DETAILED ACTION
This is a Non-Final Office Action in response to the Appeal Brief Filed on 10/03/2025. Claims 1, 5, 7, 9-13, 18 and 20 are pending. The effective filing date is 06/20/18.
Prosecution Reopened After Appeal Brief
In view of the appeal brief filed on 10/03/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/11/2024 was filed. The submission 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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 1, 5, 7, 9-3, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0284380 A1 Toedtli (hereinafter Toedtli) in view of US 2010/0147418 A1 Piana (hereinafter Piana).
Regarding claim 1, Toedtli teaches a polymeric container (Toedtli [0022]
receptacle may be plastic bottle) comprising:
a finish defining an opening (Toedtli [0126] receptacle has identifier; Fig. 4A,
the receptacle has a top portion, with opening/lid);
a neck adjacent to the finish (Toedtli [0126] receptacle has identifier; Fig. 4A,
the receptacle has a curved portion, neck, to attach lid);
a shoulder extending from the neck, the shoulder including a curved surface that
gradually tapers outward from the neck and away from a longitudinal axis of the
container (Toedtli [0126] receptacle has identifier; Fig. 4A, the receptacle has
a location between the top opening and body portion is tapered);
a body, the shoulder is between the neck and the body (Toedtli [0126]
receptacle has identifier; Fig. 4A, the receptacle has a body below the shoulder
and neck);
a base configured to support the container upright (Toedtli [0126] receptacle
has identifier; Fig. 4A, the receptacle has a bottom to keep container upright); and
the code is unique to the container, identifies the container, and is accessible over a
plurality of refilling cycles (Toedtli [0020] the machine readable marking
contains identification and other information; [0021] a machine readable
marking located on the outer surface of the receptacle; when a marking is laser etched onto a bottle it is not removed, and therefore is available throughout its
lifecycle); wherein:
the code identifies the container in a database including manufacturing information for
the container, filling information for the container, and field information for the container
(Toedtli [0009-0010] information in the marking can include specification of
the content, filling time, use of the content, content, manufacture and filler
information; [0004] filling process, production date, dosage; [0018]);
and
the filling information includes an original fill date, a number of refilling cycles
subsequent to the original fill date, refill dates of each one of the refill cycles, and
refilling locations of each one of the refill cycles (Toedtli [0009-0010] information
in the marking can include specification of the content, filling time, use of the
content, content, manufacture and filler information; [0004] filling process,
production date, dosage; [0018]; Under MPEP 2111.05 examiner must consider all claim limitations, however if the limitation is considered printed matter, there must be a determination whether this information is functional. Under MPEP 2111.05 the matter is to be considered printed matter if the claim it to the content of information, here the limitation is directly related to information contained within a code, and therefore is printed matter. Next, there needs to be a determination about whether that information has a functional relationship. When the information is used to merely convey a message, this is considered nonfunctional. There is no new feature of physical structure and no new relation when introducing the messaging, and therefore, the functional relationship exists.).
Toedtli fails to explicitly disclose the container is a refillable container and a code laser etched on the curved surface such that the code is curved both horizontally
and vertically.
Under MPEP 2111.04 the claim scope is not limited by claim language that suggests or makes optional, this non limiting language includes “wherein” statements. When the wherein clause gives meaning and purpose it is given patentable weight, however, when it simply expresses the intended result, it is not given weight. Here, the bottle is the claim, and its intended purpose to refill, but the refill ability of the bottle does not change its shape, or where codes are etched, and therefore its refill ability is a suggestion.
Piana is in the field of plastic containers (Piana Abstract, plastic containers) and teaches a code laser etched on the curved surface such that the code is curved both horizontally and vertically (Piana [0010] laser inscription etched marking onto wall of containers; Fig. 1, marking 7 on neck of the bottle, which is curved both horizontally and vertically; [0025] laser etched on neck of bottle). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marking of Toedtli with the laser etching and location of the marking as taught by Piana. The motivation for doing so would be apply necessary marking to bottles that are cheap and easy to apply, while maintaining visibility (Piana [0001] various reason to imprint bottles; [0004-0005] easy and inexpensive to mark and review).
Regarding claim 5, modified Toedtli teaches the polymeric container of Claim 1, wherein
the code includes at least one of the following: a QR code; a data matrix code; an Aztec
code; a PDF417 code; a UPC/EAN code; a code 128; and a code 39 (Toedtli
[0053] the code may be QR, code 39, data matrix, Aztec).
