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 .
Response to Amendment/Arguments
The Amendment filed 6/24/2025 has been entered. Claims 1, 4-6, and 16-20 remain pending on the application.
Applicant argues:
The applicant respectfully disagrees with the examiner's assertion that the combination of Lucani and Laumer render Claim 1 obvious. Applicant respectfully submits that the Examiner's comparison of Lucani's expelling means 53 and its interaction assembly 55 to the claimed engagement element 27 misrepresents the operational principles of Lucani. Specifically, Lucani teaches that it is the star wheel 28 that is designed to actuate the advancement of the succession of receptacle closures 2 from inlet station 5 to outlet station 6, as detailed in paragraph [0042].
The star wheel mechanism is explicitly designed to push, at least indirectly, the succession of receptacle closures along the designated path P from the inlet to the outlet.
Lucani's expelling means 53 are not intended for conveying caps during sterilization; rather, they are configured solely for expelling caps in case of problems. This distinction is critical, as the absence of an endless track in Lucani is because the pusher 58 is not required for continuous movement but is instead used for expelling caps when necessary. Lucani clearly indicates that the expelling means are actuated only after the feeding of receptacle closures to the inlet station has been interrupted, such as after deactivation of the feeding means. Therefore, absent any disclosure to the contrary, there is no teaching, suggestion, or motivation to modify Lucani's system to include an endless track, or to modify the interaction assembly, to utilize it for an altogether different purpose for than was intended and taught by Lucani.
Clearly, there is no motivation whatsoever - it would not have been obvious to one of ordinary skill in the art to modify Lucani to have an endless track, or to utilize the interaction assembly along an endless track, in comparison to its teachings of using a star wheel for advancement of the closures and the expelling device 54 (and interaction assembly thereof) for use after an interruption of the feeding of receptacle closures to the inlet station.
Examiner respectfully disagrees. Once again, as stated previously, there would be motivation to have an endless track because there would need to be a way to move the interaction element 58 back to its starting point, which Lucani itself does not teach but clearly has a need for.
Nevertheless, for the sake of expediting prosecution of the instant application, claim 1 (and claims 4-6, 16-18 depending therefrom) is amended to recite that each engagement element remains at least partially extending within the guide track when the respective cart assembly is moveably coupled to the endless track, wherein each engagement element causes interference and engagement with the one or more receptacle closures so as to permit the advancement of the one or more receptacle closures along the advancement path.
Indeed, Lucani's interaction element does not at least partially remain extending within the guide track as presently claimed, as the interaction assembly thereof is at least withdrawn from interference with the advancement of the closures along the guide rail by the rotation of the star wheel. Indeed, the interaction element 58 remains free from interference during the operation thereof so as to permit the star wheel to advance the closures (see Figure 9). Neither Laumer nor Perl, either singly, in combination, and/or in combination with Lucani, fulfill these deficiencies nor would any combination thereof have made obvious of the presently claimed invention.
Claims 4-6 and 16-18 depend from claim 1, which for the reasons listed above is believed to be allowable. Accordingly, by virtue of their dependence on an allowable claim, claims 4-6 and 16-18 are believed to be allowable.
Lucani modified by Laumer still teaches a configuration of the apparatus in which the engagement element is at least partially extending within the guide track when the cart assembly is moveably coupled to the endless track and wherein the engagement element causes interference and engagement with the receptacle closures to move them, because this configuration occurs when the star wheel fails and the endless track is activated to move the receptacle closures.
The same argument holds true for new claims 19 and 20, which, in combination, include all of the limitations of claim 1.
In addition, it is noted that Fig. 3 of Lucani shows its interaction assembly 55 disposed on top of curved inlet portion 22a of the guide rail (which is labeled in Fig. 2).
Claims 1, 4, 6, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lucani (EP 3192531 A1, provided in Applicant’s IDS) in view of over Laumer (WO 2015128113 A1, provided in Applicant’s IDS).
