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 .
Claim Objections
Claim 21 is objected to because of the following informalities: on line 1 “determing” should be –determining--. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 7-12, 17-20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimm (USPGPUB 2014/0298100) and further in view of Senn et al. (USPGPUB 2016/0207717).
Regarding claim 1, Grimm discloses a container handling system, comprising:
a first rotary machine (2) comprising a plurality of transport elements for transporting one container (10) each along a first conveying path (see Figure 1);
a second rotary machine (4) comprising a plurality of transport elements for transporting one container (10) each along a second conveying path (see Figure 1), where said second conveying path is arranged downstream of said first conveying path (see Figure 1);
a memory device (16); and
a control device (20);
where said control device during transport of a container through said container handling system is configured
to determine that a first transport element transports said container in said first rotary machine (2) and to store an identifier (RK1) in said memory device (see paragraph [0086]);
to determine that a second transport element transports said container in said second rotary machine (4) and to store an identifier (RK2) in said memory device (see paragraph [0086]);
to ascertain whether an error is occurring during transport of said container through said container handling system (see paragraph [0049]); and
to retrieve at least one stored identifier from said memory device if it is ascertained that the error has occurred during transport of said container (see paragraph [0026]).
However, Grimm does not disclose where said control device during transport of a container through said container handling system is configured
to determine that a first transport element transports said container in said first rotary machine and to store an identifier assigned to said first transport element in said memory device;
to determine that a second transport element transports said container in said second rotary machine and to store an identifier assigned to said second transport element in said memory device.
Senn et al. disclose where said control device during transport of a container through said container handling system is configured
to determine that a first transport element transports said container in said first rotary machine and to store an identifier assigned to said first transport element in said memory device (see paragraph [0129]);
to determine that a second transport element transports said container in said second rotary machine and to store an identifier assigned to said second transport element in said memory device (see paragraph [0129]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Grimm by including a system where said control device during transport of a container through said container handling system is configured to determine that a first transport element transports said container in said first rotary machine and to store an identifier assigned to said first transport element in said memory device; to determine that a second transport element transports said container in said second rotary machine and to store an identifier assigned to said second transport element in said memory device, as disclosed by Senn et al., with a reasonable expectation of success for the purpose of providing an identification unit on a transport element (see paragraph [0129]).
Regarding claim 2, Grimm discloses the container handling system according to claim 1, wherein said control device is configured to determine the identifier of said first transport element and of said second transport element based on a position of a drive of said first rotary machine or of said second rotary machine (see paragraph [0078]).
Regarding claim 7, Grimm discloses the container handling system according to claim 1, wherein said control device is configured
to not store the identifier of said second transport element in said memory device as long as said container is disposed on said first conveying path, or
to store a placeholder as the identifier of said second transport element in said memory device as long as said container is disposed on said first conveying path (see paragraph [0013] and/or paragraph [0090]).
Regarding claim 22, Grimm discloses the container handling system according to claim 7, wherein the placeholder stored as the identifier of said second transport element in said memory device is zero (see paragraph [0090] and Figure 4; the zero is the reference value for time determination).
Regarding claim 8, Grimm discloses the container handling system according to claim 1, wherein said control device is configured to increment at least one counter for a number of errors for each rotary machine if it is ascertained that an error has occurred during transport of said container along said conveying path of this rotary machine or of a downstream rotary machine (see paragraphs [0049]-[0050]).
Regarding claim 9, Grimm discloses the container handling system according to claim 8, wherein the at least one counter comprises a counter for a type of error and/or a counter for said first rotary machine and/or a counter for a rotary machine downstream of said first rotary machine, and/or a counter for the identifier of said first transport element, and/or a counter for the identifier of said second transport element (see paragraphs [0049]-[0050]).
Regarding claim 10, Grimm discloses the container handling system according to claim 1, wherein said control device is configured for each rotary machine to link the identifier of at least one transport element of said respective rotary machine to a position of a drive of said respective rotary machine (see paragraph [0078]).
