Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Applicant’s amendments dated 10/14/2025 and 10/21/2025 have been entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
3. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: 1) “a first transport device” in claims 1-2; 2) “an input device” in claims 1 and 5; 3) “a second transport device” in claims 1-2; 4) “a receiving device” in claim 1; 5) “a container receiving device” in claims 1-5; 6) “a movement device” in claim 4; 7) “a first transport device” in claim 13; 8) “container receiving device” in claims 13-14 and 18-20; 9) “input device” in claims 13-14 and 17; 10) “second transport device” in claims 13 and 19; 11) “a retaining element” in claim 16; 12) “first compressing element” in claims 17-18; and 14) “second compressing element” in claims 17 and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (i.e., changing from AIA to pre-AIA ) 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.
4. Claims 1-6, 8-10, 13-14, 16, 19 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 6,594,974 (Theriault) (hereinafter “Theriault”) (a reference of record).
Regarding claim 1, Figs. 1-4 show a device (Fig. 3) for feeding flat objects (P), including mail items, envelopes or letters, in an upright position into at least one transport container (B), the device (Fig. 3) comprising:
a first transport device (80) for transporting the at least one transport container (B) in a first transport direction (down and right in Fig. 3);
an input device (including D, 40 and 50) for transporting flat objects (P) along a second transport direction (left and down into element P in Fig. 3) substantially opposite to the first transport direction (down and right), and
a second transport device (including 120) for transporting the at least one transport container (B) in a third transport direction (up and left in Fig. 4), the second transport device (including 120) being arranged below the first transport device (80); and
a receiving device (including 125 and 129) arranged between the input device (including D, 40 and 50) and the first and second transport device (including 120 and 80), the receiving device (including 125 and 129) having a container receiving device (including 125 and 129) for receiving and at least partially accommodating the at least one transport container (B), the container receiving device (125 and 129) pivotable from a receiving position (pivoted up) for receiving the at least one transport container (B) from the first transport device (80) into a delivery position (pivoted down) for delivering the at least one transport container (B) to the second transport device (including 120). With regard to the second transport direction being “substantially opposite” to the first transport direction, the disclosure of the instant application does not provide any guidance as to what is considered to be “substantially opposite”. The examiner takes the position that the second transport direction is “substantially opposite” to the first transport direction, as claimed.
Regarding claim 2, Figs. 1-4 show that at least one of the first transport device (80) and the second transport device (including 120) is configured for transporting the at least one transport containers (B) in an upright position, in which a bottom of the at least one transport container (B) is at least substantially in a horizontal position OR inclined with respect to a horizontal plane, and the container receiving device (125 and 129) is configured for positioning the at least one transport container (B) in an input position, in which the at least one transport container (B) is arranged obliquely or vertically upright with respect to the horizontal plane. The disclosure of the instant application does not provide any guidance for what is considered to be inclined. The examiner takes the position that the bottom of the at least one transport container (B) is inclined, as claimed.
Regarding claim 3, Figs. 1-4 show that the container receiving device (125 and 129) is movable from the receiving position into an input position for inputting the flat objects (P), wherein in the input position, an open side of the at least one transport container (B) faces in the direction of the input device (including D, 40 and 50).
Regarding claim 4, Figs. 1-4 show that the container receiving device (including 125 and 129) is movable between an upper input position (pivoted up) and a lower input position (pivoted down) by a movement device (including 128).
Regarding claim 5, Figs. 1-4 show that the input device (including D, 40 and 50) engages at least partially in the at least one transport container (B) in the input position of the container receiving device (125 and 129).
Regarding claim 6, as best understood, the third transport direction is at least substantially parallel to the second transport direction, OR the third transport direction (up and left in Fig. 3) and the second transport direction (down and right) enclose an angle of less than 45.
Regarding claim 8, Figs. 1-4 show that the input device (including D, 40 and 50) has at least one conveyor device (D, 40 or 50) for transporting the flat objects (P) in singulated form OR in a scaling overlapping arrangement.
Regarding claim 9, Figs. 1-4 show that the input device (including D, 40 and 50) has at least two conveyor sections (40 and 50) which can be operated independently of one another and at different speeds.
Regarding claim 10, Figs. 1-4 show that the input device (including D, 40 and 50) includes a retaining element (35) arranged between or inserted within the at least two conveying sections (D and 40) of the input device (including D, 40 and 50), the retaining element (35) configured for retaining an scaling up the flat objects transported by the input device (including D, 40 and 50). See, e.g., Fig. 4.
Regarding claim 13, Figs. 1-4 disclose a method for feeding flat objects (P) in upright position into at least one transport container (B), the method comprising:
transporting the at least one transport container (B) by a first transport device (including 80) along a first transport direction (down and right);
receiving the at least one transport container (B) by a container receiving device (including 125 and 129) positioned in a receiving position; the container receiving device (including 125 and 129) at least partially accommodating the at least one transport container (B);
feeding of a plurality of flat objects (P) into the at least one transport container (B) using an input device (including D, 40 and 50), the input device (including (including D, 40 and 50) configured for transporting a series of flat objects (P) in a direction of a second transport direction (left and down) substantially opposite to the first transport direction (down and right);
swiveling the container receiving device (including 125 and 129) together with the at least one transport container (B) at least partially accommodated therein into a delivery position (pivoted down);
delivering the at least one transport container (B) in the delivery position (pivoted down) to a second transport device (including 120), which is arranged below the first transport device (including 80) and is designed for transporting the at least one transport container (B), filled (column 7, lines 10-30) with the plurality of flat objects (P), in a direction of a third transport direction (up and left).
