Prosecution Insights
Last updated: April 19, 2026
Application No. 18/104,094

TRANSPORT OF STRUCTURAL ELEMENTS FOR PACKAGINGS

Non-Final OA §102§103
Filed
Jan 31, 2023
Examiner
ROMANO, ASHLEY K
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Multivac Sepp Haggenmueller SE & Co. Kg
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
376 granted / 482 resolved
+26.0% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
509
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
42.5%
+2.5% vs TC avg
§102
33.0%
-7.0% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 482 resolved cases

Office Action

§102 §103
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 Rejections - 35 USC § 102 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, 8-12 and 15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 60-97116. Regarding claim 1, JP 60-97116 discloses a transport arrangement for structural elements for packagings, comprising: a holding device (4) with a group of holding elements (5, 14), each holding element of the group of holding elements being configured to receive a structural element (1) to be transported for holding; and a lifting arrangement (3) configured to produce a relative movement in a vertical direction (B) between a group of structural elements and the holding device, the group of structural elements being in a transfer position at a beginning of the relative movement and being received by the group of holding elements at an end of the relative movement; wherein the holding elements of the group of holding elements of the holding device are adjustable (Q, P1, P2) relative to each other between a receiving configuration and a dispensing configuration; wherein, in the receiving configuration, the holding elements of the group of holding elements are arranged relative to each other such that a group of structural elements received by the group of holding elements is disposed in a first format in which the structural elements of the group of structural elements are arranged in a plan view in a first spacing grid relative to each other (Fig. 4, left, P1); and wherein, in the dispensing configuration, the holding elements of the group of holding elements are arranged relative to each other such that a group of structural elements received by the group of holding elements is disposed in a second format in which the structural elements of the group of structural elements are arranged in the plan view in a second spacing grid relative to each other, the second spacing grid being different from the first spacing grid (Fig. 4, right, P2). Regarding claim 2, JP 60-97116 further discloses wherein, in the transfer position, the group of structural elements is disposed in the first format (Fig. 4). Regarding claim 3, JP 60-97116 further discloses a provisioning device (sterilizer – not shown) configured to bring the group of structural elements into the transfer position. Regarding claim 4, JP 60-97116 further discloses wherein the holding device comprises an adjustment arrangement configured to automatically adjust the holding elements of the group of holding elements relative to each other between the receiving configuration and the dispensing configuration (Fig. 4). Regarding claim 5, JP 60-97116 further discloses wherein the holding elements of the group of holding elements are displaceable relative to each other in a horizontal plane for adjustment between the receiving configuration and the dispensing configuration (Fig. 4). Regarding claim 6, JP 60-97116 further discloses a transport drive arrangement (15) configured to move the holding device for transporting a group of structural elements received by the holding elements as a whole. Regarding claim 8, JP 60-97116 further discloses the lifting arrangement is configured to lift the group of structural elements from the transfer position along the vertical direction (B). Regarding claim 9, JP 60-97116 discloses a method for transporting structural elements of packagings, comprising: transferring a group of structural elements (1) to a holding device (4), wherein each structural element of the group of structural elements is received by an associated holding element (5, 14) of the holding device after the transfer; and adjusting the holding elements relative to each other such that the structural elements of the group of structural elements received by the holding elements are disposed before the adjusting in a first format in which the structural elements of the group of structural elements are arranged in a plan view in a first spacing grid relative to each other (Fig. 4, left, P1), and are disposed after the adjusting in a second format in which the structural elements of the group of structural elements are arranged in the plan view in a second spacing grid relative to each other (Fig. 4, right, P2), the second spacing grid being different from the first spacing grid. Regarding claim 10, JP 60-97116 further discloses the holding device is moved as a whole to transport the structural elements of the group of structural elements received by the holding elements (Fig.3). Regarding claim 11, JP 60-97116 further discloses the structural elements of the group of structural elements are disposed in the first format when they are transferred to the holding device, and are dispensed from the holding device in the second format (Fig.4). Regarding claim 12, JP 60-97116 further discloses the structural elements of the group of structural elements are received by the holding elements in a suspended configuration (Fig.3). Regarding claim 15, JP 60-97116 discloses a method for operating a holding device (4) with holding elements (5, 14) movable relative to each other, the method comprising: transporting a group of structural elements for packagings by a translational movement of the holding device (4) as a whole (Fig. 4, left, P1); and changing positions of structural elements of the group of structural elements relative to each other by shifting the holding elements relative to each other ((Fig. 4, right, P2). Claim 15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bargel et al (US 3,209,923). Regarding claim 15, Bargel discloses a method for operating a holding device with holding elements movable relative to each other (Fig.1), the method comprising: transporting a group of structural elements for packagings by a translational movement of the holding device (35) as a whole (Col.3, lines 30-60); and changing positions of structural elements of the group of structural elements relative to each other by shifting the holding elements relative to each other (Col.3, lines 30-60). 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 of this title, 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. Claims 7, 13-14 rejected under 35 U.S.C. 103 as being unpatentable over JP 60-97116 in view of Muller (US 3,982,642). Regarding claim 7, JP 60-97116 does not further specifically disclose the lifting arrangement is configured to deform the structural elements of the group of structural elements during the relative movement between the group of structural elements and the holding device. Muller teaches a method and arrangement for storing and transporting paper sheets wherein a load is deformed during transport so that, when released, it will again expand in longitudinal direction (Col.4, lines 3-19). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified JP 60-97116 in view of Muller to allow for deformation of the structural elements during the relative movement between the group of structural elements and the holding device in order to reduce footprint and allow for passage through limited spaces. Regarding claim 13, JP 60-97116 further discloses wherein, for transferring the structural elements of the group of structural elements to the holding device, a relative movement along a vertical direction is carried out between the structural elements of the group of structural elements and the holding device (B). JP 60-97116 does not further specifically disclose the structural elements of the group of structural elements are deformed during the relative movement. Muller teaches a method and arrangement for storing and transporting paper sheets wherein a load is deformed during transport so that, when released, it will again expand in longitudinal direction (Col.4, lines 3-19). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified JP 60-97116 in view of Muller to allow for deformation of the structural elements during the relative movement between the group of structural elements and the holding device in order to reduce footprint and allow for passage through limited spaces. Regarding claim 14, JP 60-97116, as modified above, further discloses, wherein a distance between adjacent structural elements in the plan view of the group of structural elements increases during the deforming (enlarging the pitch, Abstract). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Austreim, Langen, Franceschi, Auf Der Maur, Sirocchi, Hahnel and Fischer further disclose elements of a method for operating a holding device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday. 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, Saul Rodriguez can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652 /ASHLEY K ROMANO/Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Jan 31, 2023
Application Filed
Jan 06, 2026
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
86%
With Interview (+8.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 482 resolved cases by this examiner. Grant probability derived from career allow rate.

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