Prosecution Insights
Last updated: April 19, 2026
Application No. 18/039,643

TRANSPORT DEVICE IN THE FORM OF A LONG-STATOR LINEAR MOTOR

Non-Final OA §103§112
Filed
May 31, 2023
Examiner
SECK, AHMED F
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
B&R Industrial Automation GmbH
OA Round
2 (Non-Final)
67%
Grant Probability
Favorable
2-3
OA Rounds
3y 1m
To Grant
84%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
63 granted / 94 resolved
-1.0% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
36 currently pending
Career history
130
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
19.6%
-20.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 94 resolved cases

Office Action

§103 §112
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 . Specification The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use. Arrangement of the Specification As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading: (a) TITLE OF THE INVENTION. (b) CROSS-REFERENCE TO RELATED APPLICATIONS. (c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT. (d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. (e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM. (f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. (g) BACKGROUND OF THE INVENTION. (1) Field of the Invention. (2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98. (h) BRIEF SUMMARY OF THE INVENTION. (i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S). (j) DETAILED DESCRIPTION OF THE INVENTION. (k) CLAIM OR CLAIMS (commencing on a separate sheet). (l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet). (m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system. 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 1-7 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 1 recites the limitation “the specified transport device (1) configuration” in line 3 on page 3. There is insufficient antecedent basis for this limitation in the claim. The claim previously defines “specifying an initial transport device (1) configuration” however it is unclear if the identified term is referencing the initial transport device (1) configuration or a subsequent configuration. Furthermore, claim 1 recites “the last available transport device (1) configuration” which also lacks antecedent basis. It is not clear what this is. No “available transport device (1) configurations” are defined let alone a “last” one. Additionally, claim 1 also recites “the electrical control variables of the drive coils” in line 14. There has been no previous mention of drive coils comprising electrical control variables. Lastly, claim 1 recites “a plurality of transport units which are moved simultaneously along the stator during operation, a transport unit being used to convey a product” in lines 3-4. Applicant introduces a plurality of transport units that are said to move simultaneously along the stator during operation, and then an additional transport unit used to convey a product. It is unclear whether the additional transport unit is one of the plurality of transport units or an alternative transport unit structure. If so, using the term “transport unit” to refer to both a structure that moves along the stator and a structure that conveys a product is confusing.. Appropriate correction is required. Claim 3 recites the limitation “the current transport device (1) configuration” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. No current transport device (1) configurations have been defined. Appropriate correction is required. Claim Rejections - 35 USC § 103 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. Claim(s) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Huber in view of Achterberg (US 20150008768 A1). Claim 1 Huber teaches: A method for starting-up a transport device (1) in the form of a long-stator linear motor (para. 0026) having a plurality of drive coils (4) which are arranged on a stator and a plurality of transport units (TE) which are moved simultaneously along the stator during operation, using specified rules for the movements (specified rules for controlling position, speed, and acceleration, para. 0004) of the transport units (TE) during the operation of the transport device (1), movement profiles (movement profiles including distance-time profile or a speed-time profile, para. 0029) of the movements of the transport units (TE) along the stator, the method comprising: a) specifying an initial transport device (1) configuration of the transport device (1), having a specified mechanical configuration (including geometry of transport path 2 and centrifugal forces, para. 0007) of the transport device (1) and/or a specified thermal configuration of the transport device (1) and/or a specified electrical configuration (applied coil voltage in drive coils 4 to generate coil current, para. 0026) of the transport device (1); b) specifying a description of the movements (in hardware and/or software of controller unit 8, para. 0028) of the transport units (TE) for implementing the product flow via the transport device (1), the description of the movements (predetermined movement profiles, para. 0028) of the transport units (TE) including a time course (in each time step of the control, from which the controller calculates corresponding manipulated variables, such as a coil current or a coil voltage of the drive coils 4 involved in the movement, para. 0028) of the electrical control variables (coil current and voltage, para. 0028) of the drive coils (4), or a time course (path-time profile, para. 0014) of the electrical control variables of the drive coils (4) being determined from the description of the movements of the transport units (TE); d) changing at least one of the mechanical, thermal and/or electrical configuration (applied coil voltage in drive coils 4 to generate coil current, para. 0026) provided in the transport device (1) configuration if the thermal state or the electrical state (state of electrical configuration) or the mechanical state (state of mechanical configuration) cannot be implemented due to the specified transport device (1) configuration; and c) using the time course (time step, para. 0028) of the electrical control variables (manipulated variables such as coil current or voltage, para. 0028) of the drive coils (4) in a checking unit (8) in order to determine a thermal state of at least one part of the transport device and to check whether the thermal state of this at least one part of the transport device can be implemented by the current thermal configuration, and/or in order to determine an electrical state (via sensors, para. 0028) of at least one part of the transport device (1) and to check (via sensors, para. 0028) whether the electrical state of this at least one part of the transport device can be implemented by the current electrical configuration, and/or in order to determine a mechanical state of at least one transport unit of the transport device and to check whether the mechanical state of this at least one transport unit can be implemented by the current mechanical