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 .
Status of Claims
This office action is in response to Applicant's Amendment/Request for Reconsideration filed on 17 March 2026.
Claims 1 – 7, 9, and 11 – 16 are pending. Claims 8 and 10 are cancelled by Applicant.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 17 March 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1 April 2026 was filed after the mailing date of the final office action on 13 January 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 – 7, 9, and 11 – 16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the limitation, “a synchronized combination of manipulator articulation”, is indefinite because it is ambiguous as to what elements (i.e., an assembly of at least two manipulator transportation units”, “at least one manipulating unit”, “an engagement device”, and “tools”) undergo manipulator articulation or the limitation is reciting a new claim element, “manipulator”, that is being articulated. Please note, since claims 2 – 7, 9, and 11 – 16 depend upon claim 1, claims 2 – 7, 9, and 11 – 16 are likewise rejected under 35 USC §112(b) for indefiniteness.
Regarding claim 1, the limitation, “the mover”, is indefinite because it is ambiguous if the limitations refers to “at least one independently motion controlled mover of each of the at least two manipulator transportation unit”, “independently motion controlled movers of the main transportation unit”, or both. Please note, since claims 2 – 7, 9, and 11 – 16 depend upon claim 1, claims 2 – 7, 9, and 11 – 16 are likewise rejected under 35 USC §112(b) for indefiniteness.
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 is incorrect, any correction of the statutory basis 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 – 6, 9, 11, and 13 – 16 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Choplin (FR 3063973 A1), in view of Nitsch (WO 2014/202575 A1).
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Regarding claim 1, Choplin discloses a system (the assembly of fig.1 using the embodiment of the manipulating units/motion controlled movers of fig. 2) for processing a packaging in assembly comprising:
a main transportation unit (1, fig. 1);
a manipulator transportation unit (17, fig. 1), wherein the manipulator transportation unit has at least one manipulating unit (a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2), said at least one manipulating unit mounted on at least one independently motion controlled mover (the first manipulating unit mounted on cleat rotor 4 and carriage rotor 14; and the second manipulating unit mounted on cleat rotor 9 and carriage rotor 15, fig. 2) of the manipulator transportation unit and adapted for manipulating a material component (box blank 2, fig. 1) of the package (folded and glued package 2, fig. 1) in assembly present at the main transportation unit (as shown at position A in annotated fig. 1),
wherein the manipulator transportation unit is a closed loop transportation unit (Fig. 1 shows device 17 as a closed loop or continuous/endless conveyor),
wherein said at least one manipulating unit comprises an engagement device (the inside surface or surface of upstream cleat 3 that contacts the blanks 2 in the first manipulator unit and the inside surface or surface of downstream cleat 8 that contacts the blanks 2 in the second manipulator unit, fig. 2) for temporarily engaging the material component of the package in assembly while being in transit (ll. 294 – 295 describes the tool of device 17 configured to hold and form the top of the box blank 2),
wherein the main transportation unit comprises tools (As shown in figure 1, the main transportation unit has manipulating units structural the same as the manipulating units on the manipulator transportation unit 17 wherein on these manipulating units on the main transportation unit 1 have tools such as the inside surface or surface of upstream cleat 3 that contacts the blanks 2 and the inside surface or surface of downstream cleat 8 that contacts the blanks 2, as shown in figure 2) mounted on independently motion controlled movers (tool 3 mounted on cleat rotor 4 and carriage rotor 14; and tool 8 mounted on cleat rotor 9 and carriage rotor 15, fig. 2, fig. 2) of the main transportation unit,
wherein the tools on the individually motion controlled movers of the main transportation unit are configured to provide packaging process operations to the package in assembly (ll. 206 – 207 describes the downstream cleat 8 is configured with the upstream cleat 3 to hold the blank 2 along the active strand 6 of the stator 5 wherein fig. 2 shows the inside surface of the upstream cleat 3 and the downstream cleat 8 holding the blank 2),
wherein a control unit (“a centralized system”; ll. 349 – 350) enables the control of the at least one manipulating unit and said tools for simultaneously manipulating the material component of the package in assembly (ll. 349 – 350 describes the centralized system managing the instantaneous movements and positions of each rotor 4, 9, 14, 15), and
Choplin does not explicitly disclose an assembly of at least two manipulator transportation units, wherein each of the at least two manipulator transportation units having at least one manipulating unit, said at least one manipulating unit mounted on at least one independently motion controlled mover of each of the at least two manipulator transportation unit.
