DETAILED ACTION
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 .
Applicant’s Response
In applicant’s response dated 06/15/2026, Applicant amended Claims 1,11 and 12; added Claims 15 and 16; and argued against all objections and rejections previously set forth in the Office Action dated 03/24/2026.
In light of Applicant’s amendments and remarks the previously set forth objection is withdrawn.
Status of the Claims
Claims 1 – 12 and 14 – 16 are rejected under 35 U.S.C. 103.
Examiner Note
The Examiner cites particular columns, line numbers and/or paragraph numbers in the references as applied to the claims below for the convenience of the Applicant(s). Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 – 12 and 14 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over PIANA (US 2018/0172603) (hereinafter, Piana) in view of Biernat et al. (US 2019/0340269) (hereinafter, Biernat).
Regarding Claim 1, Piana teaches an apparatus for handling containers(See Piana’s Abstract, par 0049 and Fig. 2), having a transport device that is configured for transporting the containers along a predetermined transport path (Piana in par 0049 and Fig. 2, further teaches that containers 2 are transported in the conveying direction R by transport apparatus 3 to optical 3D measuring sensor 4. Transport apparatus 3 is presently, for example, a conveyor belt, but any other suitable transport apparatus is also conceivable, such as a carousel. In addition, containers 2 are transported continuously along the conveying direction R), having a first sensor device that is configured for detecting at least one value characteristic of the transported containers (Piana in par 0040, and Fig. 1, teaches that in step 101, a closed container is transported to the inspection device and inspected with subsequent method steps 102-112 with regard to tightness and/or correct seating of the closure. During the inspection, it is conceivable that the closed containers are each stopped at an inspection position that is fixed in relation to an optical 3D measuring sensor or are continuously transported onwards. Piana in par 0045, further teaches that by comparing the 3D data of the closure with the reference geometry, it can be determined whether the closure is seated tightly on the container), having a first actuator device that is arranged along the transport path downstream of the first sensor device and that is configured for acting upon a transported container (Piana in par 0046, further teaches that in step 108, it is then decided on the basis of the foregoing results whether the container is tight and the closure is seated correctly. If this is the case, then the container is supplied to further processing steps in step 109, for example, to a packaging machine. If this is not the case, then the container is excluded from further processing and ejected in step 110. Piana in par 0052, further teaches that id the container 2c presently shown has a leak or the closure is not seated correctly, then it is automatically ejected by discharge device 6 from transport apparatus 3 into bin 7), and having a control device that is spaced apart from the sensor device and the actuator device and that is configured for controlling the first actuator device, taking into account at least one signal output by the first sensor device, as a function of the characteristic value (Piana in par 0016 and Fig. 2, further teaches that the evaluation device can be a computer, a machine control unit or separate image processing hardware. The evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Faulty containers can be forwarded, for example, to a recycling system to recover their material),
wherein the first sensor device and the first actuator device are in communication connection with the control device via a cable connection using a [[real-time-capable]] fieldbus, and the first sensor device is configured for outputting measurement data in real time, and the communication between the first sensor device and the control device or the control device and the first actuator device takes place in [[real time]] (Piana in par 0016, teaches that the evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Faulty containers can be forwarded, for example, to a recycling system to recover their material. Piana in par 0051 – 0052 and Fig. 2, further teaches that the captured image data of 3D measuring sensor 4 is evaluated by evaluation device 5 associated therewith and 3D data of container 2a or its closure, respectively, is generated therefrom. Evaluation device 5 is an image processing unit with which the images captured by 3D measuring sensor 4 are evaluated. Furthermore, evaluation device 5 controls the light source of 3D measuring sensor 4 and method steps 102-108 previously described with reference to FIG. 1 are performed. If it is now decided on the basis of method steps 102-108 that, for example, container 2c presently shown has a leak and/or the closure is not seated correctly, then it is automatically ejected by discharge device 6 from transport apparatus 3 into bin 7. In contrast, it was determined with inspection device 1 or inspection method 100, respectively, for container 2b presently shown that the closure is tight and is seated correctly. Consequently, container 2b is transported onward by transport direction 3 in the conveying direction R, for example, to a packaging station), and
wherein the sensor device outputs data, in which the sensor device is a line sensor which provides an array of measured values which represent absorption values recorded with a vertically arranged sensor array or the sensor device is a camera unit which determines the fit of the closures on the containers and relative to the containers along with their angle to the horizontal, and wherein the data output is cyclically-output or cyclically-detected corresponding data set for each of the transported containers (Piana in par 0016 – 0017, further teaches that the evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Piana in par 0045 and Fig. 1, further teaches that in step 106, the 3D data of the closure is then compared with a reference geometry. The reference geometry can be a CAD dataset with construction data of the closure. Subsequently, in step 107, the face area of the closure is isolated and its curvature relative to the CAD dataset, for example, a camber, is determined. If the camber is too low, it can be concluded that there is too little curvature of the closure and thus an internal pressure in the container that is too low. Consequently, by comparing the 3D data of the closure with the reference geometry, it can be determined whether the closure is seated tightly on the container. In step 108, it is then decided on the basis of the foregoing results whether the container is tight and the closure is seated correctly. If this is the case, then the container is supplied to further processing steps in step 109, for example, to a packaging machine. If this is not the case, then the container is excluded from further processing and ejected in step 110. It can then be, for example, recycled or cleaned. Piana in par 0053, further teaches that the two cameras 41 and 42 are shown in Figure 3, which capture container neck 23 and closure 21 of container 2a from two different image perspectives 41a, 42a. In addition, it is conceivable that container body 22 is additionally detected with a suitable measuring field).
