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 submission entered October 3, 2025 in response to an Office Action mailed June 4, 2025 is acknowledged.
Claims 1, 3, 4, 10-12 are pending. Claim(s) 2, 5-9 is/are cancelled. Claim(s) 1 is/are currently amended. Claim(s) 10-12 is/are newly presented.
The objections to the drawings presented in the Office Action listed above are hereby withdrawn.
Response to Arguments
Applicant's arguments filed October 3, 2025 have been fully considered but they are not persuasive. Applicant argues ‘516 fails to teach “the first guide and the second guide being configured to move along two substantially parallel sliding directions to communicate with different accumulation channels and being configured to be controlled such that in response to the first guide being affected by a flow of the objects exiting from one of the accumulation channels with which the first guide is communicating, the second guide is configured to move to another accumulation channel to be emptied. However, ‘516 disclose the first and second unloading devices can be operated independently [Para. 42] and that the unloading device can be operated “in such a way that gaps in articles in a possible article outlet flow can be avoided” [Para. 46]. At Para. 62, ‘516 discloses, for the inlet distributors, the second inlet distributor can be moved while the first inlet distributor transfer objects to the intermediate storage device. It would be reasonable that a similar operation would occur with the outlet distributors in order to avoid a gap in the flow of articles.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the corresponding surfaces [Claim 10] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim(s) 11, the language “rotating disc configured to transfer objects entering or exiting the accumulation channel” renders the claim indefinite because the rotating disc is claimed are part of the unloading devices; therefore, it cannot be configured to transfer objects entering the accumulation channel.
Claim 12 is rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3, 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Document (WO2019011516 A1, copy and translation provided by applicant, hereafter ‘516).
Regarding Claim(s) 1, ‘516 teaches an apparatus for transferring and accumulating objects comprising: a plurality of accumulation channels (lines 101-120); a single-row conveyor belt (126) [Para. 33, “underlying conveyor belt of the inflow”] for conveying objects arranged upstream of the accumulation channels, wherein the objects advance one after the other in a single row; at least a first and a second transfer device (distributors 121, 122) arranged upstream of the accumulation channels for transferring the objects from the single-row conveyor belt to the accumulation channels, each transfer device being arranged and shaped so as to communicate with one of the accumulation channels (the manifolds connect to the lines), said at least the first and the second transfer device comprising respectively a first movable portion (distributor 121) and a second movable portion (distributor 122) which are movable along two parallel sliding directions (directions of guides 131, 132) so as to be arranged at different accumulation channels; and an alternative divider (123) configured to enable in turn the communication between the single-row conveyor belt and one of the transfer devices; and at least a first unloading device and a second unloading device arranged downstream of the accumulation channels, each of the first unloading device and the second unloading device being arranged and shaped so as to communicate with one of the accumulation channels. ‘516 teaches [Para. 39-54, 68,96, claim 4, “outlet distributor”, “outfeed manifold”] the device can have at least one or at least two movable article outlet distributors configured to receive articles from the intermediate storage device (which is lines 101-120), which are implied as having the same structure as the inlet distributors. The first unloading device and second unloading device comprise, respectively: a first guide (guide element 134) and a second guide (guide element 133) configured to communicate upstream with one of the accumulation channels to convey the objects away therefrom [Para. 39, “outlet distributors can be configured to receive articles from the at least one intermediate storage device”], the first guide and the second guide being configured to move along two substantially parallel sliding directions to communicate with different accumulation channels (just as the inlet distributors) and being configured to be controlled such that in response to the first guide being affected by a flow of the objects exiting from one of the accumulation channels with which the first guide is communicating, the second guide is configured to move to another accumulation channel to be emptied [Para. 46, “movable article outlet distributors…can also be…controlled…in such a way that gaps in articles…can be avoided”].
Regarding Claim(s) 3, ‘516 teaches each movable portion comprises: a loading guide (guiding elements 133, 134) arranged at one of the accumulation channels to guide the objects therein; and a carriage [Para. 78, “distributors 121, 122 can…be designed as…carriage”] associated with the loading guide to move it along the sliding direction.
Regarding Claim(s) 4, each transfer device comprises a feed channel (paths 127, 128) which receives objects from the single-row conveyor belt and is shaped so as to carry the objects towards the movable portion.
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.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘516 as applied to claim 1 above, and further in view of German Document (DE10312695B4, copy and machine translation attached, hereafter ‘695).
Regarding Claim(s) 11, ‘516 teaches said first and said second guides have one or more of a curvilinear section or a curved section (as illustrated), yet fails to teach inside of said curvilinear section or said curved section being arranged as a rotating disc configured to transfer objects entering or exiting the accumulation channel. ‘695 teaches an apparatus having a plurality of accumulation channels (1) and an unloading device (11, 14) having guides (11, 14), with a rotating disk (11) configured to transfer objects exiting the accumulation channel. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a rotating disc configured to transfer objects entering or exiting the accumulation channel inside of said curvilinear section or said curved section so that objects will move not be damaged during transfer. The moving disk will move with the objects rather than rub against the objects in the case of a stationary guide.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘516 in view of ‘695 as applied to claim 11 above, and further in view of Stiles (USPN 2560995).
Regarding Claim(s) 12, ‘516 teaches the limitations described above, yet fails to teach the rotating disc has a rubberized cover. Stiles (USPN 2560995) teaches rotating disks (wheels 45, 46) having rubberized covers (57, 58). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a rubberized cover on the rotating disc to increase the friction on the objects and move objects along the guide.
Allowable Subject Matter
Claims 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R HARP/ Primary Examiner, Art Unit 3653