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 10/31/2025.
Claims 1-15 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/31/2025 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 2-3, 6-8, 11, and 14 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 2 line 1, the phrase “A packaging machine according to claim 1” renders claim 1 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 2 is dependent of claim 1, and claim 1 discloses a package machine. It is unclear if the packaging machine disclosed in claim 2 is the same or different from the packaging machine disclosed in claim 1. For examining purposes, the phrase is interpreted as “The packaging machine according to claim 1”. Claims 3-9 and 11 are dependent of claim 1 and are interpreted in the same way.
Regarding claim 3 line 2, the phrase “opposite sides and/or edges” renders claim 3 vague and indefinite because it is unclear how the holding device engages the sides and the edges. The phrase “and/or” implies the list of A, or B, or A and B. It is unclear how the holding device is configured to both engage the sides of the bag and the edges of the bag. For examining purposes, the phrase is interpreted as “opposite sides or edges”.
Regarding claim 3 line 2, the phrase “edges of a package bag” renders claim 3 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 3 is dependent of claim 1, and claim 1 discloses a package bag. It is unclear if the bag disclosed in claim 3 is the same or different from the bag disclosed in claim 1. For examining purposes, the phrase is interpreted as “edges of the packaging bag”.
Regarding claim 6 line 2-3, the phrase “suction belts and/or one or more clamping belts” renders claim 6 vague and indefinite because it is unclear how the feeding device has suction belts and clamping belts. The phrase “and/or” implies the list of A, or B, or A and B. It is unclear how the feeding device comprises both suction belts and clamping belts. For examining purposes, the phrase is interpreted as “suction belts or one or more clamping belts”.
Regarding claim 6 line 3, the phrase “holding and/or conveying” renders claim 6 vague and indefinite because it is unclear how the feeding device function by just holding the bag. The phrase “and/or” implies the list of A, or B, or A and B. It is unclear how the feeding device is configured to only hold the bag. For examining purposes, the phrase is interpreted as “holding and conveying”.
Regarding claim 6 line 3, the phrase “conveying of a package bag” renders claim 6 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 6 is dependent of claim 1, and claim 1 discloses a package bag. It is unclear if the bag disclosed in claim 6 is the same or different from the bag disclosed in claim 1. For examining purposes, the phrase is interpreted as “conveying of the packaging bag”.
Regarding claim 7 line 3-4, the phrase “filling a package bag … displace a packaging bag” renders claim 7 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 7 is dependent of claim 1, and claim 1 discloses a package bag. It is unclear if the bag disclosed in claim 7 is the same or different from the bag disclosed in claim 1. For examining purposes, the phrase is interpreted as “filling the packaging bag … displace the packaging bag”.
Regarding claim 8 line 2-3, the phrase “opening of a package bag” renders claim 8 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 8 is dependent of claim 1, and claim 1 discloses a package bag. It is unclear if the bag disclosed in claim 8 is the same or different from the bag disclosed in claim 1. For examining purposes, the phrase is interpreted as “opening of the packaging bag”.
Regarding claim 11 line 3-4, the phrase “producing a packaging bag” renders claim 11 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 11 is dependent of claim 1, and claim 1 discloses a package bag. It is unclear if the bag disclosed in claim 11 is the same or different from the bag disclosed in claim 1. For examining purposes, the phrase is interpreted as “producing the packaging bag”.
Regarding claim 11 line 5-6, the phrase “at least one of a part of the packaging material and at least one packaging bag” renders claim 11 vague and indefinite because it is unclear the material and bag are separated. The phrase “at least one” implies the list of A, or B, or A and B. It is unclear how the separating device separates both the packaging material and the packaging bags. For examining purposes, the phrase is interpreted as “either a part of the packaging material or at least one packaging bag”.
Regarding claim 14 line 3, the phrase “with at least one of opposite sides of the packaging bag or opposite edges” renders claim 14 vague and indefinite because it is unclear how the holding device engages the sides and the edges. The phrase “at least one” implies the list of A, or B, or A and B. It is unclear how the holding device is configured to both engage the sides of the bag and the edges of the bag. For examining purposes, the phrase is interpreted as “with the opposite sides of the packaging bag or the opposite edges of the packaging bag”.
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, 3-5, 7-8, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Nakamoto (11,091,284).
Regarding claim 1, Nakamoto discloses a packaging machine (10) comprising:
a conveying device (11) for conveying a plurality of carriages (13),
wherein two adjacent carriages (13) are configured to jointly receive, hold, and in a conveying direction, displace a packaging bag (100); and
a feeding device (21) for feeding a packaging bag (100) to two adjacent carriages (13) of the conveying device (11),
wherein the packaging bag (100), when being fed to the conveying device (11), and the two adjacent carriages (13), when receiving the packaging bag (100), are displaced in the conveying direction.