As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected and in communication in order to automatically eject a container or to allow the container to be transported onward. Piana in par 0016, further teaches that the evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with leaky or incorrectly applied closure. Piana in par 0049 and Fig. 2, further teaches that it can be seen that containers 2 are transported in the conveying direction R by transport apparatus 3 to optical 3D measuring sensor 4.
However, Piana does not specifically disclose the use of a connection that is real-time capable and “real-time” communication.
Biernat teaches a blockchain-enabled industrial devices and associated systems are configured to support the use of industrial blockchains in connection with product and machine tracking, subscription-based industrial services, device lifecycle management, and other functions (See Biernat’s Abstract).
Biernat in par 0042, teaches that industrial controllers may communicatively interface with industrial devices over hardwired or networked connections. For example, industrial controllers can be equipped with native hardwired inputs and outputs that communicate with the industrial devices to effect control of the devices. Industrial controllers 118 can also communicate with industrial devices 120 over a network using, for example, a communication module or an integrated networking port. Exemplary networks can include the Internet, intranets, Ethernet, DeviceNet, ControlNet, Data Highway and Data Highway Plus (DH/DH+), Remote I/O, Fieldbus, Modbus, Profibus, wireless networks, serial protocols, and the like.
Biernat in par 0075 and Fig. 13 further teaches that to facilitate monitoring and control of an industrial machine, system, or process 1320 during runtime, controller 1210 receives input signals 1312 from one or more industrial input devices 1316 (e.g., sensors, telemetry devices, etc.) via the controller's analog and/or digital I/O 1308, and program execution component 1306 generates analog and/or digital control outputs 1314 directed to one or more industrial output devices 1318 (e.g., actuators, motor drives, contactors, indicator lights, etc.) based on values of the input signals 1312 and control sequences defined by the control program 1204. Control outputs 1314 can also be initiated in response to or based on operator commands 1302 received via an HMI 114 or other type of user interface or faceplate. These operator commands 1302 can, for example, modify setpoint values or other parameters of the control sequence, initiate or halt control actions, select operating modes for the control sequence, or perform other types of manually initiated actions. In general, blockchain-enabled industrial controller 1210 is capable of carrying out basic real-time monitoring and control functionality typically associated with industrial controllers.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to utilized the teachings as in Biernat with the teachings as in Piana to have real time communication between the devices of Piana as disclosed in Biernat. The motivation for doing so would have been to effectively communicate during runtime, real time data in order to control one or more industrial output devices based on the received data (See Biernat’s par 0075).
Regarding Claim 2, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Biernat further teaches:
wherein the fieldbus is an Ethernet-based fieldbus (Biernat in par 0042, teaches that industrial controllers 118 can also communicate with industrial devices 120 over a network using, for example, a communication module or an integrated networking port. Exemplary networks can include the Internet, intranets, Ethernet, DeviceNet, ControlNet, Data Highway and Data Highway Plus (DH/DH+), Remote I/O, Fieldbus, Modbus, Profibus, wireless networks, serial protocols, and the like).
Regarding Claim 3, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein both the first sensor device and the first actuator device are connected to the control device at least in sections via the same cable connection (Piana in par 0016, teaches that the evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected and in communication in order to automatically eject a container or to allow the container to be transported onward).
Biernat in par 0042, further teaches that industrial controllers 118 may communicatively interface with industrial devices 120 over hardwired or networked connections.
