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 .
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: handling tool, holding apparatus (Claims 21-31,34-43), gripping tool (Claims 27,42), gripping element (Claim 27), filling tool (Claims 28,43), separating element (Claims 37-43), metering device (Claim 40), and covering device (Claim 41).
Also, (pharmaceutical) packaging means is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 40 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The controller is new matter. A controller is a specific term of art that is not originally disclosed. The (112(f)) term “a control device 70” is not a controller to a PHOSITA. Further, item 70 in FIG. 2 is a black box that does not denote structure of the control device.
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.
Claim(s) 21-31 and 34-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Procyshyn et al. (US 2016/0184986) (“Procyshyn”) in view of Yabumoto (JP 2003-266344 A).
Procyshyn discloses:
Claim 21: pharmaceutical packaging means (FIG. 2; via 204/240),
two or more segments (110/230) movable relative to one another on at least one joint device, at least one drive device (in 102; para. [0034]-[0035]) for moving the two or more segments relative to one another, and a handling tool (204/240) for handling the packaging means, wherein the two or more segments comprise a start segment which is fixed or is configured to be fixed on a holding apparatus for the handling apparatus, as well as an end segment on which the handling tool is held or which comprises the handling tool, wherein the handling apparatus comprises at least one line which is guided through at least two segments of the two or more segments and at least one joint device to the handling tool (FIG. 2; para. [0045], “The spindle 121 can be hollow…”/etc.; 121/120/131 being hollow for line implies 115/etc. are hollow);
(Re. at least one line, Procyshyn discloses the possibility of placing the motors for driving the at least one drive device in at least one segment of the two or more segments in para. [0052] and [0053]. “The elbow housing 118 can include a motor and, in some embodiments suitable encoders, therein to drive the hub 126, rather than including the above-described pulley system.” “The elbow joint 120 can include a motor, and, in some embodiments, suitable sensors and encoders, to drive the end joint 240 using a similar pulley system within the second arm segment 230. The end joint 240 can include a motor configured to drive the end effector 204. Various combinations of the above-described drive systems can be used to drive portions of the articulated arm 100 or 200. Determination of which drive system or combination of drive systems to use with the articulated arm 100 and/or 200 can depend on various factors. These include, but are not limited to, desired inertial characteristics of the articulated arms 100 and 200 and portions thereof, the power needed to drive various portions of the articulated arms 100 and 200, the size of various portions of the articulated arms 100 and 200, and the size of the motors used for actuation of various portions of the articulated arms 100 and 200, etc.”)
Claim 22: wherein the at least one line is guided from the start segment to the end segment through the two or more segments (para. [0045]);
Claim 23: wherein a pharmaceutically compliant design of the handling apparatus is provided, comprising a pharmaceutically compliant seal of the handling apparatus in the region of at least one joint device (para. [0033]);
Claim 24: wherein the at least one joint device is a pivot device, and wherein the segments are configured to be pivoted relative to one another about a pivot axis by the drive device (FIG. 2);
Claim 25: wherein the handling apparatus comprises more than two segments, wherein two segments are in each case movably connected to one another via a respective drive device on a joint device (at least 112/110/230/240);
Claim 26: wherein two or more of the more than two segments joint devices are configured as pivot devices, and wherein two or more pivot axes are oriented in parallel to one another, and/or wherein two pivot axes are oriented perpendicularly to one another (FIG. 2);
Claim 27: wherein the handling tool is a gripping tool which comprises at least one gripping element for gripping at least one packaging means (FIG. 2);
Claim 28: wherein the handling tool is a filling tool which comprises at least one filling element for filling a substance into at least one container (para. [0083]; FIG. 16);
Claim 29: wherein the at least one line comprises, is or forms at least one of the following:
an electrical line for supplying energy and/or for controlling a drive device of the handling tool;
a feed line through which a substance for filling into the containers is feedable;
a negative pressure fluid line for applying negative pressure to the packaging means for gripping the packaging means (para. [0041], “The end effector 104 can include other devices in addition to or instead of the fill needle 104, such as one or more of a vacuum cup…”);
a discharge fluid line for discharging a fluid from the handling tool (para. [0083], “fill(ing)”; FIG. 16 imply this);
Claim 30: wherein the at least one line extends completely within the handling tool at the end segment, or wherein the at least one line exits from the end segment and extends in sections outside the handling tool (para. [0083]; FIG. 16 imply this);
Claim 31: wherein at least one segment is a hollow shaft or comprises a hollow shaft through which the at least one line is guided (para. [0045]);
Claim 34: wherein the handling apparatus comprises a drive device via which at least one segment is translationally movable (112; “The bellows 124 can be configured to cover the portion of the shoulder shaft 112 that extends from the base 102 in a raised or extended position of the shoulder shaft 112”);
Claim 35: wherein the start segment is translationally movable, and the drive device is arranged on the holding apparatus (112; FIG. 2);
Claim 36: wherein the handling apparatus comprises a Scara robot (FIG. 2);
Claim 37: pharmaceutical packaging means (FIG. 2; via 204/240), comprising at least one handling apparatus and a holding apparatus on which the handling apparatus is held,
the handling apparatus comprising two or more segments (110/230) movable relative to one another on at least one joint device, at least one drive device (in 102; para. [0034]-[0035]) for moving the two or more segments relative to one another, and a handling tool (204/240) for handling the packaging means, wherein the segments comprise a start segment which is fixed or is configured to be fixed on a holding apparatus for the handling apparatus, as well as an end segment on which the handling tool is held or which comprises the handling tool, wherein the handling apparatus comprises at least one line which is guided through at least two segments of the two or more segments and at least one joint device to the handling tool (FIG. 2; para. [0045], “The spindle 121 can be hollow…”/etc.; 121/120/131 being hollow for line implies 115/etc. are hollow),
