Prosecution Insights
Last updated: May 29, 2026
Application No. 18/222,922

APPARATUS AND METHOD FOR FORMING PLASTIC PREFORMS INTO PLASTIC CONTAINERS WITH CHANGEOVER ROBOT

Final Rejection §103
Filed
Jul 17, 2023
Priority
Jul 15, 2022 — DE 10 2022 117 742.4
Examiner
LIANG, SHIBIN
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Krones AG
OA Round
4 (Final)
63%
Grant Probability
Moderate
5-6
OA Rounds
1m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
260 granted / 415 resolved
-2.3% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
479
Total Applications
across all art units

Statute-Specific Performance

§103
92.9%
+52.9% vs TC avg
§102
5.6%
-34.4% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 415 resolved cases

Office Action

§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 . Response to Amendment The Amendment filed March 04, 2026 has been entered. Claims 1, 4-22 remain pending in the application. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 4-9, 11, 16-19, 21, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hack et al. (US 2018/0250869) in view of Wahl (US 2020/0346387). Regarding claims 1, 17, Hack discloses that, as illustrated in Figs. 1, 2, 3, 4, an apparatus for forming plastic preforms into plastic containers, having a transport device, configured to transport the plastic preforms to be formed along a predefined transport path, wherein the transport device has a rotatable transport carrier on which a large number of forming stations are arranged, wherein such forming stations each have blow molding devices, within which the plastic preforms can be formed into the plastic containers by applying a flowable medium, and the forming stations each have application devices for applying the flowable medium to the plastic preforms, wherein the apparatus has a clean room (item 20, Fig. 1 ([0056])) within which the plastic preforms are expanded to form the plastic containers, and such clean room is delimited from a non-sterile environment by at least one wall (see claim 1 in the teachings of Hack), wherein the apparatus has an exchange device (item 40, Fig. 2 or 3 ([0076])) configured for exchanging blow molding devices and such exchange device is arranged outside the clean room (see claim 1 in the teachings of Hack). It is noticed that, as illustrated in Figs. 2, 3, the change robot 40 ([0076]) having the gripper device 48 ([0078]) is located outside of the clean room 20 ([0071]). Hack discloses that, the apparatus has at least one actuating device configured for carrying out an exchange process of blow molding devices of the forming station and such actuating device is selected from a group of actuating devices comprising actuating devices configured for opening and closing blow mold carriers, actuating devices configured for releasing and activating a fastening device for releasing and fastening blow molding parts to blow mold carrier parts, actuating devices configured for centering the rotatable transport carrier, actuating devices configured for unlocking and locking blow mold carriers, actuating devices configured for tensioning and relaxing application devices, and actuating devices configured for opening and/or closing the clean room (see claim 2 in the teachings of Hack (i.e., a closing mechanism (or interface)) or [0022] (it is noticed that, the interface have closing mechanism)). For example, as illustrated in Fig. 4, a user or operator stands outside of room of the changing device 40 to open or close the door 86 ([0062]). In [0024], Hack discloses that, the change device or module has electric hardware components which can control all essential functions of the change device (lines 1-3). For example, opening and closing the blow mold carriers (e.g., see claim 1 in the teachings of Hack), releasing and activating a fastening device, centering the rotatable transport carrier, and unlocking and locking blow mold carriers etc. will be included. Further, Hack discloses that, the change device 40 (e.g., as shown in Fig. 4) has at least one actuator device selected from a group of actuator devices which contains electrically operated actuator devices, pneumatically operated actuator devices, hydraulically operated actuator devices, magnetically operated actuator devices, and similar ([0024], lines 1-6 from bottom). It is also noticed that, as illustrated in Fig. 4, the change device 40 having its actuator device is arranged outside the clean room 20 (related to claim 17). Specifically, Hack discloses that, in [0048], in this embodiment it is possible that, for the change process, first the blow-moulding device is gripped by a gripper device and then the blow-mould carrier opened, so that blow mould can be removed from the machine (lines 1-5 from bottom). Thus, Hack discloses that, at least the change device 40 having an actuating device is capable of opening/closing the blow-mould carrier to install the individual blow-moulding device 14 stored in the magazine device 44 then removing the mould 14 for the next new round. Hack discloses that, as illustrated in Figs. 3, 4, at least the change device/robot 40 involving the actuating device is standing on the base floor outside the clean room 20. However, Hack does not explicitly disclose that, the gripping element of the exchange device is movable with respect to at least three axes. In the same field of endeavor, changeover robot, Wahl discloses that, as illustrated in Figs. 1, 2, the changeover robot 15 ([0082]) has a gripper device 22 ([0089]) which pivotable about at least three different axes ([0023], lines 1-4). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hack to incorporate the teachings of Wahl to provide the interface has the gripping element of the exchange device is movable with respect to at least three axes. Doing so would be possible to open the mold carrier, and/or release the lock between the blow-molding device and the mold carrier, and/or extract the blow-molding device from the mold carrier (inside the clean room) to the outside the clean room, as recognized by Wahl ([0011], [0024]). Regarding claims 4, Hack discloses that, as illustrated in Fig. 2, the apparatus has a magazine device (item 44, Fig. 2 ([0059])) configured for storing blow molding devices ([0059]). Regarding claims 5-9, Hack discloses that, the apparatus has at least one actuating device configured for carrying out an exchange process of blow molding devices of the forming station and such actuating device is selected from a group of actuating devices comprising actuating devices configured for opening and closing blow mold carriers, actuating devices configured for releasing and activating a fastening device for releasing and fastening blow molding parts to blow mold carrier parts, actuating devices configured for centering the rotatable transport carrier, actuating devices configured for unlocking and locking blow mold carriers, actuating devices