Ex Parte Sink

Patent Trial and Appeal Board

Mar 17, 2016

11927865 (P.T.A.B. Mar. 17, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
111927,865 10/30/2007 John Richard Sink
20792 7590 03/18/2016
MYERS BIGEL & SIBLEY, PA
PO BOX 37428
RALEIGH, NC 27627
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
9335-42 6572
EXAMINER
MAZUMDAR, SONYA
ART UNIT PAPER NUMBER
1745
MAILDATE DELIVERY MODE
03/18/2016 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JOHN RICHARD SINK
Appeal2014-004264
Application 11/927,865
Technology Center 1700
Before ADRIENE LEPIANE HANLON, ROMULO H. DELMENDO, and
MONTE T. SQUIRE, Administrative Patent Judges.
HANLON, Administrative Patent Judge.
DECISION ON APPEAL
A. STATEMENT OF THE CASE
The Appellant filed an appeal under 35 U.S.C. § 134 from a final rejection
of claims 1-7 and 26. Claims 8-21 are also pending but have been withdrawn
from consideration. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
Representative claim 1 is reproduced below from the Claims Appendix of
the Appeal Brief dated February 7, 2013 ("Br."). The limitations at issue are
italicized.
1. A label printing station for applying labels to an object,
compnsmg:
Appeal2014-004264
Application 11/927,865
a base;
a label supply wheel rotatably mounted to the base for rotation
about a first vertical axis of rotation, the label supply wheel including
a friction-inducing component configured to resist rotation of the
supply wheel if torque applied to the label supply wheel is below a
predetermined level;
a label backing take-up wheel rotatably mounted to the base for
rotation about a second vertical axis of rotation;
a drive motor connected to the take-up wheel;
a rotation-permitting component associated with the drive
motor and the take-up wheel;
a label print-head assembly mounted to the base, the label print-
head assembly being configured to print on a label as the label is
vertically oriented;
wherein the supply wheel, the print-head assembly and the take-
up wheel serially define a paper path along which a substantially
continuous label backing sheet travels; and
a labeling station configured to apply a label to an object, the
labelirn.?: station beirn.?: nositioned to receive a nrinted label from the '-' '-' _._ _._
print-head assembly and apply it to the object;
wherein the rotation-permitting component is configured such
that, during operation of the drive motor, when tension in the backing
sheet exceeds a predetermined level, the take-up wheel rotates at a
lower speed than when tension in the sheet is below the predetermined
level.
According to the Appellant, the claimed configuration of the rotation-
permitting component "can be particularly important in a machine, such as that
illustrated in the present application, that labels containers intermittently ... rather
than a machine that provides a backing sheet with labels substantially continuously
as part of a production operation." Br. 4.
The claims on appeal stand rejected as follows:
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Appeal2014-004264
Application 11/927,865
(1) claims 1-7 under 35 U.S.C. § 103(a) as unpatentable over Coughlin et
al. 1 in view of Good, Jr.,2 Wesley 771,3 and Wesley 359;4 and
(2) claim 26 under 35 U.S.C. § 103(a) as unpatentable over Coughlin in
view of Good, Wesley 771, and Wesley 359, and further in view of McLeod et al. 5
B. DISCUSSION
1. Rejection (1)
The Examiner finds Coughlin discloses a label printing station for applying
labels to an object as recited in claim 1 with the exception of, inter alia, the
claimed "rotation-permitting component associated with [a] drive motor and [a]
take-up wheel."6 Ans. 5; see also Br. 9. The Examiner finds that ribbon
tensioning device 160 disclosed in Wesley 771 corresponds to the rotation-
permitting component recited in claim 1. Ans. 5; see also Wesley 771, Fig. 3 and
col. 10, 11. 25--41 (tensioning device 160 grips the ribbon or backing sheet 152 for
movement advancement purposes).
ivfore specifically, the Examiner finds that the labeling machine disclosed in
Wesley 771 comprises a ribbon tensioning device 160 and a gear reducer 165, to
convey a used ribbon onto take-up spool 122. The take-up spool 122 is driven by a
1 WO 98/58845, published December 30, 1998 ("Coughlin").
2 US 5,188,696, issued February 23, 1993 ("Good").
3 US 4,601,771, issued July 22, 1986 ("Wesley 771").
4 US 3,278,359, issued October 11, 1966 ("Wesley 359").
5 US 6,450,228 B 1, issued September 17, 2002 ("McLeod").
6 The Examiner also finds Coughlin does not disclose "a friction-inducing
component" as recited in claim 1. The Examiner, however, concludes that adding
a friction-inducing component to Coughlin's label printing station would have