configuration e) carrying out the operation of the transport device (1) with the last available transport device (1) configuration. PNG media_image1.png 710 568 media_image1.png Greyscale Huber discloses briefly a long stator linear motor optimized for product flow along a transport path (para. 0003) but is does not to explicitly state: the transport unit being used to convey a product , and a specified product flow being produced by the transport device. Huber does disclose the intrinsic conveying nature of long stator linear motors and that they can be used for conveying carriages or goods along the transport device (para. 0006). Thus, it would have been obvious to a person of ordinary skill in the art of the claimed invention to have recognized Huber’s transport unit as being capable of being used to convey a product, and a specified product flow being produced from it as a result of its conveying. Using transport units (like a conveyor) for specified product flow boosts efficiency, cuts costs, and improves safety by automating movement labor, minimizing errors/damage, optimizing space, and allowing real-time quality checks, leading to improved flexible production. Huber however is silent to teaching: using the time course of the electrical control variables in a checking unit in order to determine a thermal state of at least one part of the transport device and to check whether the thermal state of this at least one part of the transport device can be implemented by the current thermal configuration, and/or in order to determine a mechanical state of at least one transport unit of the transport device and to check whether the mechanical state of this at least one transport unit can be implemented by the current mechanical configuration As for the thermal state, a control unit can be optimized in order to determine a thermal state of the transport device through the implementation of a thermal-type sensor. For example, Achterberg teaches a long linear stator motor similar to that of Huber, wherein a transport system 801 comprises of a controller that monitors operating variables including current or temperature or operating voltage. This controller may be coupled with a plethora of sensors to measure current or temperature. More specifically, a temperature sensor is used to measure the temperature of the device (para. 0134). It would have been obvious to a person of ordinary skill in the art of the claimed invention to have used the time course of the electrical control variables checking unit in order to determine a thermal state of at least one part of the transport device and to check whether the thermal state of this at least one part of the transport device can be implemented by the current thermal configuration. Implementing a temperature sensor for example would be advantageous in order for the control unit to provide feedback of the temperature that the system is operating in so that necessary measures can be taken in order for the device to operate efficiently under regulated conditions. Claim 2/1 Huber as modified by Achterberg teaches: The method according to claim 1, wherein the time course (path-time profile, para. 0014) of the electrical control variables of the drive coils (4) is specified by simulating (planning of the movement pattern, para. 0007) the movements of the transport units (TE) for producing the product flow and, in the process, determining the electrical control variables (current/voltage) of the drive coils (4) required to implement the movements. Claim 3/1 Huber teaches: the method according to claim 1, wherein at least steps c) and d) are repeated (during planning steps of movement patters, para. 0007-0012) until the product flow can be implemented with the current transport device (1) configuration. Claim 4/3/1 Huber teaches: The method according to claim 3, wherein b) is also repeated (process of repetition may occur during planning steps of movement patters, para. 0007-0012). Allowable Subject Matter Claims 5 and 6 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. Claim 5/1 Claim 5 is allowed. The following is a statement of reasons for the indication of allowable subject matter: As for claim 1, Huber teaches the method (method, Abstract) according to claim 1. The prior art fails to teach or fairly suggest, alone or in obvious combination, inter alia: wherein the thermal configuration includes a specification for a cooling of the stator and, in order to check the thermal configuration, heating of at least one part of the stator or of at least one drive coil is determined on the basis of the specified time course of the electrical control variables of the drive coils of this part of the stator or of the at least one drive coil, and it is checked whether the cooling of the stator provided in the thermal configuration is sufficient to keep the heating of this part of the stator or of the at least one drive coil below a permissible level of heating. Claim 6/1 Claim 6 is allowed. The following is a statement of reasons for the indication of allowable subject matter: As for claim 1, Huber teaches the method (method, Abstract) according to claim 1. The prior art fails to teach or fairly suggest, alone or in obvious combination, inter alia: The method according to claim 1, wherein the electrical configuration includes a specification for electrical feed sources for supplying electric power to the drive coils and/or a configuration of power electronics for generating electrical control variables of the drive coils , and in order to check the electrical configuration a required electrical feed power is determined on the basis of the specified time course of the electrical control variables of the drive coils , and it is checked whether the electrical feed sources provided in the electrical configuration are sufficient to supply electrical power to the drive coils , and/or an electrical variable of a part or of a component of the power electronics occurring due to the specified time course of the electrical control variables of the drive coils is determined, and it is checked whether the electrical variable can be produced by the electrical configuration of the power electronics. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED F SECK whose telephone number is (571)272-4638. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm. 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, Christopher Koehler can be reached at (571) 272-3560. 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. /AHMED F SECK/ Examiner, Art Unit 2834 /MAGED M ALMAWRI/Primary Patent Examiner, Art Unit 2834
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Prosecution Timeline

May 31, 2023
Application Filed
May 26, 2025
Non-Final Rejection — §103, §112
Aug 27, 2025
Response Filed
Jan 31, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
67%
Grant Probability
84%
With Interview (+16.9%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 94 resolved cases by this examiner. Grant probability derived from career allow rate.

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