Regarding claim 14, Figs. 1-4 show moving the container receiving device (including 125 and 129) from the receiving position (pivoted down) into an input position (pivoted up) for delivering the plurality of flat objects (P) fed by the input device (including D, 40 and 50) into the at least one transport container (B), wherein the container receiving device (including 125 and 129) is moved together with the at least one transport container (B) at least at least partially accommodated therein from an upper input position to a lower input position, during feeding of the plurality of flat objects (P) into the at least one transport container (B).
Regarding claim 16, Figs. 1-4 disclose that the input device (including D, 40 and 50) has a retaining element (100) and at least two independently drivable conveyor sections (40 and 50) arranged in from of the retaining element (100), the method further comprising operating the conveyor sections (40 and 50) at decreasing conveyor speed (e.g., stop conveying new sheets in column 7, lines 22-30 and 64-65), as viewed in a direction of the retaining element (100), during exchange of the at least one transport container (B) filled to a predefined fill level (column 7, lines 10-30) with the plurality of flat objects (P) with an empty transport container (B).
Regarding claim 19, Figs. 1-4 disclose moving that the container receiving device (including 125 and 129) from the delivery position into the receiving position for receiving an empty transport container (B) after the at least one transport container (B) has been filled to a predefined fill level (column 7, lines 10-30) with the plurality of flat objects (P) and has been transferred to the second transport device (120).
Regarding claim 21, Figs. 1-4 show that the container receiving device (including 125 and 129) further comprises at least one of:
a receiving base configured for supporting a bottom of the at least one transport container;
a lower contact wall configured for supporting a first side wall of the at least one transport container;
a lateral contact wall (129) configured for guiding a side wall (lower right wall in Fig. 3) of the at least one transport container (B); and
a suction device for fixing the at least one transport container at least partially within the container receiving device.
Regarding claim 22, Figs. 1-4 disclose at least one of:
interrupting or delaying transport of the plurality of flat objects (P) by the input device (including D, 40 and 50) in a direction of the at least one transport container (B) during transport of the at least one transport container (B) to the second transport device (120) when the at least one transport container (B) is filled to a predefined fill level (column 7, lines 10-30) with the plurality of flat objects (P); and
scaling up of the plurality of flat objects transported by the input device during transport of the at least one transport container to the second transport device when the at least one transport container is filled to a predefined fill level with the plurality of flat objects.
Response to Arguments
5. Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive.
Applicant argues
In contrast to this inventive device, the retaining guide 124 of Theriault, including bar 125 and roller 129, does not represent a container receiving element, but rather represents a contact element that serves to deflect a box B coming from inclined conveyor 70, 80 onto discharger 120, 122. Specifically, retaining guide 124 supports box B during transport of box B along inclined conveyor 70, 80 and associated increasing departure from conveyor 70, 80 by contacting the front wall of box B. As soon as the rear edge of box B has left conveyor 70, 80, box B rotates due to gravity and arrives on discharger 120 provided for transporting box B away. See, for example, column 6, lines 10-39 and FIG. 3.
In the inventive device, by receiving (accommodating) the transport container (at least partially) within the container receiving element, an advantageous, controlled and safe movement or guidance of the transport container is obtained, which is particularly relevant during the transfer from the first transport device, during the input of the flat objects by the input device, and also at the delivery of the filled transport container to the second transport device. The transport container can be moved in such a controlled manner that flat objects sorted therein are not wholly or partially ejected from the transport container when the container receiving element is pivoted into the delivery position and the transport container is delivered to the second transport device. This claimed configuration, particularly the container receiving element that receives and holds a transport container within its structure, is neither shown nor disclosed by Theriault.
In light of the above comparison, it is evident that Theriault lacks at least one element, i.e., container receiving element, of the claimed invention. Since Theriault does not disclose all elements of the claimed invention, Theriault cannot meet the structural limitations of the claimed invention. Considering that Theriault does not meet the structural limitations of the claimed invention, Theriault cannot properly be considered as anticipating the device and method for feeding flat objects into at least one transport container as currently claimed in independent Claims 1 and 13, respectively.
The examiner disagrees with this argument. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “In the inventive device, by receiving (accommodating) the transport container (at least partially) within the container receiving element”) are not recited in the rejected claim(s). (emphasis added). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Similarly, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “This claimed configuration, particularly the container receiving element that receives and holds a transport container within its structure”) are not recited in the rejected claim(s). (emphasis added). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Theriault shows a receiving device (including 125 and 129) arranged between the input device (including D, 40 and 50) and the first and second transport device (including 120 and 80), the receiving device (including 125 and 129) having a container receiving device (including 125 and 129) for receiving and at least partially accommodating the at least one transport container (B), as claimed. Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP 2111.01. The dictionary broadly defines the term “accommodate” as “to allow for” and defines the term “accommodating” as “willing to help”. See, e.g., Webster’s II New Riverside University Dictionary, Houghton Mifflin Company, 1984, at page 71. With these two definitions in mind, the examiner takes the position that the receiving device (including 125 and 129) of Theriault has a container receiving device (including 125 and 129) for receiving and at least partially accommodating (i.e., at least partially “allows for” OR is at least partially “willing to help”) the at least one transport container (B). As such, Theriault teaches all of the limitations of independent claim 1. This same argument applies to the container receiving device in the receiving step in claim 13.
The rejections of dependent claims 2-6, 8-10, 14,16, 19 and 21-22 are also outlined above.
Allowable Subject Matter
6. Claims 11-12, 17-18 and 20 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.
Conclusion
7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A MORRISON whose telephone number is (571)272-7221. The examiner can normally be reached M-F 9am - 5pm.
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, Mike McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653