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 5/5/23 and 12/2/22 were filed and the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “a longitudinal axis 100” (see paragraph [0022]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 5, 8, 9, and 10 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 pre-AIA the applicant regards as the invention.
It is pointed out that some of the recitations as recited in claims 5, 8, and 9 are confusing and not clearly understood.
There is no antecedent basis for “said delivery conduit” (see claim 5). Note that claim 3 recites “a delivery conduit.” It appears that claim 5 should depend on claim 3, instead of claim 1.
Similarly. there is no antecedent basis for “the plate elements” as recited in claim 8, lines 1-2. Note that claim 7 recites “two plate elements.” It appears that claim 8 should depend on claim 7, instead of claim 1.
Moreover, there is no antecedent basis for “said supply conduit” as recited in claim 9, lines 1-2. Note that claim 4 recite “said supply conduit.” It appears that claim 9 should depend on claim 4, instead of claim 6.
The exact meaning of the recitation of “a supporting body configured to move on command and is associated with a grip device” in claim 10 is confusing and not clearly understood as to how “a supporting body” is configured “to move on command.” The phrase “move on command” is unclear if a computer or a controller is applied “to move on command.”
Applicant is required to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
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 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 1-6 and 10, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okuyama et al. (US 2020/0361133).
RE claim 1, Okuyama et al. (US 2020/0361133) discloses a grip device (see Figs. 1-8) for support and movement of preforms which extends along a longitudinal axis and is of a type (see Figs. 1-5) provided with an access port which forms, at a rim, an annular radial flaring which lies on a surface of arrangement that is substantially perpendicular to said longitudinal axis, and said grip device further comprising a supporting element (21, 20a, 23, 26, and 22) which is operatively associated with an air supply conduit (see Fig. 1) and is connected to at least one air exit nozzle (see Figs. 1-5) capable of generating at least one respective air flow which is designed to arrange itself parallel to at least one portion of the annular radial flaring of a preform to be held in order to enable said preform (2) to be supported without contact. Note that Fig. 1 of Okuyama et al. grip device (US 2020/0361133) shows an air flow (P1) parallel to at least one portion of the annular radial flaring of a preform (2).
RE claims 2 and 6, Fig. 3 of Okuyama et al. grip device (US 2020/0361133) teaches said supporting element comprises a centering body (23a) which is capable of engaging at said access mouth of the preform to be supported wherein said supporting element defines a surface that is designed configured to face upward toward said annular radial flaring, said at least one nozzle (See Fig. 3) capable of conveying the respective air flow so as to strike said surface so as to hold said preform.
RE claims 3-5, Figs. 1-7 of Okuyama et al. grip device (US 2020/0361133), as best understood, shows said supporting element comprises a delivery port, which is connected to an air delivery conduit, actuation means (26, 27) which are configured to force a passage of air through said supply conduit, or actuation means (26, 27) which are configured to force a passage of air through said delivery conduit.
Exhibit A
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RE claim 10, Figs. 1-7 of Okuyama et al. grip device (US 2020/0361133), as best understood, discloses an apparatus for handling preforms of plastic (See paragraphs [0009-0013]) for the production of containers, which comprises a supporting body capable of moving and is associated with a grip device according to claim 1.
Allowable Subject Matter
Claim 7 is 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 8 and 9 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL T CHIN whose telephone number is (571)272-6922. The examiner can normally be reached on M-F 8:00-4:30 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, Gene Crawford can be reached on (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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/PAUL T CHIN/Primary Examiner, Art Unit 3651