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 .
DETAILED ACTION
This is the first non-final office action on the merits. Claims 1-17 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP22305972.6, filed on 07/01/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/12/2023 has been received and considered by the examiner.
Drawings
The drawings are accepted.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-6, 8-10, 12, and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holzleitner et al. (US 20190077277 A1).
Regarding claim 1, Holzleitner teaches (Fig. 1-5): A transport system (Fig. 1) comprising: a plurality of linear motors (drive coils Sm) which are arranged in a row (Fig. 1) and have at least one guide rail (retaining structure 3 having track guide element 6) that defines a path (first track section 2a)(Fig. 1 and 4-5) and at least one transport element (transport vehicle Tn) that can be moved by the linear motors (Sm) in a first direction (X) along the path (para. 0031), wherein the guide rail (3) has a guide structure (track guide element 6), which cooperates with the transport element (Tn), for guiding the movement of the transport element (Tn) in the first direction (X)(Fig. 2) and for absorbing forces acting on the transport element transversely to the first direction (movement in the transverse direction is blocked; para. 0027-0028), and wherein the guide structure (6) is at least partly interrupted at at least one transfer point (switch W) along the path so that a movement of the transport element (Tn) is enabled in a second direction (transverse direction Y) orthogonal to the first direction (X)(para. 0033, lines 10-19) and the transport element (Tn) can be moved (steered) in the second direction by the guide rail (3) and/or the linear motors (Sm) for a transfer from the path (2a) to a secondary path (second track section 2b)(Fig. 1 and 3).
Regarding claim 2, Holzleitner further teaches (Fig. 1-5): the guide rail (3) has at least one main guide rail (guide surface 9d; Fig. 3) for absorbing forces in the second direction (transverse direction Y) by means of the guide structure (6)(Fig. 3-4; para. 0035) and at least one transfer guide rail (guide surfaces 9b and 9c) for absorbing forces in the second direction (Y) by means of the guide structure (6), with the guide structure (6) of the main guide rail (9d) being interrupted at the transfer point (W)(guide surface 9d can be eliminated in the region of the switch W; para 0035; Fig. 4).
Regarding claim 5, Holzleitner further teaches (Fig. 1-5): a secondary path (2b), which is arranged at the transfer point (W) and defined by a secondary guide rail, or by a placement rail (track section 2b) that is suitable for being arranged at the transfer point (Figs. 1 and 4).
Regarding claim 6, Holzleitner further teaches (Fig. 1-5): the placement rail (2b) is suitable for being positioned at the transfer point (W).
Regarding claim 8, Holzleitner further teaches (Fig. 1-5): the transport element (Tn) is provided with running elements (guide rollers 8a-8d) that cooperate with the guide structure (6), with all the running elements being arranged at a side of the transport element (Tn) facing the guide rail (Fig. 2).
Regarding claim 9, Holzleitner further teaches (Fig. 1-5): A method for transferring a transport element (Tn) from a path (2a) defined by a guide rail (3, 6) of a transport system to a secondary path (2b) or to a placement rail (2b),wherein the transport system has a plurality of linear motors (Sm), which are arranged in a row and comprise the guide rail (3)(Fig. 1-2), and the transport element (Tn) that can be moved by the linear motors (Sm) in a first direction (X) along the path (Fig. 1),wherein the guide rail (3) has a guide structure (6), which cooperates with the transport element (Tn), for guiding the movement of the transport element in the first direction (X) and for absorbing forces acting on the transport element transversely to the first direction (Fig. 1-2), and wherein the guide structure (6) is at least partly interrupted at at least one transfer point (switch W) along the path so that a movement of the transport element (Tn) in a second direction (transverse direction Y) orthogonal to the first direction (X)(para. 0033, lines 10-19) is enabled and the transport element (Tn) can be moved in the second direction (Y) for a transfer from the path (2a) to the secondary path (2b) or to the placement rail (2b), wherein the method comprises: - moving the transport element (Tn) in the first direction (X) to the transfer point (W), and - moving the transport element (Tn) in the second direction (Y) to transfer the transport element to the secondary path or to the placement rail (Fig. 1).
Regarding claim 10, Holzleitner further teaches (Fig. 1-5): wherein the transport element (Tn) is moved in the second direction (Y) by the guide rail (3) and/or the linear motors (Sm)(Fig. 1).