Regarding claim 1, Lucani teaches A sterilization apparatus for sterilizing receptacle closures (abstract: There is described a sterilization apparatus (1) for sterilizing receptacle closures (2)),
the apparatus comprising a conveying device for advancing receptacle closures along an advancement path, the conveying device comprising:
- at least one guide track defining and/or delimiting the advancement path (Fig. 7: guide rail 22);
and - an advancement unit adapted to advance the receptacle closures along the advancement path; wherein the advancement unit comprises:
- a track (Fig. 7: belt 60a);
- a cart assembly moveably coupled to the endless track and configured to interact with one or more receptacle closures coupled to the guide track (Fig. 7: interaction assembly 55);
- an actuation assembly configured to control advancement of the cart assemblies along the endless track for advancing the receptacle closures along the advancement path (Fig. 2: actuation assembly 59);
wherein each cart assembly comprises a cart moveably coupled to the endless track (Fig. 7: slide member 57)
and at least an engagement element coupled to the respective cart and configured to engage with the one or more receptacle closures for advancing the one or more receptacle closures along the advancement path (Fig. 7: interaction element 58);
the apparatus further comprising an isolation chamber housing at least a portion of the guide track and comprising at least a sterilization zone within which the receptacle closures advancing along a sterilization portion of the advancement path are, in use, sterilized (Fig. 1: injection zone 35 of treatment chamber 4),
- wherein the apparatus comprises a sterilization unit configured to sterilize the receptacle closures during advancement of the receptacle closures along the sterilization portion; wherein the respective engagement element of each cart assembly is arranged within the isolation chamber at least during advancement of the respective receptacle closures within the sterilization zone (pg. 4 par. 13: Each injection device 32 is configured to inject the sterilization agent, preferably hydrogen peroxide, or peracetic acid, in particular in heated and vaporized form into treatment chamber 4, in particular towards the respective guide rail 22; Fig. 9: injection tube 33 which are part of injection device 32; pg. 7 par. 3: Furthermore, the sterilization agent is supplied to one or more guide rails 22 neighbored to the active guide rail 22, preferably to the respective first end portions 33a);
wherein the guide track is configured to support and/or guide the receptacle closures during advancement along the advancement path (pg. 3 par. 14: More specifically, each guide rail 22 is adapted to receive, carry and guide receptacle closures 2);
each engagement element is configured to engage with a group of receptacle closures successively arranged on the guide track; each engagement element is configured to contact at least the receptacle closure of the group of receptacle closures , which is arranged upstream from the others along the advancement path , so as to apply a pushing force on the group of receptacle closures upon advancement of the respective cart for advancing the group of receptacle closures along the advancement path (Fig. 7: interaction element 58 behind closure 2; pg. 6 par. 14: an interaction element 58 fixed to said slide member 57 and apt to contact the receptacle closures 2 and to move the receptacle closures 2 to outlet station 6 during movement of the respective interaction assembly 55 towards outlet station 6 itself).
but does not teach wherein the track is endless, and wherein there is a plurality of cart assemblies,
wherein: the endless track is arranged outside of the isolation chamber;
the actuation assembly is configured to control each cart assembly independently from the others;
each cart assembly comprises:-
a first interaction member coupled to the respective cart; and- a second interaction member coupled to the respective engagement element;
each first interaction member and the respective second interaction member are configured to interact with one another by means of magnetic and/or electromagnetic interaction so as to transfer a movement of the respective cart to the respective engagement element;
and wherein each engagement element remains at least partially extending within the guide track when the cart assembly is moveably coupled to the endless track, wherein each engagement element causes interference and engagement with the one or more receptacle closures so as to permit the advancement of the one or more receptacle closures along the advancement path.
Laumer teaches an apparatus for treating continuously moving receptacles (Fig. 1; abstract: The invention relates to a device for treating and/or producing containers, comprising a clean room and a transporting apparatus for transporting containers and/or preforms along a process route arranged within the clean room). Laumer teaches a mechanism for moving the receptacles along that is located outside of the treatment chamber, which is advantageous because the mechanism can then be cleaned and maintained independent of the treatment chamber so that the sterility of the treatment chamber is maintained (abstract: wherein the clean room has a wall element that separates the clean room from an outer room, and wherein the transporting apparatus has a drive system, which is arranged outside of the clean room and is designed to move an inner element movably arranged within the clean room; pg. 1 par. 6: However, mechanically moving parts and their associated drive elements, whether for transport or for forming or for handling the containers, generally have to be lubricated, cleaned and maintained. For cleaning, lubrication and maintenance, however, the clean room conditions in the insulator must be violated, which increases the risk of microbial contamination. In addition, production must be interrupted at regular intervals, which reduces the productivity of the entire system; pg. 3 par. 3: Since in the described device no mechanical contact for moving the inner element is required, the clean room can be hermetically sealed against the outer space at least in the region of the wall element. In addition, lubrication, cleaning or maintenance of the drive system can take place without intervention in the clean room, whereby unintentional microbial contamination of the clean room can be avoided).