Regarding Claim 4, Piana in view of Biernat teaches the limitations contained in parent Claim 3. Piana further teaches:
wherein data communication between the sensor device and the control device along with a power supply of the sensor device or the actuator device is carried out via such cable connection (Piana in par 0016, teaches that the evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected and in communication in order to automatically eject a container or to allow the container to be transported onward).
Biernat in par 0042, further teaches that industrial controllers 118 may communicatively interface with industrial devices 120 over hardwired or networked connections.
Regarding Claim 5, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein the apparatus has an evaluation device that evaluates the data output by the sensor device, wherein the evaluation device is spaced apart from the sensor device or the actuator device. (Piana in par 0016, teaches that the evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Faulty containers can be forwarded, for example, to a recycling system to recover their material. Piana in par 0051 – 0052 and Fig. 2, further teaches that the captured image data of 3D measuring sensor 4 is evaluated by evaluation device 5 associated therewith and 3D data of container 2a or its closure, respectively, is generated therefrom. Evaluation device 5 is an image processing unit with which the images captured by 3D measuring sensor 4 are evaluated. Furthermore, evaluation device 5 controls the light source of 3D measuring sensor 4 and method steps 102-108 previously described with reference to FIG. 1 are performed. If it is now decided on the basis of method steps 102-108 that, for example, container 2c presently shown has a leak and/or the closure is not seated correctly, then it is automatically ejected by discharge device 6 from transport apparatus 3 into bin 7. In contrast, it was determined with inspection device 1 or inspection method 100, respectively, for container 2b presently shown that the closure is tight and is seated correctly. Consequently, container 2b is transported onward by transport direction 3 in the conveying direction R, for example, to a packaging station).
As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected but spaced and in communication in order to automatically eject a container or to allow the container to be transported onward.
Regarding Claim 6, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein the first actuator device is in communication connection with the control device via the first sensor device, or the first sensor device is in communication connection with the control device via the first actuator device (Piana in par 0016 and Fig. 2, further teaches that the evaluation device can be a computer, a machine control unit or separate image processing hardware. The evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Faulty containers can be forwarded, for example, to a recycling system to recover their material).
Regarding Claim 7, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein the first sensor device is connected to the first actuator device via a direct communication connection (Piana in par 0016, teaches that the evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch). As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected and in communication in order to automatically eject a container or to allow the container to be transported onward.
Regarding Claim 8, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein the first sensor device has an image recording device that is configured for recording two-dimensional images (Piana in par 0058, teaches that it is alternatively conceivable that 3D measuring sensor 4 is not configured for a stereoscopic, but for a light-section 3D measuring method. In this case, container 2a or closure 21, respectively, is at least in part illuminated with a structured light source and captured only by a single camera from one image perspective. The structured light source there serves quasi as an inverse camera or as a light plane). Therefore, the single camera is capturing a two-dimensional image.
Regarding Claim 9, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein the value characteristic of the container is characteristic of a property of the container selected from a group of properties that includes a fill-level of the container with a filling product, a tightness of a container closed with a closure, a Brix value, a pressure of a gaseous medium inside the container (Piana in par 0006, teaches that an inspection method is also known in which the curvature of the closure is measured by way of an optical distance sensor or a magnetic proximity sensor and the internal pressure is concluded therefrom. Piana in par 0016, further teaches that the evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Piana in par 0053, further teaches that the two cameras 41 and 42 are shown in Figure 3, which capture container neck 23 and closure 21 of container 2a from two different image perspectives 41a, 42a. In addition, it is conceivable that container body 22 is additionally detected with a suitable measuring field).
Regarding Claim 10, Piana in view of Biernat teaches the limitations contained in parent Claim 1. Piana further teaches:
wherein the apparatus has at least one second sensor device or at least one second actuator device (Piana in par 0014, teaches that the container is rotated by a container holder for capturing a plurality of directions of view. Alternatively, a container can be captured with the optical 3D measuring method simultaneously from several directions of view, for example, by way of several optical 3D measuring sensors. Piana in par 0056, further teaches that it is also conceivable that only one camera with a stereoscopic objective lens is used instead of the two cameras 41 and 42 and images the two different image perspectives 41a and 42a onto a single image sensor. It is also conceivable that additional cameras are used for higher measurement accuracy or automatic calibration).
Regarding Claim 11, this Claim merely recites a method for handling containers as similarly disclosed in Claim 1. Accordingly, Piana in view of Biernat discloses/teaches every limitation of Claim 11, as indicated in the above rejection of Claim 1.