configured for tensioning and relaxing application devices, and actuating devices configured for opening and/or closing the clean room (see claims 1, 2 in the teachings of Hack (i.e., a closing mechanism (or interface)) or [0022] (it is noticed that, the interface have closing mechanism (related to claim 8, 9))). For example, as illustrated in Fig. 4, an user or operator stands outside of room of the changing device 40 to open or close the door 86 ([0062]). It is noticed that, the changing device 40 is enclosed and isolated by periphery walls (related to claim 5). Hack discloses that, the changing device 40 region and the magazine 44 region are separated from each other as shown in Fig. 2 (related to claims 6, 7). Regarding claims 11, 19, Hack discloses that, the apparatus has a detection device for example, a sensor ([0016], lines 3-5)) configured to detect an intervention of a user in predetermined regions of an enclosure for enclosing the exchange device, and a control device, which controls the exchange device taking into account a value detected by such detection device, is provided ([0016]). Hack discloses that, as illustrated in Fig. 3, the lock room 30 can also be opened via a connecting door 62 (i.e., it is noticed that, the connecting door 62 is disposed outside the clean room 20 within the magazine device 44) so that the user is able to intervene ([0061], lines 15-17). In other words, after the detection device detecting any abnormality inside the magazine device 44, the user will intervene accordingly (related to claim 19). Regarding claim 16, Hack discloses that, the application device has a blow nozzle configured to be applied to a mouth of the plastic preforms in order to expand them, wherein the exchange device is also configured for exchanging such blow nozzle ([0012]). As illustrated in Fig. 3 in the teachings of Hack, reference sign 14 designates an individual blow-moulding device ([0061], lines 14-15). Here, the individual blow-moulding device should include any essential components such as a blowing/inflating nozzle (i.e., the application device) applied in the forming stations 8. At least, the changing device 40 is capable of for exchanging these blowing/inflating nozzle(s). Regarding claim 18, Hack discloses that, as illustrated in Fig. 3, reference signs 82, 84 designate a connection device via which the lock room 30 or the change module is coupled to the blow-moulding device. Via the connecting device, a connection can be created between the two regions. The connection is preferably gas-tight against the environment ([0061], lines 6-11). Thus, via the connection device 82, 84, Hack discloses that, the change device 40 is arranged completely outside the clean room during a working operation due to the gas-tight function provided by the connection device. Regarding claim 21, Hack discloses that, the change device has at least one gripper device for gripping the blow moulding device or parts of the blow-moulding devcies, such as the side parts of the blow-moulding device or a base part of the blow-moulding device ([0016], lines 3-8 from bottom). Thus, Hack discloses that, the change device has a plurality of gripping elements. Regarding claim 22, Hack discloses that, as illustrated in Fig, 1, reference sign 6 designates a sterilization device which serves to sterilize the plastic preforms 10. A clean room 20 is already formed in the region of the sterilization device 6 ([0056], lines 1-4). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hack et al. (US 2018/0250869) and Wahl (US 2020/0346387) as applied to claim 8 above, further in view of Schmid et al. (US 2010/0095637). Regarding claim 10, Hack in the combination does not disclose the interface has a separating element configured to separate the clean room from the environment, wherein the separating element extends in a plane that is oblique with respect to a vertical direction. In the same field of endeavor, transporting containers, Schmid disclose that, such an inclined wall (i.e., the interface) may extend both in the plane of the transport path obliquely as well as in a plane perpendicularly thereto ([0014]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination to incorporate the teachings of Schmid to provide the interface has a separating element configured to separate the clean room from the environment, wherein the separating element extends in a plane that is oblique with respect to a vertical direction. Doing so would be possible to achieve the two conveying means between the sterile (or clean) room and the environment (or another room), as recognized by Schmid ([0013], [0014]). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hack et al. (US 2018/0250869) and Wahl (US 2020/0346387) as applied to claim 11 above, further in view of Tanner (US 2011/0120833). Regarding claim 20, the combination does not explicitly disclose the detection device or sensor comprises a light barrier arrangement. In the same field of endeavor, blow molding, Tanner discloses that, for the presence as well as also for the position detection, alternatively also single or groups of light barriers (light grids or light curtains) or line sensors or cameras or reflection light scanners or ultrasonic distance meters or mechanical sensors, …, are conceivable, which are directed onto the conveyor path and the single row of the conveyed bodies ([0011]). It would have been obvious to use the apparatus of the combination to have the detection device or sensor as Tanner teaches that it is known to have the detection device or sensor comprises a light barrier arrangement. It has been held that the combination of known technique to improve similar device is likely to be obvious when it does not more than yield predictable results to one of ordinary skill in the art. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hack et al. (US 2018/0250869) in view of Wahl (US 2020/0346387). Regarding claim 12, Hack discloses that, as illustrated in Figs. 1, 2, 3, 4, a method for operating an apparatus for forming plastic preforms into plastic containers, wherein, in a working operation of the apparatus, a transport device transports the plastic preforms to be formed along a predefined transport path, wherein the transport device has a rotatable transport carrier, on which a large number of forming stations is arranged, wherein such forming stations each have blow molding devices, within which the plastic preforms are formed into the plastic containers by applying a flowable medium, and the forming stations each have application devices that apply the flowable medium to the plastic preforms, wherein the apparatus has a clean room (item 20, Fig. 1 ([0056])) within which the plastic preforms are expanded to form the plastic containers, and such clean room is delimited from a non-sterile environment by means of at least one wall (see claim 1 in the teachings of Hack), wherein an exchange device