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.
Claims 11-13, 15-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neter et al. (US 2006/0121153 A1, hereinafter Neter).
Regarding Claim 11, Neter teaches in the Figures a device for the cooling and extraction of preforms for the manufacture of plastic containers, the device comprising:
at least one grip assembly which forms a plurality of receptacles 108 for respective preforms 109 and means 13 for transferring the preforms that are still warm from an injection molding device to said grip assembly (per [0038]),
comprising a cooling and extraction assembly which comprises a cooling plate 100 arranged to face said grip assembly (as seen in Figure 1) and configured to move on command between a position that is closer to said grip assembly and a position that is spaced from said grip assembly (“transfer device 14 moves the plate 100 and its grippers 111 so as to grasp one third or 32 of the parts 109 held in the carriers 108” per [0040]),
said cooling plate supporting a plurality of cooling channels 98 which are designed, with said cooling plate in said closer position, to lead into a respective preform accommodated in a respective receptacle in order to convey a jet of air inside said preform so as to increase a cooling rate of aid preform (per [0049]),
said cooling and extraction assembly comprising an unloading plate 52 which is arranged on an opposite side of said grip assembly with respect to said cooling plate (as shown in Figure 5b), and supports a plurality of grip bodies 96 configured to be moved on command in order to pass through said cooling plate so as to engage selectively, with said cooling plate in the closer position, with a respective preform in order to allow extraction of said respective preform from the respective receptacle (per [0051]-[0054]);
said cooling plate is provided with crossing openings for said grip bodies during a step of engagement with the respective preforms and in a step of extraction of said preforms, said crossing openings comprise a plurality of slits with a substantially vertical extension (the openings as seen in Figure 5b can broadly be considered crossing openings comprising a plurality of slits with a substantially vertical extension, based on the vertical extension accommodating pneumatic cylinders 54).
Regarding Claim 12, said grip assembly comprises a grip plate which supports said plurality of receptacles for respective preforms (as seen in Figure 1).
Regarding Claim 13, said receptacles are arranged in a grid on a plane of arrangement (as implied by Figure 5A).
Regarding Claim 15, said cooling plate is arranged substantially parallel to the plane of arrangement of said receptacles, said cooling plate being movable between said spaced position and said closer position along a movement direction that is substantially perpendicular to the plane of arrangement (as is described above, and is further seen in the arrangements in Figure 2).
Regarding Claim 16, said unloading plate is configured to move between a disengagement position, in which said grip bodies are arranged on an opposite side of said grip assembly with respect to said cooling plate, and an engagement position, in which said grip bodies are at least partially arranged on a same side of said grip assembly with respect to said cooling plate in order to allow engagement of said grip bodies with a respective preform (as per the motion described in [0051]-[0053] and can be seen in the two positions in Figures 6a and 6b).
Regarding Claims 18 and 19, said unloading plate is configured to move, in said disengagement position, between a condition for retaining the respective preforms and a position for unloading the respective preforms and wherein said grip bodies comprise a retention device for a respective preform configured to be actuated on command in order to pass between an active condition, in which the retention device allows the locking of the respective preform, and an inactive condition, in which the retention device allows coupling and uncoupling with the respective preform (per [0054] disclosing open and closed positions of the grippers 96).
Regarding Claim 20, said retention device comprises an engagement head which is associated with actuation means of a mechanical or pneumatic type (per [0050] specifying a pneumatic cylinder that operates engagement head 52).
Response to Arguments
Applicant's arguments filed February 20, 2026 have been fully considered but they are not persuasive.
Applicant relies on FIG. 5A for the first argument, despite the Examiner citing FIG. 5B which clearly shows grip bodies 96 passing through cooling plate 100.
Applicant does consider FIG. 5B for the second argument, but the definition of substantial vertical extension is a broad one. The Examiner maintains that the openings around pneumatic cylinders 54 in FIG. 5B are slits in that they are relatively narrow openings in a larger plate, and that they have substantial vertical extension in that their height is substantial enough to accommodate the cylinders.
For the final argument, In response to applicant's argument that the claimed device provides advantages from the above-cited limitations, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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 RYAN M OCHYLSKI whose telephone number is (571)270-7009. The examiner can normally be reached Monday-Friday 9-6.
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, Galen Hauth can be reached at (571) 270-5516. 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.
/RYAN M OCHYLSKI/Primary Examiner, Art Unit 1743
Prosecution Insights