Appeal No. 2006-2337
Application No. 10/887,181
The examiner, in response, states on page 5 of the answer:
Arguably, the probe 13 of Chow et al. could be construed "for taking
measurements of the container" and/or is used in a step of "measuring” the void
volume. The probe 13 of Chow et al. operates to read the information or receive a
data measurement corresponding to the container volume and subsequently
performs the filling task according to the processed information. Appellant
presents alternatives for the probe for determining the amount of dunnage to be
provided to the container as a "code reader such as a bar code reader" or a
"mechanical plunger" (see specification, pg. 26, lines 3-27). The claims are read
in light of the specification as it would be interpreted by one of ordinary skill in
the art. The interpretation of the above limitations has led the examiner to believe
that the embodiment described in the claims is limited to the mechanical plunger
otherwise Chow et al. by itself would anticipate the majority of the claims.
We disagree with the examiner’s rationale. Claim 47 recites, “a probe for taking
measurements of the container within which the object is placed for determining the void
volume” and further recites that the determined void volume is used to determine and
control the amount of dunnage used to fill the void. Independent claim 56 contains
similar limitations.
We find that Chow teaches a system for filling packages with dunnage. As the
examiner states, Chow teaches using a barcode reader to read indicia on the box to
identify the size of the box. See column 2, lines 43 through 59. However, the indicia is
not disclosed as being used to determine the volume of the void in the box (container)
which contains an object. Chow further teaches that the size of the box is used to control
the height to which the box is lifted relative to the dunnage fill tube. A fill valve is then
opened for a period of time and the fill is allowed to flow into the box, a mound of fill
clogs the fill pipe when the box is filled. See column 3, lines 30 through 35 and column
4, lines 12 through 21. The mound of fill is then leveled with compressed air. See
column 5, lines 1 through 5. Chow states that the system provides the proper amount of
fill regardless of the contents of the box. See column 4, lines 15 through 20. We do not
find that the system of Chow teaches determining the void volume based upon
measurements and using the measurements to determine and control the amount of
dunnage used to fill the box. Rather, Chow’s system works based upon providing as
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