Regarding Claim 12, Piana in view of Biernat teaches the limitations contained in parent Claim 11. Piana further teaches:
wherein several sensor devices and/or several actuator devices are provided, and these are connected to the control device at least in sections via the same cable connection (Piana in par 0014, teaches that the container is rotated by a container holder for capturing a plurality of directions of view. Alternatively, a container can be captured with the optical 3D measuring method simultaneously from several directions of view, for example, by way of several optical 3D measuring sensors. Piana in par 0056, further teaches that it is also conceivable that only one camera with a stereoscopic objective lens is used instead of the two cameras 41 and 42 and images the two different image perspectives 41a and 42a onto a single image sensor. It is also conceivable that additional cameras are used for higher measurement accuracy or automatic calibration).
Regarding Claim 14, Piana in view of Biernat teaches the limitations contained in parent Claim 11. Piana further teaches:
wherein the method is carried out for quality inspection or quality assurance of the containers (Piana in par 0016, teaches that the evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. Faulty containers can be forwarded, for example, to a recycling system to recover their material. Piana in par 0052, further teaches that in contrast, it was determined with inspection device 1 or inspection method 100, respectively, for container 2b presently shown that the closure is tight and is seated correctly. Consequently, container 2b is transported onward by transport direction [sic: apparatus] 3 in the conveying direction R, for example, to a packaging station).
Regarding Claim 15, Piana in view of Biernat teaches the limitations contained in parent Claim 11. Piana further teaches:
wherein several actuators devices are provided, and these are connected to the control device at least in sections via the same cable connection (Piana in par 0016, teaches that the evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected and in communication in order to automatically eject a container or to allow the container to be transported onward).
Regarding Claim 16, Piana in view of Biernat teaches the limitations contained in parent Claim 11. Piana further teaches
wherein several sensor devices and several actuator devices are provided, and these are connected to the control device at least in sections via the same cable connection (Piana in par 0014, teaches that the container is rotated by a container holder for capturing a plurality of directions of view. Alternatively, a container can be captured with the optical 3D measuring method simultaneously from several directions of view, for example, by way of several optical 3D measuring sensors. Piana in par 0016, teaches that the evaluation device can be arranged separately or integrated at least in part in a 3D measuring sensor. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch. As shown in figure 2, the sensor 4, the evaluation device 5 and the discharge device 6 are all connected and in communication in order to automatically eject a container or to allow the container to be transported onward. Piana in par 0056, further teaches that it is also conceivable that only one camera with a stereoscopic objective lens is used instead of the two cameras 41 and 42 and images the two different image perspectives 41a and 42a onto a single image sensor. It is also conceivable that additional cameras are used for higher measurement accuracy or automatic calibration).
Response to Arguments
Applicant's arguments filed 06/15/2026 have been fully considered but they are not persuasive.
(1) Applicant argues: that the primary reference Piana does not disclose a sensor device that outputs complex data, in which a line sensor as the sensor device provides an array of measured values as specified by Applicant’s claims. The fact that a line sensor is used is not taught or suggested by Piana. That is to say Piana teaches a general optical 3D measurement method, but not a line sensor.
Furthermore Piana does not teach or suggest that a camera unit, as a sensor device, that explicitly determine the positions of the closures relative to the containers or their angles to the horizontal, as required by Applicant’s claims. Rather, Piana teaches that two cameras are used to capture the container next and the closure from different perspectives. An optical 3D geometry to determine the tightness and correct fit of the cap.
Unlike the present claimed invention, the cameras in Piana are not capable of determining the positions of the lids relative to the containers, nor are they capable of determining the angle of the lids relative to the horizontal. Furthermore, Piana does not teach or suggest a concrete method of evaluating the camera data, but only refers generally to “geometric 3D data” meaning that Piana describes very general 3D capture and quality inspection, but provides no teaching or suggestion of determining the position or angle measurements as required by Applicant’s claims.
The examiner respectfully disagrees.
The examiner agrees that Piana does not disclose that the sensor device is a line sensor which provides an array of measured values which represent absorption values recorded with a vertically arranged sensor array.
However, Claim 1 recites “wherein the sensor device outputs data, in which the sensor device is a line sensor which provides an array of measured values which represent absorption values recorded with a vertically arranged sensor array or the sensor device is a camera unit which determines the fit of the closures on the containers and relative to the containers along with their angle to the horizontal, and wherein the data output is cyclically-output or cyclically-detected corresponding data set for each of the transported containers” (emphasis added).