In addition, Laumer’s design has the advantage of being able to control a path-time profile of the items being treated so that the treatment time can be controlled, using a rotary encoder on the motor of the belt drive and a control unit configured to control the drive system (pg. 5 par. 2: A belt or belt drive can thereby move the outer transport element by means of a control and / or regulating device of the transport device with a predetermined path-time profile along the outer guide element. The path-time profile is given here, and also when using a linear motor drive, depending on process parameters, such as a desired throughput or a treatment time of the respective treatment units. When using a belt or belt drive, the exact position of the outer transport element can be determined via a rotary encoder on a motor of the belt or belt drive. Alternatively, a linear displacement measuring system can be used, in which, in particular, sensors arranged along the outer guide element determine the position of the outer transport element).
In order to implement a drive system outside of the treatment chamber, Laumer teaches an endless track … wherein: the endless track is arranged outside of the isolation chamber ;
(Fig. 3: outer guide rail 215; pg. 4 par. 4: Alternatively, the inner guide element and / or the outer guide element may comprise at least one return path for returning the respective transport element, which is in particular also arranged along the wall element. Such a return path can be formed as part of a closed transport path);
each cart assembly comprises:-
a first interaction member coupled to the respective cart (Fig. 3: magnet 370 attached to outer transport element 350); and- a second interaction member coupled to the respective engagement element (Fig. 3: magnet 370 attached to inner transport element 340 which has engagement element 380);
each first interaction member and the respective second interaction member are configured to interact with one another by means of magnetic and/or electromagnetic interaction so as to transfer a movement of the respective cart to the respective engagement element (pg. 8 par. 9: FIG. 3 illustrates a plan view of a particular embodiment of the drive system according to the present invention wherein the inner transport member 340 is indirectly driven by moving the outer transport member 350. In this case, the inner transport element 340 is coupled to the outer transport element 350 via permanent magnets or electromagnets 370 through the wall element 225. The magnets 370 are arranged such that always complementary poles on both sides of the wall member 225 are opposite (see hatching)). The actuator for this drive system is member 385 (pg. 8, second par. from bottom: The directly driven outer transport element 350 further has a reaction element 355, which can be driven and / or controlled via alternating magnetic fields of a linear motor strand 385 arranged in the outer space. Alternatively, the outer transport element 350 has a contact surface 355, which is in engagement with a belt or belt drive 385 arranged in the outer space).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive system for the interaction assembly 55 of Lucani to instead comprise an outer rail located outside of the treatment chamber on which there is a first sliding element with a first magnet,
wherein the outer rail with the first sliding element is a belt drive driven by a motor,
an inner rail located inside the treatment chamber on which there is a second sliding element with a second magnet configured to interact with the first magnet in such a way that the first sliding element moves the second sliding element,
wherein the interaction element 58 of Lucani is attached to the second sliding element for pushing receptacle closures from behind,
wherein the first sliding element is driven by an actuator assembly to move along the outer rail,
a control/regulating device configured to move the first sliding element on the outer rail as part of the belt drive such that a path-time profile can be controlled,
and a rotary encoder on the motor of the belt drive
as taught by Laumer, in order to implement a drive system that can be maintained and cleaned without disturbing the sterility of the treatment chamber and to control a treatment time of the receptacle closures.
Fig. 7 of Lucani shows that the interaction element 58 is disposed at least partially disposed within the guide track 22 and engaging/interfering with a receptacle closure. Thus, whenever the interaction assembly 55 of Lucani modified by Laumer is coupled to the endless track as a result of the Laumer modification in order to move the receptacle closures, at least a portion of the second sliding element would partially extend into the guide rail and engage with the receptacle closures, reading on a configuration in which
and wherein each engagement element remains at least partially extending within the guide track when the cart assembly is moveably coupled to the endless track, wherein each engagement element causes interference and engagement with the one or more receptacle closures so as to permit the advancement of the one or more receptacle closures along the advancement path.