exchanges and/or replaces blow molding devices in an exchange operation, wherein the exchange device is arranged outside the clean room (see claim 1 in the teachings of Hack). It is noticed that, as illustrated in Figs. 2, 3, the change robot 40 ([0076]) having the gripper device 48 ([0078]) is located outside of the clean room 20 ([0071]). Hack discloses that, the apparatus has at least one actuating device configured for carrying out an exchange process of blow molding devices of the forming station and such actuating device is selected from a group of actuating devices comprising actuating devices configured for opening and closing blow mold carriers, actuating devices configured for releasing and activating a fastening device for releasing and fastening blow molding parts to blow mold carrier parts, actuating devices configured for centering the rotatable transport carrier, actuating devices configured for unlocking and locking blow mold carriers, actuating devices configured for tensioning and relaxing application devices, and actuating devices configured for opening and/or closing the clean room (see claim 2 in the teachings of Hack (i.e., a closing mechanism (or interface)) or [0022] (it is noticed that, the interface have closing mechanism)). For example, as illustrated in Fig. 4, a user or operator stands outside of room of the changing device 40 to open or close the door 86 ([0062]). In [0024], Hack discloses that, the change device or module has electric hardware components which can control all essential functions of the change device (lines 1-3). For example, opening and closing the blow mold carriers (e.g., see claim 1 in the teachings of Hack), releasing and activating a fastening device, centering the rotatable transport carrier, and unlocking and locking blow mold carriers etc. will be included. Further, Hack discloses that, the change device 40 (e.g., as shown in Fig. 4) has at least one actuator device selected from a group of actuator devices which contains electrically operated actuator devices, pneumatically operated actuator devices, hydraulically operated actuator devices, magnetically operated actuator devices, and similar ([0024], lines 1-6 from bottom). It is also noticed that, as illustrated in Fig. 4, the change device 40 having its actuator device is arranged outside the clean room 20. Specifically, Hack discloses that, in [0048], in this embodiment it is possible that, for the change process, first the blow-moulding device is gripped by a gripper device and then the blow-mould carrier opened, so that blow mould can be removed from the machine (lines 1-5 from bottom). Thus, Hack discloses that, at least the change device 40 having an actuating device is capable of opening/closing the blow-mould carrier to install the individual blow-moulding device 14 stored in the magazine device 44 then removing the mould 14 for the next new round. Hack discloses that, as illustrated in Figs. 3, 4, at least the change device/robot 40 involving the actuating device is standing on the base floor outside the clean room 20. However, Hack does not explicitly disclose that, the gripping element of the exchange device is movable with respect to at least three axes. In the same field of endeavor, changeover robot, Wahl discloses that, as illustrated in Figs. 1, 2, the changeover robot 15 ([0082]) has a gripper device 22 ([0089]) which pivotable about at least three different axes ([0023], lines 1-4). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hack to incorporate the teachings of Wahl to provide the interface has the gripping element of the exchange device is movable with respect to at least three axes. Doing so would be possible to open the mold carrier, and/or release the lock between the blow-molding device and the mold carrier, and/or extract the blow-molding device from the mold carrier (inside the clean room) to the outside the clean room, as recognized by Wahl ([0011], [0024]). Regarding claims 13-15, Hack discloses that, the exchange device has to be tested or have a pilot run to check the status of the magazine. Hack discloses that, a protective device ([0017], lines 2-3 (e.g., protective walls)) in which the exchange device is located has been opened and/or carrying out a check as to whether a user has entered a region in which a magazine device for storing the blow molding devices is located and the protective device in which the exchange device is located has been opened and/or whether a user has entered a region in which a magazine device for storing the blow molding devices is located, a decision is made as to whether a test run is to be carried out ([0017], [0018], [0019]). Response to Arguments Applicant's arguments filed 3/4/2026 have been fully considered. They are not persuasive. In response to applicant’s arguments (as amended) in claim 1 or 12 that, in the teachings of Hack, an actuating device configured for opening and closing the blow mould carriers, wherein the actuating device is arranged outside the clean room, and wherein the actuating device is mounted on a base frame of the apparatus, is not disclosed, it is not persuasive. Specifically, Hack discloses that, in [0048], in this embodiment it is possible that, for the change process, first the blow-moulding device is gripped by a gripper device and then the blow-mould carrier opened, so that blow mould can be removed from the machine (lines 1-5 from bottom). Thus, Hack discloses that, at least the change device 40 having an actuating device is capable of opening/closing the blow-mould carrier to install the individual blow-moulding device 14 stored in the magazine device 44 then removing the mould 14 for the next new round. As illustrated in Figs. 3, 4, Hack discloses that, at least the change device/robot 40 involving the actuating device is standing on the base floor outside the clean room 20. It is noticed that, as illustrated in Figs. 2, 3, the change robot 40 ([0076]) having the gripper device 48 ([0078]) is located outside of the clean room 20 ([0071]). Furthermore, in the claim 1 of Hack, the change device is designated for at least removing the blow-moulding devices from their blow mould carriers and/or arranging blow moulding devices on the blow mould carriers (lines 15-18). Specifically, Hack discloses that, the change device is integrated in a module which can be separated from the clean room and the change device is arranged inside a lock room (see lines 19-21 in claim 1 of the teachings of Hack). Conclusion 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shibin Liang whose telephone number is (571)272-8811. The examiner can normally be reached on M-F 8:30 - 4:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L Hindenlang can be reached on (571)270 7001. 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). /SHIBIN LIANG/Examiner, Art Unit 1741 /ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
Read full office action