However, Nitsch, in the same field of endeavor, teaches an assembly of at least two manipulator transportation units (14A, 14B, annotated fig. 8), wherein each of the at least two manipulator transportation units having at least one manipulating unit (9, fig. 8), said at least one manipulating unit mounted on at least one independently motion controlled mover (7A, 7B, annotated fig. 8) of each of the at least two manipulator transportation unit (With the incorporation of the teachings of Nitsch with the invention of Choplin, the single manipulator transportation unit of Choplin would be modified to an assembly of two manipulator transportation units, as taught in Nitsch, and have the at least one manipulating unit of Choplin mounted on the at least one independently motion controlled mover, taught in Nitsch, wherein the at least one manipulating unit of Choplin mounted on the at least one independently motion controlled mover of Nitsch is adapted for manipulating a material component of the package in assembly present at the main transportation unit from each side as disclosed and shown annotated fig. 1 of Choplin).
Nitsch is evidence that having an assembly of at least two manipulator transportation units, wherein each of the at least two manipulator transportation units having at least one manipulating unit, said at least one manipulating unit mounted on at least one independently motion controlled mover of each of the at least two manipulator transportation unit was known and within the skill of one having ordinary skill in the art before the effective filling date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the manipulator transportation unit of Choplin with an assembly of at least two manipulator transportation units, wherein each of the at least two manipulator transportation units having at least one manipulating unit, said at least one manipulating unit mounted on at least one independently motion controlled mover of each of the at least two manipulator transportation unit, as taught by Nitsch. Additionally, it would have been obvious to the one having ordinary skill in the art to have modified the manipulator transportation unit of Choplin with an assembly of at least two manipulator transportation units, wherein each of the at least two manipulator transportation units having at least one manipulating unit, said at least one manipulating unit mounted on at least one independently motion controlled mover of each of the at least two manipulator transportation unit, as taught by Nitsch to improve stability of the manipulator transportation unit wherein with two tracks the manipulating unit is supported by a wider base, leading to greater resistance to tilting or tipping, especially when carrying unevenly distributed weight or encountering external forces.
Choplin discloses the control unit (“a centralized system”; ll. 349 – 350) further enables a synchronized combination of manipulator articulation along and/or around the x- and y- axes relative to the mover and of the mover itself relative to the package in assembly being transported by the main transportation unit (ll. 349 – 350 describes the centralized system managing the instantaneous movements and positions of each rotor 4, 9, 14, 15 wherein fig. 1 shows articulation of the cleat 3 and the cleat 8 x- and y- axes via the movements and positions of each rotor 4, 9, 14, 15).
Choplin does not explicitly disclose the control unit further enables a synchronized combination of manipulator articulation along and/or around the x-, y-, z-axes relative to the mover and of the mover itself relative to the package in assembly being transported by the main transportation unit.
However, Nitsch, in the same field of endeavor, teaches the control unit (“a control unit”; [0026]) further enables a synchronized combination of manipulator articulation along and/or around the x-, y-, z-axes relative to the mover and of the mover itself relative to the package in assembly being transported by the main transportation unit (Figure 8 shows articulation of the folding devices 22, 29 along the x-, y-,and x- axes).
Nitsch is evidence that having the control unit further enables a synchronized combination of manipulator articulation along and/or around the x-, y-, z-axes relative to the mover and of the mover itself relative to the package in assembly being transported by the main transportation unit was known and within the skill of one having ordinary skill in the art before the effective filling date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the system for processing a packaging in assembly of Choplin with the control unit further enables a synchronized combination of manipulator articulation along and/or around the x-, y-, z-axes relative to the mover and of the mover itself relative to the package in assembly being transported by the main transportation unit, as taught by Nitsch. Additionally, it would have been obvious to the one having ordinary skill in the art to have modified the system for processing a packaging in assembly of Choplin with the control unit further enables a synchronized combination of manipulator articulation along and/or around the x-, y-, z-axes relative to the mover and of the mover itself relative to the package in assembly being transported by the main transportation unit, as taught by Nitsch, provide the ability to fold and close the material component of the package in assembly in the -y and -z axis.
Regarding claim 2, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
The modified Choplin does not explicitly disclose the engagement device is for temporarily attaching to and releasing from the material component of the package in assembly while being in transit.
Nitsch, in the same field of endeavor, discloses an engagement device (30, fig. 7) is for temporarily attaching to and releasing from the material component of the package in assembly while being in transit (ll. 632 – 639 and Figure 7 describes/shows a suction cup 30 mounted on a holding and folding device 8, an analogous structure to the upstream cleat 3 and the downstream cleat 8 wherein fig. 7 shows the suction cup attaching to a tab 9.2 of the base/cardboard blank 9. Please note in figure 1, the carriers 7 after the folding station 5 are shown without the base/cardboard blank 9 implying or making obvious to one having ordinary skill in the art that the suction cup 30 from releases the base/cardboard blank 9 at some point after the folding station 5).