Lucani modified by Laumer still does not teach wherein there is a plurality of cart assemblies,
the actuation assembly is configured to control each cart assembly independently from the others;
Laumer teaches a plurality of cart assemblies (pg. 8 par. 6: The transport of the preforms and containers within the clean room 100 is achieved according to the invention with one or more movably mounted on a guide rail 130 transport elements 140) that can be individually controlled (pg. 6 par. 2: The one or more control units can be designed such that they individually control… the transport elements such that the containers or preforms entrained by the inner transport elements pass through the process parameters the process path predetermined path-time profile along the inner transport path to be moved).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lucani modified by Laumer to have a plurality of cart assemblies that are each individually controlled by the actuation assembly, as taught by Laumer, in order to control the movement of the elements to be treated to match desired process path-time profiles.
Regarding claim 4, Lucani modified by Laumer teaches the sterilization apparatus according to any one of the preceding claims, as set forth above, but does not teach wherein the actuation assembly comprises a plurality of coils for selectively forming an electromagnetic field and being arranged along the endless track ;
wherein each cart assembly comprises at least one interaction element configured to interact with the electromagnetic field.
Laumer teaches wherein the actuation assembly 385 can be a linear motor strand that drives an interaction element on the cart assembly via an electromagnetic field (pg. 8 second par. from the bottom: The directly driven outer transport element 350 further has a reaction element 355, which can be driven and / or controlled via alternating magnetic fields of a linear motor strand 385 arranged in the outer space, wherein 385 is composed of a plurality of electromagnetic coils arranged along the outer rail (pg. 5 par. 4: For this purpose, either the corresponding section of the outer transport path, with indirect drive of the inner transport element, equipped with a plurality of electrical windings in the form of individually controllable electromagnet).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuation assembly of Lucani modified by Laumer to be composed of a plurality of electromagnetic coils that drive corresponding magnetic interaction elements on each first sliding element, as taught by Laumer, in order to implement an actuation assembly for moving objects along a transport path.
Regarding claim 6, Lucani modified by Laumer teaches the sterilization apparatus according to claim 1, as set forth above, and teaches wherein the number and/or the advancement speeds of the cart assemblies advancing, in use, along the endless track is a function of processing conditions of a treatment machine within which the conveying device is integrated and/or to which the conveying device is connected and/or to which the conveying device feeds, in use, the receptacle closures (pg. 5 par. 4: By individually controlling the current through individual windings, the transport element can also be accelerated, decelerated or moved at a constant predetermined speed; pg. 6 par. 2: The one or more control units can be designed such that they individually control… the transport elements such that the containers or preforms entrained by the inner transport elements pass through the process parameters the process path predetermined path-time profile along the inner transport path to be moved; NOTE: this is a recitation of intended use, and since the device of Lucani modified by Laumer is capable of controlling the speed of the cart assemblies, the speed can be configured based on any process condition of a treatment machine that the device can be linked to).
Regarding claim 17, Lucani modified by Laumer teaches the sterilization apparatus according to claim 4, as set forth above, and teaches wherein the number and/or the advancement speeds of the cart assemblies advancing, in use, along the endless track is a function of processing conditions of a treatment machine within which the conveying device is integrated and/or to which the conveying device is connected and/or to which the conveying device feeds, in use, the receptacle closures (pg. 5 par. 4: By individually controlling the current through individual windings, the transport element can also be accelerated, decelerated or moved at a constant predetermined speed; pg. 6 par. 2: The one or more control units can be designed such that they individually control… the transport elements such that the containers or preforms entrained by the inner transport elements pass through the process parameters the process path predetermined path-time profile along the inner transport path to be moved; NOTE: this is a recitation of intended use, and since the device of Lucani modified by Laumer is capable of controlling the speed of the cart assemblies, the speed can be configured based on any process condition of a treatment machine that the device can be linked to).