Regarding claim 7, modified Toedtli teaches the polymeric container of Claim 1, wherein
the manufacturing information includes at least one of the following: manufacturing date,
manufacturing lot, manufacturing location, and production parameters (Toedtli
[0009-0010] information in the marking can include specification of the content,
filling time, use of the content, content, manufacture and filler information;
[0004] filling process, production date, dosage; [0018]).
Regarding claim 9, modified Toedtli teaches the polymeric container of Claim 1, wherein
the field information includes at least one of the following: date, location, orbit,
appearance, and promotional campaigns (Toedtli [0009-0010] information in
the marking can include specification of the content, filling time, use of the
content, content, manufacture and filler information; [0004] filling process,
production date, dosage; [0018]).
Regarding claim 10, Toedtli teaches a system for tracking containers (Toedtli
[0022] receptacle may be plastic bottle), the system comprising:
a container (Toedtli [0022] receptacle may be plastic bottle), the container
including:
a finish defining an opening (Toedtli [0126] receptacle has identifier; Fig. 4A,
the receptacle has a top portion, with opening/lid);
a neck adjacent to the finish (Toedtli [0126] receptacle has identifier; Fig. 4A,
the receptacle has a curved portion, neck, to attach lid);
a shoulder extending from the neck, the shoulder including a curved surface that
gradually tapers outward from the neck and away from a longitudinal axis of the
container (Toedtli [0126] receptacle has identifier; Fig. 4A, the receptacle has
a location between the top opening and body portion is tapered);
a body, the shoulder is between the neck and the body (Toedtli [0126]
receptacle has identifier; Fig. 4A, the receptacle has a body below the shoulder
and neck);
a base configured to support the container upright (Toedtli [0126] receptacle
has identifier; Fig. 4A, the receptacle has a bottom to keep container upright); and
a code etched on the curved surface (Toedtli [0021] marking the machine readable codes include printing or laser inscription; Fig. 4A, code is etched on a bottle, which is curved),
the code is unique to the container, identifies the container, and is accessible over a
plurality of refilling cycles (Toedtli [0020] the machine readable marking
contains identification and other information; [0021] a machine readable
marking located on the outer surface of the receptacle; when a marking is laser
etched onto a bottle it is not removed, and therefore is available throughout its
lifecycle);
wherein the code identifies the container in a database including manufacturing
information for the container, filling information for the container, and field information
for the container, the filling information includes: an original fill date, a number of refilling
cycles subsequent to the original fill date, refill dates of each one or the refill cycles, and
refilling locations of each one of the refill cycles (Toedtli [0009-0010] information in the marking can include specification of the content, filling time, use of the
content, content, manufacture and filler information; [0004] filling process,
production date, dosage; [0018]; Under MPEP 2111.05 examiner must consider all claim limitations, however if the limitation is considered printed matter, there must be a determination whether this information is functional. Under MPEP 2111.05 the matter is to be considered printed matter if the claim it to the content of information, here the limitation is directly related to information contained within a code, and therefore is printed matter. Next, there needs to be a determination about whether that information has a functional relationship. When the information is used to merely convey a message, this is considered nonfunctional. There is no new feature of physical structure and no new relation when introducing the messaging, and therefore, the functional relationship exists.);
a first belt (Toedtli [0126] readout device transport the receptacle between
two belts; Fig. 4A);
a second belt spaced apart from the first belt a distance sufficient for both the first belt
and the second belt to contact the container when the container is arranged between
the first belt and the second belt (Toedtli [0126] readout device transport the
receptacle between two belts; Fig. 4A); and
a camera arranged along a first side of the first belt and the second belt, the camera is
positioned above the container and angled downward towards the shoulder to read the
code off of the container as the first belt and the second belt convey the container along
a distance (Toedtli [0127-0128] readout device with optical detector, using a
camera, to read the barcode; Fig. 4A; [0127] illumination may be provided at
an incline from above OR the front; the image may show a horizontal camera, but
[0127] describes an angular view of the bottles);
and at least one reflector arranged along a second side of the first belt and the second
belt, the second side is opposite to the first side where the camera is arranged, the at least one reflector configured to direct a light beam generated by the camera to the
code to read the code off the container to allow the code to be read regardless of
whether the code is facing the first side or the second side (Toedtli [0058] the
device includes an illumination device that may be reflective, and shine a light at
the container to read the marking no matter the angle of the marking to the
camera);
wherein the first belt and the second belt are configured to be operated by a controller
to move at different speeds to rotate the container such that as the container passes the
camera the code faces the camera and is visible to the camera (Toedtli [0047]
actuators may be used to align and rotate the receptacle; [0072] rotation in
front of optical detector; [0035] actuator is used with coordinate system to
move the receptacle, and can have different speeds for different arms to rotate).
