4 and film joining device 6, the packaging machine frame is considered a mounting device, fig. 1, [0031]), in which a tube of packaging material (packaging material 1 is formed into a tube, fig. 1) is fed along a filling pipe of the tube feed machine and is repetitively processed into individual packaging units (filling pipe below forming collar 4 visible in fig. 1, tubular bags are formed, front conveying device 3 for film web 1, forming collar 4, film transport device 5, fig. 1, [0002], [0012], [0014]).
With respect to claim 12, Grzonka et al. disclose a method of determining integrity of a tube of a tube-feed packaging system, the method comprising: implementing a tube of packaging material to move along a filling pipe (packaging material 1 is formed into a tube, filling pipe below forming collar 4 visible in fig. 1, tubular bags are formed, front conveying device 3 for film web 1, forming collar 4, film transport device 5, fig. 1, [0002], [0012], [0014]); and detecting, with the tube on the filling pipe a predetermined condition associated with tube integrity (sensor device 8, 8’ detects misalignment of edges 7, 7’ of the film 1, fig. 2).
With respect to claim 13, Grzonka et al. disclose electrical circuitry or a computer program comprising program code executable on one or more processors, of electrical circuitry of a system for formation of tube-feed packaging (control device 9, fig. 1), to implement the method of claim 12.
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 1-8, 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Grzonka et al. (US Patent Publ. No. 2007/0209320, cited by applicant, in view of Chen et al. (CN 113252742).
With respect to claim 1, Grzonka et al. disclose a system for formation of tube-feed packaging (packaging machine, fig. 1, [0025]), the system comprising: a tube feed machine for execution of a formation process (front conveying device 3 for film web 1, forming collar 4, film transport device 5, fig. 1), in which a tube of packaging material is fed along a filling pipe of the tube feed machine and is repetitively processed into individual packaging units (packaging material 1 is formed into a tube, filling pipe below forming collar 4 visible in fig. 1, tubular bags are formed, fig. 1, [0002], [0012], [0014]), and a detection system comprising a sensor system arranged to detect a predetermined condition associated with tube integrity as the tube is fed along the filling pipe (sensor device 8, 8’ detects misalignment of edges 7, 7’ of the film 1, fig. 2) and wherein the sensor system implements capacitive sensing (sensor 8’ is a capacitive sensor, [0033]).
Grzonka et al. fail to disclose the sensor system is arranged to extend around a circumference of at least an eighth of an exterior portion of the tube.
Chen et al. disclose a tubular pipe encased in a heat shrinkable tube and including a sensor system that implements capacitive sensing and that is arranged to extend around a circumference of at least an eighth of an exterior portion of the tube, the sensor system implements capacitive sensing to detect a breakage in the tube (figs. 1, 2; pg. 4, 4th para.; pg. 5, 7th para.).
It 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 to modify the Grzonka et al. device to extend the capacitive sensor system around a circumference of at least an eighth of an exterior portion of the tube as suggested by Chen et al., for a purpose such as extending the region that can be examined for flaws.
With respect to claim 2, the Grzonka et al. system, as modified by Chen et al., teaches the system of claim 1, wherein the sensor system is curved to correspond to the tube and extends contiguous thereto (Chen et al., figs. 1 and 2 show the sensor is curved, contacts the tube).
With respect to claim 3, Grzonka et al. disclose the sensor system is arranged to overlap one or more longitudinal seams of the tube of packaging material on the filling pipe (sensor 8’ overlaps longitudinal seam area, fig. 2).
With respect to claim 4, the Grzonka et al. system, as modified by Chen et al. teaches the sensor system implements an electrode arrangement which is arranged to emit a sensing field over the tube (Chen et al. fig. 2 shows electrode array over the tube).
With respect to claim 5, the Grzonka et al. system, as modified by Chen et al., teaches the detection system comprises electrical circuitry to determine the predetermined condition associated with tube integrity from an electrical quantity related to a change in the sensing field caused by the tube (Chen et al., capacitance values indicating a break in the tube are transmitted to a server through transmission module, pg. 2, 5th para.).
With respect to claim 6, the Grzonka et al. system, as modified by Chen et al., teaches the predetermined condition from the electrical quantity is determined based on said the electrical quantity crossing one or more thresholds (Chen et al., capacitance values are used for judging distance between module and tube, indicating a break in the tube, pg. 3, last para.).
With respect to claim 7, Grzonka et al. disclose the detection system comprises a mounting assembly arranged to mount the sensor system in operative proximity to the tube supported by the filling pipe, wherein the mounting assembly is connectable to the tube feed machine (the sensor device 8 is disposed between the forming collar 4 and film joining device 6, the packaging machine frame is considered a mounting device, fig. 1, [0031]).
With respect to claim 8, Grzonka et al. disclose that the predetermined condition associated with tube integrity comprises one or more of: a degree of tightness of the tube over a sleeve; a discontinuity in the material of the tube or a longitudinal seam of the tube; and a determination of a contaminant on the tube (the sensor 8’ detects a discontinuity in the edges 7, 7’ of the tube, fig. 2).
With respect to claim 10, Grzonka et al. disclose a packaging unit formed from the system of claim 1 (tubular bags are formed, [0002], [0012], [0014]).
With respect to claim 14, Grzonka et al. disclose the tube is supported by the filling pipe (filling pipe under the forming collar is visible in fig. 1).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Grzonka et al. (US Patent Publ. No. 2007/0209320) in view of Chen et al. (CN 113252742), as applied to claim 1, and further in view of Bassissi et al. (US Patent No. 6,397,557).
With respect to claim 9, Grzonka et al. disclose electrical circuitry configured to determine the predetermined condition (control device 9, fig. 1), and in response implementing corrective driving of the film edges.
Grzonka et al. fail to disclose in response implementing one or more of: a notification to a user interface of the system; prevent feeding of the tube relative the filling pipe; and apply an agent to the tube.
Bassissi et al. disclose in a similar system that it is well known to determine a predetermined condition and in response implement a notification to a user interface of the system (display device 60 receives the control signal and displays the position of the tube, fig. 1, col. 6, l. 21-29).
It 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 to modify the Grzonka et al. device by adding a notification to a user interface as suggested by Bassissi, in order to notify the operator of the status of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jang et al. (KR 2025-0074147) disclose a detection device extending around a portion of the circumference of a tube (fig. 1).
Li et al. (CN 119619245) disclose a capacitive sensor for detecting welding quality of a package seal (fig. 4).
Thomas et al. (US Patent Publ. No. 2022/0317079) disclose a capacitive sensor extending around a portion of the circumference of a tube (fig. 2).
Salila (WO 2020/027727) discloses testing package seal integrity with capacitive sensors.
Ichikawa et al. (WO 2017/159541) disclose a tube feed packaging machine comprising an inspection support.
Loecht (DE 2007 022854) disclose a tube feed packaging machine including a bag seam checking device.
Kinoshita et al. (US Patent Publ. No. 2005/0016124) disclose a tube feed packaging machine including a longitudinal seam overlap detecting device.
Dupas et al. (FR 2,826,122) disclose a capacitive sensor extending around a tube.
Mikata et al. (US Patent No. 4,813,205) disclose a tube feed packaging device including a sensor device extending around the tube.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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