Nitsch is evidence that having the suction cup on the holding and folding device/cleat was known and within the skill of one having ordinary skill in the art before the effective filling date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success incorporating these suction cups into the invention of Choplin. Additionally, it would have been obvious to one having ordinary skill in the art to have incorporated the suction cups of Nitsch into the invention of Choplin with the motivation to prevent slippage between the engagement device and the material component of the package.
Regarding claim 3, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
Choplin further discloses the at least one manipulating manipulation unit (10, 10a, 10b, 12, 13, figs. 1, 2) is adapted to pick, fold, form, shape, wrap, bend, stretch, push, press, force, off-set, compress, tuck, pull, rotate, cut, crease, score, collapse, insert, align, or latch or any combination thereof, the material component of the package in assembly (ll. 251 – 254 describes the carriages 12, 13 necessary for the forming of the blanks 2).
Regarding claim 4, Choplin, as modified by Nitsch, discloses the invention as recited in claim 16.
Choplin further discloses a manipulation driving mechanism (link 16 and carriage 12 which drives and rotates cleats 3 of the first manipulating unit; and link 16 and carriage 13 which drives and rotates cleats 8 of the second manipulating unit, fig. 2) for driving said at least two or more manipulating units (a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2), said manipulation driving mechanism comprising a linkage mechanism (16, figs. 1, 2), pivots, slides, or bell cranks, being driven by motors or actuators on the at least two or more manipulating units or by varying the relative distances between at least two of said independently motion controlled movers of the manipulator transportation unit.
Regarding claim 5, Choplin, as modified by Nitsch, discloses the invention as recited in claim 16.
Choplin further discloses each of the at least two or more manipulating units (a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2) comprises: a base portion (half-plate 10a of the first manipulating unit; and half-plate 10b of the second manipulating unit, fig. 2), and a manipulator portion (cleat 3 of the first manipulating unit; and cleat 8 of the second manipulating unit, fig. 2) attached to the base portion and rotatable about the base portion (at pivot portion B, annotated figs. 1, 2), wherein the manipulation driving mechanism (link 16 and carriage 12 which drives and rotates cleats 3 of the first manipulating unit; and link 16 and carriage 13 which drives and rotates cleats 8 of the second manipulating unit, fig. 2) comprises a rotation driving mechanism (link 16, pivot B, and carriage 12 which drives and rotates cleats 3 of the first manipulating unit; and link 16, pivot B, and carriage 13 which drives and rotates cleats 8 of the second manipulating unit, fig. 2) for driving a rotation of the manipulator portion, and wherein the engagement device (the inside surface or surface of upstream cleat 3 that contacts the blanks 2 in the first manipulator unit and the inside surface or surface of downstream cleat 8 that contacts the blanks 2 in the second manipulator unit, fig. 2) is located on the manipulator portion
Regarding claim 6, Choplin, as modified by Nitsch, discloses the invention as recited in claim 16.
Choplin further discloses the manipulator transportation unit (17, fig. 1) transports one or more pairs of said at least two or more manipulating units (a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2) manipulating said material component from opposed or from various directions (ll. 260 – 269 describes half-plate 10a and half-plate 10b mounted on cleat rotors 4, 9 which allow the spacing between the half-plate 10a and the half-plate 10b to be varied to adapt the plates to the dimension of the box blank 2. ll. 208 – 210 describes this plate 10 configured to support the box blank 2 and drive it in translation along the stator 5).
Regarding claim 9, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
Choplin further discloses the control unit (“a centralized system”; ll. 349 – 350) enabling synchronization of a pace and a pitch of the at least one manipulating unit (a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2) with transportation of the package in assembly on the main transportation unit (Figure 2 shows half plates 10a, 10b and carriages 12, 13 mounted on rotors 4, 9, 14, 15, respectively, wherein ll. 349 – 350 describes the centralized system managing the instantaneous movements and positions of each rotor 4, 9, 14, 15).
Regarding claim 11, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
The modified Choplin discloses a plurality of the manipulator transportation units (a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2) and wherein the control unit (“a centralized system”; ll. 349 – 350) further enables the control of the at least one manipulating unit for simultaneously manipulating the material component of the package in assembly (Figure 2 shows half plates 10a, 10b and carriages 12, 13 mounted on rotors 4, 9, 14, 15, respectively, wherein ll. 349 – 350 describes the centralized system managing the instantaneous movements and positions of each rotor 4, 9, 14, 15) .
Regarding claim 13, Choplin discloses a method for assembling a package comprising the steps of:
providing a given package (folded and glued package 2, fig. 1) in assembly onto a main transportation unit (1, fig. 1), and
manipulating the material component (box blank 2, fig. 1) of the package (folded and glued package 2, fig. 1) in assembly using a system of claim 1 (ll. 294 – 295 describes the tool of device 17 configured to hold and form the top of the box blank 2).
