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 .
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.
Claims 1-3, 6-9, 11, 13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borghi (EP 3656707).
Regarding claim 1, Borghi discloses a planar transport device (apparatus for transporting containers, Para.8) having
a driving surface (base element 20, Fig.2B) and
having at least one first platform (moving carrier 21),
which can be coupled electromagnetically to the driving surface and moved parallel to the driving surface (Para.9),
wherein the planar transport device comprises a payload space for arrangement of a payload (the respective carrier comprising a support surface which is configured to carry one or more containers, Para.8),
wherein the planar transport device comprises an inertial element (Fig.12) that is configured to translate across the first platform,
wherein the inertial element and the payload space are oriented relative to each other such that, deceleration of the first platform causes the translation of the inertial element at least partially across the first platform in an effective direction relative to the first platform, and wherein at least some kinetic energy of the inertial element is transferred to the payload space (Figs.5A-B, 6A-B, 12).
Regarding claim 2, Borghi further discloses wherein the planar transport device comprises a return device, which moves the inertial element contrary to the effective direction (platform actuator 27, Fig.3f).
Regarding claim 3, Borghi further discloses wherein the first platform comprises a first linear guide for guidance of the inertial element or an intermediate element (26), serving for placement of the inertial element (Fig.4d).
Regarding claim 6, Borghi further discloses wherein the intermediate element (26) is mounted rotatably on the first platform about an axis of rotation (Fig.3b).
Regarding claim 7, Borghi further discloses wherein the payload space is associated with the at least one first platform (container 40, Fig.12).
Regarding claim 8, Borghi further discloses wherein the inertial element forms, at least in an initial state, an at least partial boundary of the payload space (supporting surface 25, Fig.12).
Regarding claim 9, Borghi further discloses wherein the payload space is associated with a second platform (25), which can be coupled electromagnetically to the driving surface and which can move parallel to the driving surface (Fig.3b).
Regarding claim 11, Borghi further discloses a method for operating a planar transport device according to claim 1, wherein a payload is arranged in the payload space (40), wherein the inertial element and the payload space are oriented relative to each other such that, upon deceleration of the first platform due to movement of the inertial element relative to the first platform, at least some kinetic energy of the inertial element is transferred to the payload space and to the payload (without a dampening element, kinetic energy will be transferred).
Regarding claim 13, Borghi further discloses wherein the first platform (21) includes a first platform side (25) facing away from the driving surface (20), wherein the inertial element translates at least partially across the first platform side (Fig.12).
Allowable Subject Matter
Claims 4-5 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 4 and subsequent dependent claims. The prior art of record does not disclose or render obvious the intermediate element comprises a second linear guide for guidance of the inertial element.
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 10 and subsequent dependent claims. The prior art of record does not disclose or render obvious the inertial element comprises an extension section extending in the effective direction, which extends beyond the first platform at least in a deflected state of the inertial element.
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 12 and subsequent dependent claims. The prior art of record does not disclose or render obvious wherein upon movement of the first platform in an x- direction of the driving surface and then a deceleration of the first platform, the inertial element moves relative to an intermediate element, and wherein upon movement of the first platform in a y-direction of the driving surface, perpendicular to the x-direction of the driving surface, and then a deceleration of the first platform, the inertial element moves together with the intermediate element relative to the first platform.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, filed 6/15/2026, with respect to the 112 rejections, have been fully considered and are persuasive. The 112 rejections have been withdrawn.
Applicant’s arguments filed 6/15/2026 with respect to the 102 and 103 rejection of the claims have been fully considered and are not persuasive.
Regarding Applicant's argument contending that the previously made rejection does not disclose an inertial element which is movable relative to the first platform, inasmuch as Applicant had claimed this feature, it is disclosed by Borghi. And as such, any arguments pertaining to this element are considered nonpersuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday.
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/ASHLEY K ROMANO/Examiner, Art Unit 3652
/MARK C HAGEMAN/Primary Examiner, Art Unit 3652
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