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 .
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.
(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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benterman et al (US 2015/0119216), hereinafter Benterman.
Regarding claim 1, Benterman discloses a packaging apparatus (Fig. 1, item 1) which packages a stored object (Para. 0050-0052) in a packaging box (Fig. 2, item 8, 80, 81) having a cylindrical body with a bottom portion closed and changes a height (Para. 0050-0052) of the packaging box dependent on a height (Para. 0050-0052) of the stored object (Para. 0050-0052), the packaging apparatus comprising:
a height measuring part (Fig. 1, item 7, 70, 71) which measures a height of the stored object (Para. 0050-0052) stored in the cylindrical body with a top surface opening portion opened (Para. 0050-0052), and
a scoring part (Fig. 2, item 60, 61) (Fig. 7, item 200) (Fig. 9, item 610, 620, 621, 640, 641) which forms a horizontal crease (Para. 0058) in a wall of the cylindrical body (Para. 0058) based on a result of the height measuring part (Para. 0050-0052) to divide the wall into a side wall and an upper flap (Para. 0050-0052), wherein the scoring part includes a roller part (Fig. 9, item 620, 621, 640, 641) which holds the wall of the cylindrical body (Fig. 0058) and moves in a horizontal direction (Fig. 0058) while rolling on both front and rear surfaces (Fig. 0058) of the wall to form the horizontal crease (Fig. 0058).
Regarding claim 2, Benterman discloses the packaging apparatus according to claim 1, wherein the scoring part includes:
a first scoring part (Fig. 1, item 200) (Fig. 9, item 610, 620, 621, 640, 641) including the roller part (Fig. 9, item 610, 620, 621, 640, 641) which forms the horizontal crease in a pair of the walls (Para. 0053-0056, positioning system can move around four axes and along guide rails 210a, 210b, 220a, 220b) facing each other in a first direction (Fig. 7) when the cylindrical body is viewed from a plane (Para. 0053-0056), and
a second scoring part (Fig. 1, item 200) (Fig. 9, item 610, 620, 621, 640, 641) including the roller part which forms the horizontal crease in a pair of the walls (Para. 0053-0056, positioning system can move around four axes and along guide rails 210a, 210b, 220a, 220b) facing each other in a second direction (Fig. 7) perpendicular to the first direction when the cylindrical body is viewed from a plane (Para. 0053-0056).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Benterman in view of Nishio et al (US 6,387,028), hereinafter Nishio.
Regarding claim 3, Benterman teaches the packaging apparatus according to claim 1, wherein the roller part includes: an outer roller (Fig. 9, item 620, 621) which is disposed in a horizontal direction (Fig. 0058) (Fig. 9) along the horizontal crease via an interval (Fig. 0058) and rotates around an axis (Fig. 0058) while being pressed on a front surface of the wall (Fig. 0058), and an inner roller (Fig. 9, item 640, 641) which is disposed to face the outer roller (Fig. 0058) and rotates around an axis (Fig. 0058) while being pressed on a rear surface of the wall (Fig. 0058).
Benterman is silent about the roller part including a pair of outer rollers and the inner roller which is disposed to face a space between the pair of outer rollers.
However, Nishio teaches a packaging apparatus (Nishio, Fig. 4) comprising a roller part (Nishio, Fig. 4, item 61, 62, 63) including a pair of outer rollers (Nishio, Fig. 4, item 63) and the inner roller (Nishio, Fig. 4, item 62) which is disposed to face a space (Nishio, Fig. 4, inner roller 62 faces the rollers 63 opposite the inner roller 62 such that inner roller 62 also faces the space between the rollers 62) between the pair of outer rollers (Nishio, Fig. 4).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Benterman and Nishio to modify the roller part of Benterman to include the pair of outer rollers of Nishio. A person of ordinary skill in the art would have been motivated to make such change in order to provide a machine which is adapted for high-speed operation (Nishio, Col. 1, lines 61-67).
Regarding claim 4, as combined above, Nishio teaches the packaging apparatus according to claim 3, wherein the inner roller is disposed to face the space between the outer rollers (Nishio, Fig. 4) at a position shifted downward with respect to the outer rollers (Nishio, Fig. 4) (Nishio, Col. 5, line 34-Col. 6, line 8, the inner roller 62 is pivoted downward with respect to the outer rollers 63).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