Toedtli fails to explicitly disclose the container is a refillable container and t a code laser etched on the curved surface such that the code is curved both horizontally
and vertically.
Under MPEP 2111.04 the claim scope is not limited by claim language that suggests or makes optional, this non limiting language includes “wherein” statements. When the wherein clause gives meaning and purpose it is given patentable weight, however, when it simply expresses the intended result, it is not given weight. Here, the bottle is the claim, and its intended purpose to refill, but the refill ability of the bottle does not change its shape, or where codes are etched, and therefore its refill ability is a suggestion.
Piana teaches a code laser etched on the curved surface such that the code is curved both horizontally and vertically (Piana [0010] laser inscription etched marking onto wall of containers; Fig. 1, marking 7 on neck of the bottle, which is curved both horizontally and vertically; [0025] laser etched on neck of bottle). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marking of Toedtli with the laser etching and location of the marking as taught by Piana. The motivation for doing so would be apply necessary marking to bottles that are cheap and easy to apply, while maintaining visibility (Piana [0001] various reason to imprint bottles; [0004-0005] easy and inexpensive to mark and review).
Regarding claim 11, modified Toedtli teaches the system of Claim 10, wherein the first
belt and the second belt are operated by the controller to move at different speeds or in
different directions to rotate the container such that as the container passes the camera
the code faces the camera and is visible to the camera (Toedtli [0047] actuators
may be used to align and rotate the receptacle; [0072] rotation in front of
optical detector; [0035] actuator is used with coordinate system to move the
receptacle, and can have different speeds for different arms to rotate).
Regarding claim 12, modified Toedtli teaches the system of Claim 10, wherein the
camera is a first camera with the option for more cameras (Toedtli [0025] the
optical detection contains at least one camera). Toedtli fails to explicitly disclose the
system further comprises a second camera; and wherein the system includes no more
than two cameras. It would have been obvious to one of ordinary skill in the art at the
time the invention was filed to modify the teaching of one or more cameras of Toedtli,
which suggests that more than one camera may be used, with only one additional
camera of the instant invention. Under MPEP 2144.04(VI)(b) that mere duplication of
parts has no patentable significant unless a new and unexpected result is produced.
The limitation of only 2 cameras, compared to multiple camera, would not be patentably
distinguishable.
Regarding claim 13, modified Toedtli teaches the system of Claim 10, wherein the code
includes at least one of the following: a QR code; a data matrix code; an Aztec code; a
PDF417 code; a UPC/EAN code; a code 128; and a code 39 (Toedtli [0053] the
code may be QR, code 39, data matrix, Aztec).
Regarding claim 18, modified Toedtli teaches the system of Claim 10, wherein the
manufacturing information includes at least one of the following: manufacturing date,
manufacturing lot, manufacturing location, and production parameters (Toedtli
[0009-0010] information in the marking can include specification of the content,
filling time, use of the content, content, manufacture and filler information;
[0004] filling process, production date, dosage; [0018]).
Regarding claim 20, modified Toedtli teaches the system of Claim 10, wherein the filling
information includes at least one of the following: date, location, orbit, appearance, and promotional campaigns (Toedtli [0009-0010] information in the marking can
include specification of the content, filling time, use of the content, content,
manufacture and filler information; [0004] filling process, production date,
dosage; [0018]).
Response to Arguments
Applicant’s arguments, see Pg. 7, Para. 2, filed 10/03/2025, with respect to the rejections of claims 1 and 10 under 103 have been fully considered and are persuasive.
Prior rejection recitation of the curve horizontally and vertically is not found in prior art. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Toedtli in view of Piana.
Regarding 35 U.S.C. 103 Rejection of Independent Claim 1:
Features emphasized by the Applicant include “the code is curved both horizontal and vertically…and is accessible over a plurality of refilling cycles”, “the container is a refillable container”, and “the filling information includes an original fill date, a number of refilling cycles subsequent to the original fill date, refill dates of each one of the refill cycles, and refilling locations of each one of the refill cycles”.