Regarding claim 12, Holzleitner further teaches (Fig. 1-5): the transport element (Tn) is moved in the first direction (X) after the movement in the second direction (Y) in order to enter into guiding engagement with a secondary guide rail (2b) of the secondary path (2b)(Fig. 1).
Regarding claim 14, Holzleitner further teaches (Fig. 1-5): the step of positioning the placement rail (2b) at the transfer point (W)(Fig. 1).
Regarding claim 15, Holzleitner further teaches (Fig. 1-5): the transport system is a multi-carrier system (multiple transport vehicles; para. 0003).
Regarding claim 16, Holzleitner further teaches (Fig. 1-5): the placement rail (2b) is suitable for being positioned at the transfer point (W).
Regarding claim 17, Holzleitner further teaches (Fig. 1-5): the step of positioning the placement rail (2b) at the transfer point (W).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holzleitner et al. (US 20190077277 A1).
Regarding claim 3, Holzleitner teaches (embodiment in Figs. 1-5): a main guide rail (9d) and a transfer guide rail (9b, 9c), but does not explicitly teach that at least one of the main guide rail and the transfer guide rail is configured to absorb forces in a third direction which is orthogonal to the first direction and the second direction by means of the guide structure.
However, Holzleitner further teaches (embodiment in Fig. 6): the guide rail (v-shaped guide surface 9b) is configured to absorb forces in a third direction (Z) which is orthogonal to the first direction (X) and the second direction (Y) by means of the guide structure (6)(Fig. 6; para. 0031, lines 19-24).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for Holzleitner to use an additional guide roller with a V-shaped notch for blocking a movement in the z axis, as disclosed by Holzleitner’s second embodiment, with a reasonable expectation of success because having a guide rail for absorbing a force in the third direction would further stabilize the movement of the transport element along the track by reducing vibrations.
Allowable Subject Matter
Claims 4, 7, 11, and 13 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 claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 4, the prior art fails to teach that the transfer guide rail can be moved or inclined at least at the transfer point for moving the transport element in the second direction. While Holzleitner further teaches (Fig. 1-5): the guide rail (3) has at least one main guide rail (guide surface 9d; Fig. 3) and a transfer guide rail (9b, 9c), the examiner finds no obvious reason to modify Holzleitner such that the transfer guide rail can be moved or inclined at the transfer point for moving the transport element in the second direction. Such a modification would require improper hindsight reasoning.
It is noted that the transfer guide rails (9b, 9c) of Holzleitner are not intended to be moved or inclined at the transfer point. Instead, Holzleitner’s switching mechanism involves recessing a guide surface 9d (Figs. 3-4) to enable the vehicle to move in the transverse direction y or adjusting a guide roller 8b on the vehicle to be disengaged or pivoted away (para. 0035-0037).
Method Claim 11 is objected for the same reasons as claim 4 above.
Regarding claims 7, the prior art fails to teach that the secondary guide rail has a pick-up guide rail that can be moved or inclined in the second direction. While Holzleitner further teaches (Fig. 1-5): the transport element (Tn) is moved in the first direction (X) after the movement in the second direction (Y) in order to enter into guiding engagement with a secondary guide rail (2b) of the secondary path (2b)(Fig. 1), the examiner finds no obvious reason to modify Holzleitner such that the secondary guide rail has a pick-up guide rail that can be moved or inclined in the second direction. Such a modification would require improper hindsight reasoning.
It is noted that the guide rails of Holzleitner are not intended to be moved or inclined in the second direction for switching. Instead, Holzleitner’s switching mechanism involves recessing a guide surface 9d (Figs. 3-4) to enable the vehicle to move in the transverse direction y or adjusting a guide roller 8b on the vehicle to be disengaged or pivoted away (para. 0035-0037).
Method Claim 13 is objected for the same reasons as claim 7 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a transport system on a track with linear motors and switching mechanism: US-5033870-A, US-20190009990-A1, US-10336559-B2, US-10781854-B2, CN-108631540-A, EP-3489175-A1, WO-2021097806-A1, CN-113914156-A, KR-20220006317-A, KR-20220040927-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG XI LIN whose telephone number is (571)272-6102. The examiner can normally be reached Mon. through Fri. 9:00am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at 5712726684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG LIN/Examiner, Art Unit 3615