Accordingly, based on the broadest reasonable interpretation (BRI), the claim requires one of the two choices. The sensor device is a “line sensor” or the sensor device is “a camera unit”.
For purposes of examination the claim is interpreted as the sensor device being a camera unit.
Therefore, Piana teaches “wherein the sensor device outputs data, in which the sensor device is a camera unit which determines the fit of the closures on the containers and relative to the containers along with their angle to the horizontal, and wherein the data output is cyclically-output or cyclically-detected corresponding data set for each of the transported containers”
Piana in par 0016, teaches that the evaluation device can be configured to evaluate the 3D data geometrically, in order to obtain conclusions from this regarding the tightness and/or the correct seating of the closure. The evaluation device can be connected via a data bus or the like to a discharge device to discharge containers with a leaky or incorrectly applied closure, for example, by way of a controllable track switch.
Piana teaches in par 0017, that the 3D data of the closure and the 3D data of the container can be separated from one another when processed by the evaluation device. For example, geometric correlation features between the closure and the container can be determined when processing the 3D data. Geometrical correlation features can mean how the closure is positioned relative to the container. The height of the closure can presently mean at which position along a container longitudinal axis the closure is located. A crooked seat can mean, e.g. the tilt angle between the plane of the support ring or the mouth surface of the container relative to the bearing plane or the upper boundary plane of the approximately cylindrical closure.
Piana in par 0045 and Fig. 1, further teaches that in step 106, the 3D data of the closure is then compared with a reference geometry. The reference geometry can be a CAD dataset with construction data of the closure. Subsequently, in step 107, the face area of the closure is isolated and its curvature relative to the CAD dataset, for example, a camber, is determined. If the camber is too low, it can be concluded that there is too little curvature of the closure and thus an internal pressure in the container that is too low. Consequently, by comparing the 3D data of the closure with the reference geometry, it can be determined whether the closure is seated tightly on the container. In step 108, it is then decided on the basis of the foregoing results whether the container is tight and the closure is seated correctly. If this is the case, then the container is supplied to further processing steps in step 109, for example, to a packaging machine. If this is not the case, then the container is excluded from further processing and ejected in step 110. It can then be, for example, recycled or cleaned. Piana in par 0053, further teaches that the two cameras 41 and 42 are shown in Figure 3, which capture container neck 23 and closure 21 of container 2a from two different image perspectives 41a, 42a. In addition, it is conceivable that container body 22 is additionally detected with a suitable measuring field).
Accordingly, Piana discloses the uses of cameras to monitor the containers and determine if the containers are properly close, as shown in Fig. 1, thus the cameras in Piana are the sensors capturing data associated with the containers and their corresponding closure. The data obtained by the cameras is analyzed by using geometrical correlation which determined if the closure is seated correctly in the container.
For example a crooked seat can mean, e.g. the tilt angle between the plane of the support ring or the mouth surface of the container relative to the bearing plane or the upper boundary plane of the approximately cylindrical closure.
Accordingly, Piana clearly discloses “wherein the sensor device outputs data, in which the sensor device is a camera unit which determines the fit of the closures on the containers and relative to the containers along with their angle to the horizontal” as claimed.
Furthermore, the system in Piana is a closed loop and after inspecting the container based on the obtained images and based on the geometrical analysis, the container may move to 109 or 110, and next container 112 is moved to 101. Thus, Piana teaches or suggests the data output is cyclically-output and/or cyclically-detected data, such as a corresponding data set for each of the transported containers, or corresponding data can be output.
Therefore, Piana teaches or suggest “wherein the sensor device outputs data, in which the sensor device is a line sensor which provides an array of measured values which represent absorption values recorded with a vertically arranged sensor array or the sensor device is a camera unit which determines the fit of the closures on the containers and relative to the containers along with their angle to the horizontal, and wherein the data output is cyclically-output or cyclically-detected corresponding data set for each of the transported containers” as claimed.
Accordingly, the examiner maintains that Piana in view of Biernat teaches or suggests claim 1 as claimed.
Applicant's remaining arguments with respect to claims are substantially encompassed in the arguments above, therefore examiner responds with the same rationale.
For at least the foregoing reasons, Examiner maintains prior art rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL MERCADO VARGAS whose telephone number is (571)270-1701. The examiner can normally be reached M-F 8:00am - 4:00pm.
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/ARIEL MERCADO-VARGAS/ Primary Examiner, Art Unit 2118
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