(Figures 1, 4, and Column 5 lines 18-32, Column 7 lines 60-64. Column 8 lines 1-3)
In column 8 lines 1-3, Nakamoto discloses the feeding device (21) follows the transferred carriages (13). This implies that the feeding device moves along the conveying direction along with the carriages. Therefore, Nakamoto is interpreted to disclose the packaging bag, when being fed to the conveying device, and the two adjacent carriages, when receiving the packaging bag, are displaced in the conveying direction.
Regarding claim 3, Nakamoto discloses the two adjacent carriages (13) respectively have a holding device (132) for engagement with opposite sides or edges of the packaging bag (100). (Column 7 lines 1-4)
Regarding claim 4, Nakamoto discloses the conveying device (11) has a conveying track (12), wherein the carriage (13) has a plurality of rollers (131B, 131C), wherein the plurality of rollers (131B, 131C) have substantially vertical axes of rotation, and wherein the rollers (131B, 131C) are in direct contact with the conveying track (12) and arranged on a carriage body (131) of the carriages (13) in a rollable manner at the conveying track (12). (Figures 4, 5 and Column 6 lines 21-29, 42-52)
Regarding claim 5, Nakamoto discloses the conveying device (11) is designed to individually control adjacent carriages (13) when receiving a packaging bag (100). (Column 7 lines 13-19)
Regarding claim 7, Nakamoto discloses the packaging machine further comprises at least one filling device (25) for filling the packaging bag (100) with a filling material, wherein the conveying device (11) is configured to displace the packaging bag (100), held by the two adjacent carriages (13), to the filling device (25). (Column 8 lines 63-66, Column 9 lines 3-4)
Regarding claim 8, Nakamoto discloses the conveying device (11) is configured to open and/or close an opening of the packaging bag (100), held by the carriages (13), by relatively displacing one adjacent carriage (13) with respect to the other adjacent carriage (13). (Column 7 lines 19-25)
Regarding claim 12, Nakamoto discloses a method for feeding a packaging bag (100) to a conveying device (11), wherein the conveying device (11) is configured to convey a plurality of carriages (13), and wherein the method comprises the steps of:
feeding the packaging bag (100) by a feeding device (21) to two adjacent carriages (13) of the conveying device (11); and
receiving and holding the fed packaging bag (100) by the two adjacent carriages (13) during displacement of the carriages (13) and the packaging bag (100) in a conveying direction.
(Figures 1, 4, and Column 5 lines 18-32, Column 7 lines 60-64, Column 8 lines 1-3)
In column 8 lines 1-3, Nakamoto discloses the feeding device (21) follows the transferred carriages (13). This implies that the feeding device moves along the conveying direction along with the carriages. Therefore, Nakamoto is interpreted to disclose receiving and holding the fed packaging bag by the two adjacent carriages during displacement of the carriages and the packaging bag in a conveying direction.
Regarding claim 14, Nakamoto discloses the step of engaging respectively one holding device (132) of the two adjacent carriages (13) with the opposite sides of the packaging bag (100) or the opposite edges of the packaging bag (100). (Column 7 lines 1-4)
Claims 1-2, 6-8, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Todd et al. (6,050,061).
Regarding claim 1, Todd et al. disclose a packaging machine (10) comprising:
a conveying device (102, 104, 106, 108) for conveying a plurality of carriages (102, 104),
wherein two adjacent carriages (102, 104) are configured to jointly receive, hold, and in a conveying direction, displace a packaging bag (12); and
a feeding device (54) for feeding a packaging bag (12) to two adjacent carriages (102, 104) of the conveying device (102, 104, 106, 108),
wherein the packaging bag (12), when being fed to the conveying device (102, 104, 106, 108), and the two adjacent carriages (102, 104), when receiving the packaging bag (12), are displaced in the conveying direction.
(Figures 1, 5A-5D and Column 4 lines 1-3, Column 7 lines 42-44, Column 8 lines 46-53)
In Figures 5A-5D, Todd et al. show the feeding device (54) feeds the packaging bag (12) along a direction substantially the same as the direction of movement of the carriages (102, 104). Therefore, Todd et al. is interpreted to disclose the packaging bag, when being fed to the conveying device, and the two adjacent carriages, when receiving the packaging bag, are displaced in the conveying direction.
Regarding claim 2, Todd et al. disclose the packaging bag (12) is displaced at least one of:
substantially without acceleration; and
substantially only in the conveying direction.
