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 .
Response to Amendments
Receipt of Applicant’s Amendment filed on 30 January 2026 is acknowledged and entered.
By this Amendment, the Applicant amended Claim 25. Claims 25 and 47 remain pending in the application.
For clarity to the record, Examiner notes that, during prior prosecution of the application, Applicant canceled Claims 1-24 and 33 and withdrew Claims 26-32 and 34-46.
Response to Arguments
Claim Rejections, 35 USC 112(b): In light of the amended Claims 25, the rejections of Claims 25 and 47 under 35 USC 112(b) is withdrawn. However, new grounds of rejection are made as explained below in the section titled "Claims Rejections, 35 USC 112".
Applicant’s arguments, see pages 7-9, filed 30 January 2026, with respect to the previous rejection(s) of claim(s) 25 and 47 under 35 USC § 102(a)(1) and 35 USC 103 have been fully considered in light of the amendments made to the claims, and are partially persuasive.
Applicant argues that, in the reliance of Kawano et al. (US 5,363,867) to teach the aspects of Claim 25, the Examiner relied on separate components of the invention of Kawano, namely:
- FIG. 15, which teaches an automatic article delivery unit of the wafer storage unit of FIG. 14. Here, Examiner relied upon Fig. 15 to teach "a pot-shaped hollow body" of Applicant's Claim 25, comprising a base wall, side wall, an opening disposed opposite the base wall and proximate a marginal surface.
- FIG. 21, which teaches a container cleaning station. Here, Examiner relied upon Fig. 21 to teach "a device for cleaning a pot-shaped hollow body" comprising a cleaning device, and a first drainage channel, "wherein the first end of the first drainage channel is only in fluid communication with the passage opening and by which the first cleaning fluid dispensed by the cleaning device can be drained".
Applicant (successfully) argues that a) Figs. 15 and 21 depict two distinct, separate components of the Kuwano reference, and that b) in the previous Office Action, Examiner mixed the sub-components of Figs. 15 and 21 to teach the remaining limitations of Applicant's Claim 25, drawn to the " device for cleaning a pot-shaped hollow body", and not the hollow body itself.
Specifically, Kuwano's container cleaning station at Fig. 21 does not teach
- "a support wall (Fig. 15, annular plate 61) on which the marginal surface (41B) of the hollow body can be placed (annular plate/storage table 61 is introduced at Col 13, lines 35-49)",
- "a passage opening (Fig. 15, port 62, see at least Col 14, line 1-13) and that is formed by the support wall and that is arranged radially inwardly from the locking device (Fig. 15 shows port 62 as situated between flanges 41B; therefore port 62 is also “radially inward” from the locking device cam shown at Fig. 7)", or
- "a first channel (Fig. 15, 61A) is arranged in the support wall (61) by which a flushing fluid (nitrogen) can be conducted to the marginal surface (Per Fig. 15, nitrogen flows into port 62, which is in clear communication with marginal surface 41B). See Kawano et al.’s teachings at Col 14, lines 1-21)".
Examiner agrees with Applicant's argument, and further notes that a) Kuwano cannot be used to reject Claim 25 under 35 USC 102(a)(1), and b) it would amount to improper hindsight to further modify the cleaning station at Fig. 21 of Kuwano to include the structure necessary for the locking device (Kuwano explicitly teaches this component at Fig. 7 for use with the automatic article delivery unit at Fig. 15), and the related support wall, passage opening, and first channel of the separate structure found at Fig. 15. Examiner concludes that there would be no motivation in Kuwano to do so, and doing so would likely "break" the operations of the cleaning station at Kuwano, Fig. 21, as well as the " simplified container cleaning unit" shown at Kuwano, Fig. 22, which employs a different "hollow body".
However, Applicant's present amendment to Claim 25 inadvertently introduces new matter. Specifically, the preamble of the claim is amended to focus on the device, and not the hollow body. Therefore, as amended, Claim 25 now reads, in part:
25. (Currently Amended) A device for cleaning a pot-shaped hollow body, the device comprising:
a base wall and a side wall that forms an inner hollow body surface;
an opening that is disposed opposite the base wall and that is proximate a marginal surface of the side wall….
Here, it is clear that the two limitation clauses above (e.g., a base wall, side wall, an opening, and a marginal surface), previously attributable to "the hollow body", is now attributable to "the device" for cleaning said hollow body. It is also clear from Applicant's disclosure that the cleaning device 10 does not have these features, as they are explicitly included as components of " pot-shaped hollow bodies 12".
Examiner acknowledges that the remaining structure of Claim 25 is attributable to the cleaning device 10, however, correction to the claim is required to overcome the resultant new matter within and the indefinite scope of the claim, as shown below in the subsequent rejection sections.
Applicant is further advised that, as written, it is currently unknown if Applicant intends to claim:
a) a device comprising a " pot-shaped hollow body" and a device for cleaning said pot-shaped hollow body,
b) only a device for cleaning a (generic) pot-shaped hollow body,
c) only a device for cleaning a specific pot-shaped hollow body with a base wall, side wall, an opening, and a marginal surface, or
d) some other apparatus and/or configuration.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 25, as shown above (see section titled, "Response to Arguments"), Applicant's amendments places limitations previously attributed to "the pot-shaped hollow body" of the claimed invention to "the cleaning device". The amendment (e.g., "…the device comprising: a base wall and a side wall that forms an inner hollow body surface; an opening that is disposed opposite the base wall and that is proximate a marginal surface of the side wall…") is not supported in Applicant's disclosure, and is therefore considered new matter. Correction is required.
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 25 and 47 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.
Regarding Claims 25 and 47, Claim 25 is indefinite for the reasons described above. Claim 47 depends upon Claim 25, and therefore suffers the same deficiencies.
Allowable Subject Matter
Examiner reserves final comment on the patentability of at least Claims 25 and 47 pending the resolution of the issues and rejections identified above with respect to Claim 25.
However, Examiner notes that following concept is supported by Applicant's disclosure, and appears to be novel over the prior art:
"A device for cleaning a pot-shaped hollow body,
the hollow body comprising: a base wall and a side wall that forms an inner hollow body surface, said side wall further forming a marginal surface, the hollow body further comprising an opening that is disposed opposite the base wall and that is proximate the marginal surface
the device further comprising:
a support wall on which the marginal surface of the hollow body can be placed;
a locking device configured to sealingly and releasably connect the marginal surface of the hollow body to the support wall;
a passage opening that is formed by the support wall and that is arranged radially inwardly from the locking device;
a cleaning device by which a first cleaning fluid for cleaning the inner hollow body surface can be dispensed when the hollow body is connected to the support wall; and
a first drainage channel having a first end,
wherein the first end of the first drainage channel is only in fluid communication with the passage opening and by which the first cleaning fluid dispensed by the cleaning device can be drained,
wherein a first channel is arranged in the support wall by which a flushing fluid can be conducted to the marginal surface."
Kuwano et al. (US 5,363,867) is the closest prior art of record. However, the Kuwano reference is silent on these above recited features. Furthermore, it would not have been obvious to modify the Kuwano reference to arrive at these above recited features without improper hindsight reasoning. In addition, amending the Kuwano reference to include the above recited features would improperly change the principle of operation of the Kuwano reference.
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 CHRISTOPHER M AFFUL whose telephone number is (571)272-8421. The examiner can normally be reached Monday - Thursday: 7:30 AM - 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 5712723607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M AFFUL/Primary Examiner, Art Unit 3753
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