Toedtli is able to teach marking a bottle with a machine readable code, the claim specifies that the code is etched on a curved surface, but fails to teach the curve horizontally and vertically. Therefore, a new prior art is introduced to teach this limitation. See Piana above in the 103 rejection.
Toedtli is also able to teach that filling information is included in the code marked on the bottle. The claim has specified what information is being stored within the code, and that include fill dates, refilling cycles, refill dates and refill locations. As described in the claimed citation, Toedtli is able to teach that the information stored in the code includes time, date, and location of the filling, and therefore, if it is the first filling or any subsequent refilling, the claim element is storing information in a code to identifier time date and location is taught, and the fact is it a refill compared to the original fill is extra-solution activity, since the type of data stored in the code does not change the product of the code itself string information. See MPEP 2111.05 about the functionality of printed matter, and the information does not provide any functional limitations.
Toedtli is not used to teach the refilling of bottles. Under MPEP 2111.04 the wherein statement about the sue of the bottle merely provides a suggestion on what to do with the bottle, and therefore does not carry significant weight to limit the claim. Toedtli therefore is able to teach printing a code on a bottle, and that code includes filling information, and the secondary reference Piana is able to teach a bottle with a code on the neck. Therefore, the combination of the two references showcases how the original code and original filling information may also include refilling information.
There is no indication that the recycling of bottles in Toedtli would prevent the code on the bottle from containing information about refilling. The code itself contains information, and that information can be easily changed based on the desired outcome of the bottle.
Regarding 35 U.S.C. 103 Rejection of Independent Claim 10:
Features emphasized by the Applicant include “the code is curved both horizontal and vertically…and is accessible over a plurality of refilling cycles”, “a number of refilling cycles…refill dates…refilling locations”; “a second belt spaced apart from the first belt”; “the camera is positioned above the container and angled downward towards the shoulder to read the code off the container as the fist belt and the second belt convey the container”; “the at least one reflector configured to direct a light beam generated by the camera to the code to read the code of the container to allow the code to be read regardless of whether the code is facing the first side or the second side”; “to move at different speeds to rotate the container such that as the container passes the camera the code faces the camera and is visible to the camera”.
As discussed, in regards to claim 1, the combination of references is used to teach the information details and curved surface the code is etched onto. Toedtli is used to teach a bottle having a code, that contain information about the filling, Piana teaches that codes can be etched on curved surfaces, and therefore the combination would have been obvious to combine and teach the claimed invention elements.
In Toedtli Fig.4A, there is an obvious showcase of a conveyor system with two belts, and as described in [0035] it is described that the conveyor system has an actuator, and that actuator is used with the coordinate system to move the receptables, and that they may have different speeds in order to rotate, specifically one arm may stand still, while the other moves and they are independent of each other. Therefore, each belt is controlled and moves at different speeds to rotate the container, the limitation of claim 10.
The next elements of the claim limitation relate to the angle of the camera, and the reflector arranged to direct light. Toedtli [0127-0128] describes an optical detector, a camera, and providing illumination to properly read the barcode on the bottle. Applicant specifically points to the camera being angled downward being different from Toedtli, but in [0127] the camera is described as an angular view of the bottles. The system of Toedtli has a camera, and that camera is able to read the barcode, and additionally contains a light in order to illuminate the barcode in order to properly read that barcode. The system includes the camera, and the position described in Toedtli completes the function described in the instant application, and therefore, the system of Toedtli is able to perform as described in the instant application.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,585,107 B2 Sinnema et al. teaches moving vessels (Abstract);
US 10,775,396 B2 Gemperle et al. teaches handling samples (Abstract);
US 9,600,982 B2 MacIntosh teaches identification of items using downward facing cameras (Abstract);
US 11,741,733 B2 Filler et al. teaches identifying images using cameras (Abstract);
US 10,776,729 B2 Smith et al. teaches tracking containers (Abstract);
US 11,741,733 B2 Filler et al. teaches tracking items through their lifecycle (Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA E SULLIVAN whose telephone number is (571)272-9501. The examiner can normally be reached M-Th; 9:00 AM-5PM EST.
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/J.E.S./Examiner, Art Unit 3627