(Figures 5A-5D and Column 8 lines 7-14)
Regarding claim 6, Todd et al. disclose the feeding device (54) has one or more suction belts (col 7 ln 53) or one or more clamping belts for holding and conveying of the packaging bag. (Column 7 lines 50-53)
Regarding claim 7, Todd et al. disclose the packaging machine (10) further comprises at least one filling device (110) for filling the packaging bag (12) with filling material, wherein the conveying device (102, 104, 106, 108) is configured to displace the packaging bag (12), held by the two adjacent carriages (102, 104), to the filling device (110). (Figure 1 and Column 4 lines 9-12)
Regarding claim 8, Todd et al. disclose the conveying device (102, 104, 106, 108) is configured to open and/or close an opening of the packaging bag (12), held by the carriages (102, 104), by relatively displacing one adjacent carriage (102) with respect to the other adjacent carriage (104). (Figures 6A-7C and Column 10 lines 51-56, Column 11 lines 3-4)
Regarding claim 11, Todd et al. disclose at least one of:
a connecting device (6) for connecting at least two layers of packaging material (14) and producing the packaging bag (12);
a separating device (46) for separating either a part of the packaging material (14) or at least one packaging bag; and
a closing device (112) for closing the filled packaging bag (12).
(Figures 1, 2 and Column 4 lines 7-12, Column 27-29, Column 6 lines 8-11, 19-21, Column 11 lines 28-32)
Regarding claim 12, Todd et al. disclose a method for feeding a packaging bag (12) to a conveying device (102, 104, 106, 108), wherein the conveying device (102, 104, 106, 108) is configured to convey a plurality of carriages (102, 104), and wherein the method comprises the steps of:
feeding the packaging bag (12) by a feeding device (54) to two adjacent carriages (102, 104) of the conveying device (102, 104, 106, 108); and
receiving and holding the fed packaging bag (12) by the two adjacent carriages (102, 104) during displacement of the carriages (102, 104) and the packaging bag (12) in a conveying direction.
(Figures 1, 5A-5D and Column 4 lines 1-3, Column 7 lines 42-44, Column 8 lines 46-53)
In Figures 5A-5D, Todd et al. show the feeding device (54) feeds the packaging bag (12) along a direction substantially the same as the direction of movement of the carriages (102, 104). Therefore, Todd et al. is interpreted to disclose receiving and holding the fed packaging bag by the two adjacent carriages during displacement of the carriages and the packaging bag in a conveying direction.
Regarding claim 13, Todd et al. disclose the packaging bag (12) is displaced at least one of:
substantially without acceleration; and
substantially only in the conveying direction.
(Figures 5A-5D and Column 8 lines 7-14)
Regarding claim 14, Todd et al. disclose the step of engaging respectively one holding device (166, 167, 186, 187) of two adjacent carriages (102, 104) with either the opposite sides of the packaging bag (12) or the opposite edges of the packaging bag (12). (Figure 4A and Column 9 lines 49-51, Column 10 lines 3-6)
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 9-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over reference Nakamoto (11,091,284) as applied to claim 1 above, and further in view of reference Nagao et al. (4,928,473).
Regarding claim 9, Nakamoto discloses the claimed invention as stated above but do not disclose a weighing device.
Nagao et al. disclose a conveying device comprising a plurality of carriages (14a, 14b, 15a, 15b), wherein each carriage includes a holding device (15a, 15b) situated on the end of a holding arm (14a, 14b), wherein each holding arm (14a, 14b) includes a weighing cell (17a, 17b) configured to weigh a packaging bag (16). (Figure 3 and Column 2 lines 45-50, Column 3 lines 10-14)
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 carriages of Nakamoto by incorporating the weighing cell as taught by Nagao et al., since column 1 lines 49-55 of Nagao et al. states such a modification would ensure accurate measurement of the net weight of the filling material.
Regarding claim 10, Nakamoto modified by Nagao et al. disclose the two adjacent carriages (Nakamoto – 13) have a weighing cell (Nagao et al. – 17a, 17b) for weighing the packaging bag (Nakamoto – 100) held by the carriages (Nakamoto – 13). (Nagao et al. – Column 3 lines 10-14)
Regarding claim 15, Nakamoto discloses a packaging machine (10) comprising a conveying device (11) for conveying a plurality of carriages (13), wherein two adjacent carriages (13) are configured to jointly receive, hold, and in a conveying direction, displace a packaging bag (100). (Figures 1, 4, and Column 5 lines 18-32)
However, Nakamoto does not disclose a weighing device.
Nagao et al. disclose a conveying device comprising a plurality of carriages (14a, 14b, 15a, 15b), wherein each carriage includes a holding device (15a, 15b) situated on the end of a holding arm (14a, 14b), wherein each holding arm (14a, 14b) includes a weighing cell (17a, 17b) configured to weigh a packaging bag (16). (Figure 3 and Column 2 lines 45-50, Column 3 lines 10-14)
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 carriages of Nakamoto by incorporating the weighing cell as taught by Nagao et al., since column 1 lines 49-55 of Nagao et al. states such a modification would ensure accurate measurement of the net weight of the filling material.
Conclusion
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/PATRICK B FRY/Examiner, Art Unit 3731 August 31, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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