DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 13, 2022 and February 16, 2023 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-17 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "beverage at least one" in line 10. There recitation appears to be unclear and confusing.
Claim 11 recites the limitation "the top seam" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 1 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102011051926A1.
As to claim 1, DE 102011051926A1 discloses a gripper (36), as illustrated in Figures 1-7, comprising at least one gripping device (24) used to grip a particular beverage can (14) from underneath a top seam (46), in a form-fitting manner, in a region of a top seam, of the particular beverage can, and at least one centering device (52), wherein the at least one centering device moves the particular beverage can into a defined alignment, where the at least one gripping device is capable of gripping the particular beverage can from underneath the top seam in a form-fitting manner in the region of the top seam of the beverage can (tongs 56 move in the direction of the longitudinal axis 60 (see. 2a ) of the grasping tulip 26 until this attaches to the support ring 46 or to the bottleneck 42 of the beverage container 14 – see page 6 of DE102011051926A1 English Translation and Figure 5a).
As to claim 10, DE 102011051926A1 discloses a gripper head (10) for a plurality of beverage cans (14), as illustrated in Figures 1-7, comprising at least two grippers (24), wherein each of the at least two grippers grips a single beverage can from a plurality of beverage cans, and comprises at least one centering device (52) comes into surface contact with an outer body surface (42,46) in at least one defined region of a particular beverage can in at least one defined region is offset along the circumference of the particular beverage can relative to at least one contact region a beverage can with a contiguous to at least one other beverage can.
As to claim 11, DE 102011051926A1 discloses a method used to receive at least one beverage can (14) by at least one gripper (36), as illustrated in Figures 1-7, comprising aligning at least one beverage can with at least one centering device (52), which is part of the at least one gripper, and gripping, with at least one gripping device, which is a part of the at least one gripper, a particular beverage can from underneath a top seam (46) in a form-fitting manner in the region of a top seam, of the particular beverage can.
Allowable Subject Matter
Claims 2-9 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12-17 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Curhan’838, Andrade, Curhan’792, Chisholm, and Brechling are cited as being relevant art, because each prior art discloses a gripper comprising a centering device for gripping a bottle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 8:00 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN VU
Primary Examiner
Art Unit 3651
/STEPHEN A VU/ Primary Examiner, Art Unit 3651