Regarding claim 11, Grimm discloses a method for controlling a container handling system, comprising:
determining (see paragraph [0086]) that a first transport element of a first rotary machine (2) of said container handling system (1) transports a container (10) in said first rotary machine (2) along a first conveying path and storing in a memory device (16) of said container handling system (1) an identifier (RK1);
determining (see paragraph [0086]) that a second transport element of a second rotary machine (2) of said container handling system (1) transports said container (10) in said second rotary machine (2) along a second conveying path and storing in the memory device (16) of said container handling system (1) an identifier (RK1);
ascertaining whether an error is occurring during transport of said container through said container handling system (see paragraph [0049]); and
retrieving at least one stored identifier from said memory device if it is ascertained that the error has occurred during transport of said container (see paragraph [0026]).
However, Grimm does not disclose a method comprising:
storing in a memory device of said container handling system an identifier assigned to said first transport element; and
storing in the memory device of said container handling system an identifier assigned to said second transport element.
Senn et al. disclose a method comprising:
storing in a memory device of said container handling system an identifier assigned to said first transport element (see paragraph [0129]); and
storing in the memory device of said container handling system an identifier assigned to said second transport element (see paragraph [0129]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Grimm by including a method comprising: storing in a memory device of said container handling system an identifier assigned to said first transport element; and storing in the memory device of said container handling system an identifier assigned to said second transport element, as disclosed by Senn et al., with a reasonable expectation of success for the purpose of providing an identification unit on a transport element (see paragraph [0129]).
Regarding claim 12, Grimm discloses the method according to claim 11, further comprising:
determining said identifier of said first transport element and of said second transport element based on a position of a drive of said first rotary machine or of said second rotary machine (see paragraph [0078]).
Regarding claim 17, Grimm discloses the method according to claim 11, further comprising:
not storing the identifier of said second transport element in said memory device as long as said container is disposed on said first conveying path, or
storing a placeholder as the identifier of said second transport element in said memory device as long as said container is disposed in said first conveying path (see paragraph [0013]).
Regarding claim 18, Grimm discloses the method according to claim 11, further comprising:
incrementing at least one counter for a number of errors if it is ascertained that an error has occurred during transport of said container along said conveying path of this rotary machine or of a downstream rotary machine (see paragraphs [0049]-[0050]).
Regarding claim 19, Grimm discloses the method according to claim 18, where the at least one counter comprises a counter for a type of error and/or a counter for said first rotary machine and/or a counter for a rotary machine downstream of said first rotary machine, and/or a counter for the identifier of said first transport element, and/or a counter for the identifier of said second transport element (see paragraphs [0049]-[0050]).
Regarding claim 20, Grimm discloses the method according to one of the claim 11, further comprising:
linking, for each rotary machine, the identifier of at least one transport element of said respective rotary machine to a position of a drive of said respective rotary machine (see paragraph [0078]).
Claim(s) 3-5, 13-15 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimm (USPGPUB 2014/0298100) in view of Senn et al. (USPGPUB 2016/0207717) as applied to claims 1-2, 7-12, 17-20 and 22 above, and further in view of Fiegler (USPGPUB 2006/0207859).
Regarding claim 3, Grimm in view of Senn et al. disclose the container handling system according to claim 1. However, they do not disclose a system wherein said memory device comprises a shift register, and wherein said control device is configured to store the identifier of said first transport element and of said second transport element in said shift register. Fiegler discloses a system wherein said memory device comprises a shift register, and wherein said control device is configured to store the identifier of said first transport element and of said second transport element in said shift register (see paragraph [0029]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Grimm in view of Senn et al. by including a system wherein said memory device comprises a shift register, and wherein said control device is configured to store the identifier of said first transport element and of said second transport element in said shift register, as disclosed by Fiegler, with a reasonable expectation of success for the purpose of tracking the passage of every individual container through the system by using shift registers (see paragraph [0029]).
Regarding claim 4, Grimm in view of Senn et al. and further in view of Fiegler disclose the container handling system according to claim 3. Furthermore, Fiegler discloses a system
wherein said shift register has a predetermined number of memory elements (see paragraph [0029]), and
wherein the predetermined number of memory elements corresponds to a number of transport positions that said container passes through during transport through said container handling system, wherein said container is moved on from one transport position to the next by a transport step (see paragraph [0029]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Grimm in view of Senn et al. by including a system wherein said shift register has a predetermined number of memory elements, and wherein the predetermined number of memory elements corresponds to a number of transport positions that said container passes through during transport through said container handling system, wherein said container is moved on from one transport position to the next by a transport step, as disclosed by Fiegler, with a reasonable expectation of success for the purpose of tracking the passage of every individual container through the system by using shift registers (see paragraph [0029]).
