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 .
Status of Claims
This office action is in response to Applicant’s filing on 23 October 2025.
Claims 1 – 20 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 23 October 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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claims. No new matter should be entered.
“an inner side of a wound roll of a packaging material web” – claim 1
“a conveying direction” – claim 1
“an end face” – claim 1
“a shaft” – claim 3
“a bearing gap” – claim 3
“a circle segment” – claim 6
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.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The abstract of the disclosure is objected for the following reason(s):
The abstract should be in narrative form and the form and legal phraseology often used in patent claims should be avoided. In the instant application, the abstract is written in the form of a claim (e.g. a single sentence).
Correction is required. See MPEP § 608.01(b).
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 2, 4 – 8, and 14 – 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bastian (DE 10 2019 135 629 A1).
[AltContent: textbox (B)][AltContent: ][AltContent: arrow][AltContent: ]
Regarding claim 1, Bastian discloses a packaging material production machine for producing a packaging material product, the packaging material production machine comprising:
a feed (3, fig. 15) for introducing packaging material from an inner side (8, fig. 20) of a wound roll (6, fig. 20) of a packaging material web (40, fig. 6) wound with a deflection roller (88, fig. 15. [0060] describes an insertion rod 88 as freely rotating on a feed hopper 3) oriented transversely and perpendicularly to a conveying direction (direction A, annotated fig. 15) of the packaging material web into the packaging material production machine (The examiner notes the limitation, “an inner side of a wound roll of a packaging material web” is not positively recited as part of the claimed packaging material production machine. Moreover, the feed, as recited, introduces the packaging material into the packaging material production machine further indicating that the inner side of the wound roll of a packaging material web prior to this feed is outside and not part of the claimed packaging material production machine); and
a guide wall (wall B and 75, annotated fig. 15) arranged disposed at an end face of a lateral end of the deflection roller for deflecting the packaging material web in a direction of the deflection roller (Figures 15 and 17 shows a wall B and plate 77 of an adjustment device 75 disposed at the end faces of the lateral ends of an insertion rod 88 extending outward from shaft walls 17, 21 of a feed hopper 3 that can structurally function to deflect the packaging material web conveyed from a guide shaft 57 to the insertion rod 88 and along a conveying direction A).
Regarding claim 2, Bastian discloses the lateral end (the lateral end(s) of the insertion rod 88, fig. 15) is covered by the guide wall (wall B and 75, annotated fig. 15) in the conveying direction (direction A, annotated fig. 15) of the packaging material web.
Regarding claim 4, Bastian discloses the guide wall (wall B and 75, annotated fig. 15) delimits a guide path (the path along the conveying direction A, annotated fig. 15) which tapers in a funnel-like manner (within shaft walls 15, 17, 19, 21 of the feed hopper 3 best shown in figure 16) at least in sections in the conveying direction (direction A, annotated fig. 15) of the packaging material web.
Regarding claim 5, Bastian discloses the guide wall (wall B and 75, annotated fig. 15) extends beyond the deflection roller (88, fig. 15) opposite the conveying direction of the packaging material web (Best shown in figure 17 – particularly the circle segment of the adjustment device 75).
Regarding claim 6, Bastian discloses the guide wall (wall B and 75, annotated fig. 15) has a cross section shaped such that the guide wall follows a circle segment of at least 90° of a cross section of the deflection roller (88, fig. 15) (Best shown in figure 17 – particularly the circle segment of the adjustment device 75).
Regarding claim 7, Bastian discloses the deflection roller consists of a pair of rollers (88, 89, fig. 15) delimiting a passage gap (13, fig. 17) for the packaging material web, wherein the guide wall is configured to deflect the packaging material web in a direction of the passage gap (Figures 15 and 17 shows the wall B and the plate 77 of the adjustment device 75 disposed at the end faces of the lateral ends of an insertion rod 88 that extends outward from the housing wall of a feed hopper 3 that can structurally function to deflect the packaging material web conveyed from a guide shaft 57 to the insertion rod 88 and along a direction towards a feed opening A ).
Regarding claim 8, Bastian discloses the guide wall (wall B and 75, annotated fig. 15) in each case covers a lateral end section of the pair of rollers (88, 89, fig. 15) in the conveying direction (direction A, annotated fig. 15) of the packaging material web.
Regarding claim 14, Bastian a discloses system, comprising:
a roll (6, fig. 20) of packaging material web; and
a packing material production machine (1, fig. 20) comprising:
a feed (3, fig. 15) for introducing packaging material from an inner side (8, fig. 20) of the roll with a deflection roller (88, fig. 15); and
a guide wall (wall B and 75, annotated fig. 15) configured to deflect the packaging material web in a direction of the deflection roller.
Regarding claim 15, Bastian discloses method for operating a packaging material production machine, the method comprising:
introducing, via a feed (3, fig. 15) and along a conveying direction (direction A, annotated fig. 15), a roll (6, fig. 20) of packaging material web into a packaging material production machine (1, fig. 20);
directing, via a guide wall (wall B and 75, annotated fig. 15), the packaging material web from the feed to a deflection roller (88, fig. 15), the deflection roller oriented transversely to the conveying direction (As shown in annotated figure 15).
Regarding claim 16, Bastian discloses the circle segment is at least 180° ([0062] describes the circle segment of the adjustment device 75 can be up to 180°).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to 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 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 12 – 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bastian (DE 10 2019 135 629 A1) in view of Toth (US 7 172 548 B2).
Regarding claim 12, Bastian discloses the invention as recited in claim 1.
Bastian does not explicitly disclose a guide device arranged downstream of the deflection roller, the guide device defining a reduced guide path for the packaging material web shorter than a length of the deflection roller, the guide device disposed at a distance not greater than twice a deflection roller diameter from the deflection roller in the conveying direction of the packaging material web.
However, Toth, in the same field of endeavor, teaches a guide device (13, 14, fig. 1) arranged downstream of the deflection roller (12, fig. 1), the guide device defining a reduced guide path for the packaging material web shorter than a length of the deflection roller (As shown in figure 1), the guide device disposed at a distance not greater than twice a deflection roller diameter from the deflection roller in the conveying direction of the packaging material web (As shown in figure 1).
Toth is evidence that having a guide device arranged downstream of the deflection roller, the guide device defining a reduced guide path for the packaging material web shorter than a length of the deflection roller, the guide device disposed at a distance not greater than twice a deflection roller diameter from the deflection roller in the conveying direction of the packaging material web was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the packaging material production machine of Bastian with the guide device of Toth. Moreover, the one having ordinary skill in the art would been motivated to modify packaging material production machine of Bastian with the guide device of Toth in order to delimit the size of the passage gap small enough to preclude an operator’s hand from being inserted through the passage gap for operator safety (Col. 6, ll. 6 – 9).
Regarding claim 13, Bastian, as modified by Toth, discloses the invention as recited in claim 12.The modified Bastian discloses the guide device (Toth – 13, 14, fig. 1) is formed by a pair of guide rollers (Toth – 13, 14, fig. 1) arranged at a distance from one another, the pair of guide rollers defining an axis of rotation oriented transversely and perpendicularly to an axis of rotation of the deflection roller (Toth – 12, fig. 1) Toth – As shown in figure 1).
Allowable Subject Matter
Claims 3, 9 – 11, and 17 – 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Both Sip (US 9 884 465 B2) and Timmers (US 7 722 519 B2) disclose the invention of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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, SHELLEY SELF can be reached on 571-272-4524. 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.
/DAVID G SHUTTY/Examiner, Art Unit 3731
8 August 2026