Regarding claim 19, Lucani teaches A sterilization apparatus for sterilizing receptacle closures (abstract: There is described a sterilization apparatus (1) for sterilizing receptacle closures (2)),
the apparatus comprising a conveying device for advancing receptacle closures along an advancement path, the conveying device comprising:
- at least one guide track defining and/or delimiting the advancement path (Fig. 7: guide rail 22);
and - an advancement unit adapted to advance the receptacle closures along the advancement path; wherein the advancement unit comprises:
- a track (Fig. 7: belt 60a);
- a cart assembly moveably coupled to the endless track and configured to interact with one or more receptacle closures coupled to the guide track (Fig. 7: interaction assembly 55);
- an actuation assembly configured to control advancement of the cart assemblies along the endless track for advancing the receptacle closures along the advancement path (Fig. 2: actuation assembly 59);
wherein each cart assembly comprises a cart moveably coupled to the endless track (Fig. 7: slide member 57)
and at least an engagement element coupled to the respective cart and configured to engage with the one or more receptacle closures for advancing the one or more receptacle closures along the advancement path (Fig. 7: interaction element 58);
the apparatus further comprising an isolation chamber housing at least a portion of the guide track and comprising at least a sterilization zone within which the receptacle closures advancing along a sterilization portion of the advancement path are, in use, sterilized (Fig. 1: injection zone 35 of treatment chamber 4),
- wherein the apparatus comprises a sterilization unit configured to sterilize the receptacle closures during advancement of the receptacle closures along the sterilization portion; wherein the respective engagement element of each cart assembly is arranged within the isolation chamber at least during advancement of the respective receptacle closures within the sterilization zone (pg. 4 par. 13: Each injection device 32 is configured to inject the sterilization agent, preferably hydrogen peroxide, or peracetic acid, in particular in heated and vaporized form into treatment chamber 4, in particular towards the respective guide rail 22; Fig. 9: injection tube 33 which are part of injection device 32; pg. 7 par. 3: Furthermore, the sterilization agent is supplied to one or more guide rails 22 neighbored to the active guide rail 22, preferably to the respective first end portions 33a);
wherein the guide track is configured to support and/or guide the receptacle closures during advancement along the advancement path (pg. 3 par. 14: More specifically, each guide rail 22 is adapted to receive, carry and guide receptacle closures 2);
each engagement element is configured to engage with a group of receptacle closures successively arranged on the guide track; each engagement element is configured to contact at least the receptacle closure of the group of receptacle closures , which is arranged upstream from the others along the advancement path , so as to apply a pushing force on the group of receptacle closures upon advancement of the respective cart for advancing the group of receptacle closures along the advancement path (Fig. 7: interaction element 58 behind closure 2; pg. 6 par. 14: an interaction element 58 fixed to said slide member 57 and apt to contact the receptacle closures 2 and to move the receptacle closures 2 to outlet station 6 during movement of the respective interaction assembly 55 towards outlet station 6 itself)
but does not teach wherein the track is endless, and wherein there is a plurality of cart assemblies,
wherein: the endless track is arranged outside of the isolation chamber;
the actuation assembly is configured to control each cart assembly independently from the others;
each cart assembly comprises:-
a first interaction member coupled to the respective cart; and- a second interaction member coupled to the respective engagement element;
each first interaction member and the respective second interaction member are configured to interact with one another by means of magnetic and/or electromagnetic interaction so as to transfer a movement of the respective cart to the respective engagement element;
and wherein at least a portion of each engagement element remains at least partially extending within the guide track when the cart assembly is moveably coupled to the endless track.
Laumer teaches an apparatus for treating continuously moving receptacles (Fig. 1; abstract: The invention relates to a device for treating and/or producing containers, comprising a clean room and a transporting apparatus for transporting containers and/or preforms along a process route arranged within the clean room). Laumer teaches a mechanism for moving the receptacles along that is located outside of the treatment chamber, which is advantageous because the mechanism can then be cleaned and maintained independent of the treatment chamber so that the sterility of the treatment chamber is maintained (abstract: wherein the clean room has a wall element that separates the clean room from an outer room, and wherein the transporting apparatus has a drive system, which is arranged outside of the clean room and is designed to move an inner element movably arranged within the clean room; pg. 1 par. 6: However, mechanically moving parts and their associated drive elements, whether for transport or for forming or for handling the containers, generally have to be lubricated, cleaned and maintained. For cleaning, lubrication and maintenance, however, the clean room conditions in the insulator must be violated, which increases the risk of microbial contamination. In addition, production must be interrupted at regular intervals, which reduces the productivity of the entire system; pg. 3 par. 3: Since in the described device no mechanical contact for moving the inner element is required, the clean room can be hermetically sealed against the outer space at least in the region of the wall element. In addition, lubrication, cleaning or maintenance of the drive system can take place without intervention in the clean room, whereby unintentional microbial contamination of the clean room can be avoided).