Prosecution Timeline

Show 1 earlier event
Dec 11, 2024
Non-Final Rejection mailed — §103
Mar 06, 2025
Response Filed
May 20, 2025
Final Rejection mailed — §103
Aug 13, 2025
Request for Continued Examination
Aug 15, 2025
Response after Non-Final Action
Dec 08, 2025
Non-Final Rejection mailed — §103
Mar 04, 2026
Response Filed
Apr 28, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12623382
CONTROL DEVICE OF INJECTION MOLDING MACHINE, INJECTION MOLDING MACHINE, AND RECORDING MEDIUM
3y 9m to grant Granted May 12, 2026
Patent 12623388
CONTROLLER OF INJECTION MOLDING MACHINE, INJECTION MOLDING MACHINE, AND PROGRAM
3y 9m to grant Granted May 12, 2026
Patent 12623386
CONTROLLER OF INJECTION MOLDING MACHINE, INJECTION MOLDING MACHINE, AND RECORDING MEDIUM
3y 8m to grant Granted May 12, 2026
Patent 12623383
PLASTICIZING DEVICE
2y 2m to grant Granted May 12, 2026
Patent 12611811
STERILE BLOW MOLDING MACHINE WITH EJECTION SLUICE AND METHOD FOR THE OPERATION THEREOF
2y 9m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
63%
Grant Probability
80%
With Interview (+17.8%)
3y 0m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 415 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month