been obvious to one of ordinary skill in the art based on the teachings of Good.
Examiner's Answer dated June 28, 2013 ("Ans."), at 5. The Appellants do not
direct us to any error in the Examiner's conclusion of obviousness or the
Examiner's underlying factual findings. See Br. 4.
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Appeal2014-004264
Application 11/927,865
motor 164, which, in tum, is energized from a control mechanism 240. Ans. 5, 8.
The Examiner also finds "Wesley teaches that it is well known for a basic labeling
machine comprising a main drive motor to be equipped with a speed reducer
during overall operation of the machine, so the label web is conveyed at the
desired, appropriate speed." Ans. 5---6.
The Appellant contends that the "rotation-permitting component" recited in
claim 1 is exemplified by clutch mechanism 134, illustrated in Appellant's Figures
13-15. Br. 2. The Appellant argues that the tensioning device 160 disclosed in
Wesley 771, in contrast to the claimed rotation-permitting component, provides
tension to the ribbon, but does not reduce the rotational speed of either the motor
164 or the take-up spool 122 during operation. Br. 5. The Appellant recognizes
that the Examiner also refers to the gear reducer 165 of Wesley 771, in the
rejection on appeal. The Appellant, however, argues that "the gear reducer 165
merely 'gears down' the rotational speed of the drive motor so that the take-up
spool 122 rotates more slowly. The gear reducer does not vary the speed at which
the take-up spool 122 rotates during operation." Br. 6 (emphasis added).
The Appellant's arguments are not persuasive of reversible error. Claim 1
recites that "the rotation-permitting component is configured such that, during
operation of the drive motor, when tension in the backing sheet exceeds a
predetermined level, the take-up wheel rotates at a lower speed than when tension
in the sheet is below the predetermined level. "7 Br. 9 (emphasis added). Wesley
771 discloses that ribbon or backing sheet 152 bearing labels is, inter alia, trained
across feeler switch mechanism 126 and passes over ribbon tensioning device 160
7 The Examiner correctly concludes that the phrase "when tension in the backing
sheet exceeds a predetermined level" is "a conditional limitation which does not
have to occur." Ans. 9.
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Appeal2014-004264
Application 11/927,865
onto take up spool 122. Wesley 771, col. 6, 11. 16-27. The Examiner finds that
"any tension applied to the ribbon will affect the speed that the ribbon is taken up
on the take-up spool by effectively gripping the ribbon." Ans. 8. Wesley 771 also
teaches that ribbon tension varies during operation of the disclosed labeling
machine.
More specifically, during operation, ribbon 152 advances the length of one
label with a forward movement of the ribbon and then stops when the feeler
mechanism drops between an adjacent pair of labels disposed on ribbon 152.
Wesley 771, col. 7, 11. 22-32. A rotating container 154 operates to wind up the
leading label as the label completes its separation from the ribbon 152, and ribbon
152 passes over ribbon tensioning device 160 onto take up spool 122. Wesley 771,
Fig. 3 and col. 7, 11. 50-52. Wesley 771 discloses that take up spool 122 is driven
by motor 164 through gear reducer 165, which is energized from control
mechanism 240 in any convenient manner, in association with other basic controls
of the labeling machine 30 and the feeler switch mechanism 126. Wesley 771, col.
6, 11. 24--27 and col. 10, 11. 60-64.
Based on the foregoing, a preponderance of the evidence of record supports
the Examiner's finding that ribbon tensioning device 160 is configured as recited
in claim 1 due to its location downstream of feeler switch mechanism 126 and
upstream of take up spool 122. The Appellant has failed to establish otherwise.
The Appellant does not present any arguments in support of the separate
patentability of claims 2-7. Thus, for the reasons set forth above and reasons
provided in the Examiner's Answer, the § 103(a) rejection of claims 1-7 is
sustained.
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Appeal2014-004264
Application 11/927,865
2. Rejection (2)
Claim 26 depends from claim 1 and recites that the rotation-permitting
component is a clutch. Br. 10. The Examiner concludes, and the Appellant does
not dispute, that adding a clutch mechanism to Coughlin's label printing station
would have been obvious to one of ordinary skill in the art based on the teachings
of McLeod. See Ans. 7. Therefore, the§ 103(a) rejection of claim 26 is sustained.
C. DECISION
The decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a)(l).
AFFIRMED
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