In addition, Laumer’s design has the advantage of being able to control a path-time profile of the items being treated so that the treatment time can be controlled, using a rotary encoder on the motor of the belt drive and a control unit configured to control the drive system (pg. 5 par. 2: A belt or belt drive can thereby move the outer transport element by means of a control and / or regulating device of the transport device with a predetermined path-time profile along the outer guide element. The path-time profile is given here, and also when using a linear motor drive, depending on process parameters, such as a desired throughput or a treatment time of the respective treatment units. When using a belt or belt drive, the exact position of the outer transport element can be determined via a rotary encoder on a motor of the belt or belt drive. Alternatively, a linear displacement measuring system can be used, in which, in particular, sensors arranged along the outer guide element determine the position of the outer transport element).
In order to implement a drive system outside of the treatment chamber, Laumer teaches an endless track … wherein: the endless track is arranged outside of the isolation chamber ;
(Fig. 3: outer guide rail 215; pg. 4 par. 4: Alternatively, the inner guide element and / or the outer guide element may comprise at least one return path for returning the respective transport element, which is in particular also arranged along the wall element. Such a return path can be formed as part of a closed transport path);
each cart assembly comprises:-
a first interaction member coupled to the respective cart (Fig. 3: magnet 370 attached to outer transport element 350); and- a second interaction member coupled to the respective engagement element (Fig. 3: magnet 370 attached to inner transport element 340 which has engagement element 380);
each first interaction member and the respective second interaction member are configured to interact with one another by means of magnetic and/or electromagnetic interaction so as to transfer a movement of the respective cart to the respective engagement element (pg. 8 par. 9: FIG. 3 illustrates a plan view of a particular embodiment of the drive system according to the present invention wherein the inner transport member 340 is indirectly driven by moving the outer transport member 350. In this case, the inner transport element 340 is coupled to the outer transport element 350 via permanent magnets or electromagnets 370 through the wall element 225. The magnets 370 are arranged such that always complementary poles on both sides of the wall member 225 are opposite (see hatching)). The actuator for this drive system is member 385 (pg. 8, second par. from bottom: The directly driven outer transport element 350 further has a reaction element 355, which can be driven and / or controlled via alternating magnetic fields of a linear motor strand 385 arranged in the outer space. Alternatively, the outer transport element 350 has a contact surface 355, which is in engagement with a belt or belt drive 385 arranged in the outer space).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive system for the interaction assembly 55 of Lucani to instead comprise an outer rail located outside of the treatment chamber on which there is a first sliding element with a first magnet,
wherein the outer rail with the first sliding element is a belt drive driven by a motor,
an inner rail located inside the treatment chamber on which there is a second sliding element with a second magnet configured to interact with the first magnet in such a way that the first sliding element moves the second sliding element,
wherein the interaction element 58 of Lucani is attached to the second sliding element for pushing receptacle closures from behind,
wherein the first sliding element is driven by an actuator assembly to move along the outer rail,
a control/regulating device configured to move the first sliding element on the outer rail as part of the belt drive such that a path-time profile can be controlled,
and a rotary encoder on the motor of the belt drive
as taught by Laumer, in order to implement a drive system that can be maintained and cleaned without disturbing the sterility of the treatment chamber and to control a treatment time of the receptacle closures.
Fig. 7 of Lucani shows that the interaction element 58 is disposed at least partially disposed within the guide track 22. Thus, whenever the interaction assembly 55 of Lucani modified by Laumer is coupled to the endless track as a result of the Laumer modification in order to move the receptacle closures, at least a portion of the second sliding element would partially extend into the guide rail and engage with the receptacle closures, reading on a configuration in which
and wherein at least a portion of each engagement element remains at least partially extending within the guide track when the cart assembly is moveably coupled to the endless track.
Regarding claim 20, Lucani modified by Laumer teaches the sterilization apparatus according to claim 19, as set forth above, and teaches wherein each engagement element causes interference and engagement with the one or more receptacle closures so as to permit the advancement of the one or more receptacle closures along the advancement path (see Laumer modification in claim 19 rejection).
Claims 5, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lucani modified by Laumer in view of Perl (EP 2500296 A1, provided in Applicant’s IDS).