Regarding claim 5, Grimm discloses the container handling system according to claim 4, wherein said control device is configured
to determine a first transport position (see “position value” in paragraph [0078]) at which said container is located at a first point in time (see paragraph [0086]), and
to store the identifier of said first transport element and/or of said second transport element in said memory that corresponds to said first transport position (see paragraph [0078]).
Furthermore, Fiegler discloses a system wherein said memory device comprises a shift register to store the identifier in said memory element (see paragraph [0029]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Grimm in view of Senn et al. by including a system wherein said memory device comprises a shift register to store the identifier in said memory element, as disclosed by Fiegler, with a reasonable expectation of success for the purpose of tracking the passage of every individual container through the system by using shift registers (see paragraph [0029]).
Regarding claim 21, Grimm discloses the container handling system according to claim 5, wherein determining the first position at which said container is located at said first point in time based on a position of a drive of said first rotary machine or of said second rotary machine (see “a rotary speed, a position value” in paragraph [0078]).
Regarding claim 13, Grimm in view of Senn et al. disclose the method according to claim 11. However, they do not disclose a method further comprising:
storing the identifier of said first transport element and of said second transport element in a shift register of said memory device.
Fiegler discloses a method further comprising:
storing the identifier of said first transport element and of said second transport element in a shift register of said memory device (see paragraph [0029]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Grimm in view of Senn et al. by including a method further comprising: storing the identifier of said first transport element and of said second transport element in a shift register of said memory device, as disclosed by Fiegler, with a reasonable expectation of success for the purpose of tracking the passage of every individual container through the system by using shift registers (see paragraph [0029]).
Regarding claim 14, Grimm in view of Senn et al. and further in view of Fiegler disclose the method according to claim 13. Furthermore, Fiegler discloses a method where said shift register has a predetermined number of memory elements, where the predetermined number of memory elements corresponds to a number of transport positions that said container passes through during transport through said container handling system, where said container is moved on from one transport position to the next by a transport step (see paragraph [0029]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Grimm in view of Senn et al. by including a method where said shift register has a predetermined number of memory elements, where the predetermined number of memory elements corresponds to a number of transport positions that said container passes through during transport through said container handling system, where said container is moved on from one transport position to the next by a transport step, as disclosed by Fiegler, with a reasonable expectation of success for the purpose of tracking the passage of every individual container through the system by using shift registers (see paragraph [0029]).
Regarding claim 15, Grimm discloses the method according to claim 14, further comprising:
determining a first transport position (see “position value” in paragraph [0078]) at which said container is located at a first point in time (see paragraph [0086]), and
storing said identifier of said first transport element and/or of said second transport element in said memory that corresponds to said first transport position (see paragraph [0078]).
Furthermore, Fiegler discloses a method wherein said memory device comprises a shift register to store the identifier in said memory element (see paragraph [0029]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Grimm in view of Senn et al. by including a method wherein said memory device comprises a shift register to store the identifier in said memory element, as disclosed by Fiegler, with a reasonable expectation of success for the purpose of tracking the passage of every individual container through the system by using shift registers (see paragraph [0029]).
Allowable Subject Matter
Claims 6 and 16 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.
The following is a statement of reasons for the indication of allowable subject matter: dependent claim 6 discloses, “to store in said memory element the identifier of said first transport element and/or of said second transport element which corresponds to a transport position at which said container is located at the second point in time based on the specific number of transport steps” which, in combination with the rest of the claim language of claims 1, 3, 4, and 5, teaches a system that is novel over the prior art of record. Dependent claim 16 discloses, “determining that, at a second point in time, a specific number of transport steps has taken place since the first point in time, and storing in said memory element the identifier of said first transport element and/or of said second transport element which corresponds to a transport position at which said container is located at the second point in time based on the specific number of transport steps” which, in combination with the rest of the claim language of claims 11, 13, 14, and 15, teaches a method that is novel over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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M.K.C.
1/30/2026
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655