Regarding claim 14, Choplin, as modified by Nitsch, discloses the invention as recited in claim 13.
Choplin discloses the step of manipulating comprises: moving one or more material components or parts thereof into a given direction, rotating the given packaging in assembly or the final assembled package, and accelerating, decelerating, attaching, inserting, pressing, holding, wrapping, folding, tucking, off-setting, translating, rotating, pushing, inclining, stretching, compressing, collapsing, erecting, gluing, latching the one or more material components of the given package in assembly, and all combinations thereof (ll. 206 – 207 and ll. 294 – 295 describes the manipulating units of the main transportation unit 1 and the manipulator transportation unit 17 configured to hold and form the top of the box blank 2).
Regarding claim 15, Choplin, as modified by Nitsch, discloses the invention as recited in claim 14.
Choplin discloses the material component to be manipulated is a part of a foldable blank based package (box blank 2, fig. 1).
Regarding claim 16, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
The modified Choplin discloses each of the at least two manipulator transportation units (Von Birgelen – 2’, 2”, figs. 5, 6a) has at least two or more manipulating units (Choplin – a first manipulating unit having a half-plate 10a, and a cleat 3; and a second manipulating unit having a half-plate 10b, and a cleat 8, fig. 2), each of said two or more manipulating units mounted on the at least one independently motion controlled movers (Choplin – the first manipulating unit mounted on cleat rotor 4 and carriage rotor 14; and the second manipulating unit mounted on cleat rotor 9 and carriage rotor 15, fig. 2) of the manipulator transportation unit and adapted for manipulating the material component of the package in assembly present at the main transportation unit, wherein each of the at least two or more manipulating units comprises the engagement device (Choplin – the inside surface or surface of upstream cleat 3 that contacts the blanks 2 in the first manipulator unit and the inside surface or surface of downstream cleat 8 that contacts the blanks 2 in the second manipulator unit, fig. 2) for temporarily engaging the material component of the package in assembly while being in transit, and wherein the control unit (Choplin – “a centralized system”; ll. 349 – 350) enables the control of the at least two or more manipulating units and said tools for simultaneously manipulating the material component of the package in assembly (Choplin – ll. 349 – 350 describes the centralized system managing the instantaneous movements and positions of each rotor 4, 9).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Choplin (FR 3063973 A1), in view of Nitsch (WO 2014/202575 A1), in further view of Frank (US 10,894,673 B2).
Regarding claim 7, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
The modified Choplin does not explicitly disclose the at least one manipulating unit is wirelessly controlled and/or wireless powered and/or position sensed.
However, Frank, in the same field of endeavor, teaches having at least one manipulating unit (22, fig. 1) position sensed (Col. 3, l. 66 – col. 4, l. 3 describes position sensors to determine the exact positioning of the runners 2).
Frank is evidence that having the at least one manipulating unit position sensed was known and within the skill of one having ordinary skill in the art before the effective filling date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success incorporating these position sensors into the invention of the Choplin with the motivation to provide the exact positioning of the at least one manipulating unit and for defining the desired speed profile of the at least one manipulating unit (Col. 3, I. 66 —col. 4, I. 3).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Choplin (FR 3063973 A1), in view of Nitsch (WO 2014/202575 A1), in further view of Perl (EP 2500296 A1).
Regarding claim 12, Choplin, as modified by Nitsch, discloses the invention as recited in claim 1.
The modified Choplin does not explicitly disclose a change-over station for loading and/or receiving and storing inactive said at least one manipulating manipulation unit and/or for adaptation and/or adjustment of said at least one manipulating manipulation unit.
However, Perl, in the same field of endeavor, teaches a change-over station (section D, fig. 8) for loading and/or receiving and storing inactive at least one manipulating manipulation unit (25d, fig. 8) and/or for adaptation and/or adjustment of said at least one manipulating manipulation unit.
Perl is evidence that having the change-over station for loading and/or receiving and storing inactive at least one manipulating manipulation unit was known and within the skill of one having ordinary skill in the art before the effective filling date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success incorporating this change-over station into the invention of the Choplin. Additionally, it would have been obvious to one having ordinary skill in the art to have incorporated the change-over station of Perl into the invention of Choplin with the motivation to temporarily store unused manipulating manipulation units (ll. 858 – 861).
Response to Arguments
Applicant’s arguments, filed 22 September 2025, with respect to the rejection of claims 1, 3 – 6, 9, 11, and 13 – 16 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Choplin (FR 3063973 A1), in view of Nitsch (WO 2014/202575 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is (571)272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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/DAVID G SHUTTY/Examiner, Art Unit 3731
4 April 2026