Regarding claim 5, Lucani modified by Laumer teaches the sterilization apparatus according to claim 1, as set forth above, but does not teach wherein the conveying device comprises a parking track connected to the endless track and adapted to store one or more cart assemblies; and
wherein the parking track is configured to allow the addition or removal of cart assemblies from the endless track, in particular in dependence of processing conditions of a treatment machine within which the conveying device is integrated and/or to which the conveying device is connected and/or to which the conveying device feeds, in use, the receptacle closures.
Perl teaches a device for continuously conveying articles that uses cart assemblies/scheduler elements to push the articles (abstract: The device (10) has a transport device (16) that transports articles (12,14) via a transport path (20). The transport device is moved transversely in the transport direction (TR) during the feed stream (18) of articles. The movable scheduler elements are attached to lower bar (44) of classifier (25) and adjusted so as to adjust the formation of gaps (32) between successive articles; Fig. 1: 24, 28 are used to act on articles moving along a transport path). Perl teaches wherein the scheduler elements are driven by an electromagnetic linear motor, similar to that taught by Laumer (pg. 2 par. 7: According to a preferred embodiment of the invention, the movement paths of the one-piece elements or one-piece devices are each provided with magnetic or electromagnetic drives. Thus, the trajectories can be formed in particular as long stators of linear motor sections). Perl teaches a parking track connected to its endless track adapted to store one or more cart assemblies and add/remove cart assemblies (pg. 7 last par.: Optionally, the dividing means 25, designated by the reference numeral 25d, may be brought into a lower branch sector D of the trajectory 26 and collected there and dammed up. In this branch sector D, one or more one-piece devices 25d can be "parked" and, if necessary, fed to the movement path (A, B, C). The shutdown of the dividing devices 25d in the sector D is easily possible with the aid of the gearless direct drives of the dividing devices 25, since these can be conveyed in the reverse direction in the sector D if necessary or can be moved out of the sector D in the normal drive direction again). Since the device of Perl allows adding or removing carts in the parking sector, a user can add or remove carts depending on the process conditions of a potential connected treatment machine. The parking track allows for the modification of the individual cart assemblies (pg. 7 second par. from bottom: Since with such a width and distance adjustment of the container transport tracks 45 and the distances of the divider elements 24 and the one-piece fingers must be adjusted from each other in a suitable manner, it can be provided that the Einteileinrichtungen 25a, 25b, 25c are prepared for a corresponding adjustability; pg. 8 par. 1: Thus, not only the parking sector C for the one-piece devices 25c, but if necessary or optionally the parking sector D for the one-part devices 25d their respective Einteilfinger 28 reliably from the collision area with the transport path 20, so that, for example, a width adjustment of the transport tracks 45 allows as already stated by the Fig. 7 has been described).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the endless track of Lucani modified by Laumer to have a parking track connected to it, adapted to add/remove/store one or more cart assemblies to the endless track, as taught by Perl, in order to allow modification of the individual cart assemblies.
Regarding claim 16, Lucani modified by Laumer and Perl teaches the sterilization apparatus according to claim 4, as set forth above, and teaches wherein the conveying device comprises a parking track connected to the endless track and adapted to store one or more cart assemblies; and
wherein the parking track is configured to allow the addition or removal of cart assemblies from the endless track, in particular in dependence of processing conditions of a treatment machine within which the conveying device is integrated and/or to which the conveying device is connected and/or to which the conveying device feeds, in use, the receptacle closures (see Perl modification in claim 5 rejection).
Regarding claim 18, Lucani modified by Laumer and Perl teaches the sterilization apparatus according to claim 5, as set forth above, and teaches wherein the number and/or the advancement speeds of the cart assemblies advancing, in use, along the endless track is a function of processing conditions of a treatment machine within which the conveying device is integrated and/or to which the conveying device is connected and/or to which the conveying device feeds, in use, the receptacle closures (pg. 5 par. 4: By individually controlling the current through individual windings, the transport element can also be accelerated, decelerated or moved at a constant predetermined speed; pg. 6 par. 2: The one or more control units can be designed such that they individually control… the transport elements such that the containers or preforms entrained by the inner transport elements pass through the process parameters the process path predetermined path-time profile along the inner transport path to be moved; NOTE: this is a recitation of intended use, and since the device of Lucani modified by Laumer is capable of controlling the speed of the cart assemblies, the speed can be configured based on any process condition of a treatment machine that the device can be linked to).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth A. Robinson can be reached on (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.C./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796
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