wherein the holding apparatus comprises or forms a separating element (103) and defines a first zone and a second zone which are separated from one another by means of the separating element, wherein the handling tool is arranged in the second zone, and the at least one line is guided from the first zone into the second zone through at least one through-opening in the separating element (FIG. 2-3);
(Re. at least one line, Procyshyn discloses the possibility of placing the motors for driving the at least one drive device in at least one segment of the two or more segments in para. [0052] and [0053]. “The elbow housing 118 can include a motor and, in some embodiments suitable encoders, therein to drive the hub 126, rather than including the above-described pulley system.” “The elbow joint 120 can include a motor, and, in some embodiments, suitable sensors and encoders, to drive the end joint 240 using a similar pulley system within the second arm segment 230. The end joint 240 can include a motor configured to drive the end effector 204. Various combinations of the above-described drive systems can be used to drive portions of the articulated arm 100 or 200. Determination of which drive system or combination of drive systems to use with the articulated arm 100 and/or 200 can depend on various factors. These include, but are not limited to, desired inertial characteristics of the articulated arms 100 and 200 and portions thereof, the power needed to drive various portions of the articulated arms 100 and 200, the size of various portions of the articulated arms 100 and 200, and the size of the motors used for actuation of various portions of the articulated arms 100 and 200, etc.”)
Claim 38: wherein the start segment passes through the at least one through-opening, in each case is arranged in sections in the first zone and in the second zone and is fixed so as to be movable on the separating element by means of a holding element (FIG. 2; para. [0045], “The spindle 121 can be hollow…”/etc.; 121/120/131 being hollow for line implies 115/etc. are hollow);
Claim 39: wherein the holding apparatus comprises or forms a substructure for the handling apparatus, wherein the separating element is or forms a support element (FIG. 2);
Claim 40: wherein at least one of the following is arranged in the first zone:
at least one drive device for at least one of rotating and translationally moving the handling apparatus relative to the holding apparatus;
at least one pump for providing a negative pressure through at least one line on the handling tool;
at least one metering device for a substance which is fillable through at least one line into the containers;
at least one of an energy supply for the at least one drive device and a controller for controlling the at least one drive device of the handling apparatus (at least within 102; para. [0041], “The end effector 104 can include other devices in addition to or instead of the fill needle 104, such as one or more of a vacuum cup…” requires a pump and/or metering device; para. [0083], “fill(ing)” requires a pump and/or metering device; FIG. 16 imply this; controller at least in para. [0034]);
Claim 41: wherein the handling system comprises a covering device (“isolator chamber” has this) which covers the handling apparatus at the second zone and provides a protective atmosphere in the second zone.
Claim 42: wherein the handling system is a gripping system, wherein the handling tool is a gripping tool (para. [0041]/[0043]);
Claim 43: wherein the handling system is a filling system, wherein the handling tool is a filling tool (para. [0041]/[0043]).
Procyshyn does not directly show:
Claim 21: wherein at least one segment of the two or more segments comprises or forms a housing with a receiving space through which the at least one line is guided in a direction of the end segment, and the at least one drive device being arranged in the housing, and
wherein the handling apparatus comprises at least one additional line which is operatively connected to the at least one drive device and which is guided through the start segment and at least one additional segment of the two or more segments to the at least one drive device,
the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device;
Claim 37: wherein at least one segment of the two or more segments comprises or forms a housing with a receiving space through which the at least one line is guided in the direction of the end segment, and the at least one drive device being arranged in the housing, and
wherein the handling apparatus comprises at least one additional line which is operatively connected to the at least one drive device and which is guided through the start segment and at least one additional segment of the of the two or more segments to the at least one drive device,
the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device.
Yabumoto shows a similar device having:
Claim 21: wherein at least one segment of the two or more segments comprises or forms a housing with a receiving space through which the at least one line is guided in a direction of the end segment, and the at least one drive device being arranged in the housing, and
wherein the handling apparatus comprises at least one additional line which is operatively connected to the at least one drive device and which is guided through the start segment and at least one additional segment of the two or more segments to the at least one drive device,
the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device;
(“[0046] Next, in the SCARA robot 1, a wiring method called a wire harness 50, for example, a [electrical] power line for driving a motor, a control signal line, and a user wiring will be described.”; figure 1);
Claim 37: wherein at least one segment of the two or more segments comprises or forms a housing with a receiving space through which the at least one line is guided in the direction of the end segment, and the at least one drive device being arranged in the housing, and
wherein the handling apparatus comprises at least one additional line which is operatively connected to the at least one drive device and which is guided through the start segment and at least one additional segment of the of the two or more segments to the at least one drive device,
the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device;
(“[0046] Next, in the SCARA robot 1, a wiring method called a wire harness 50, for example, a [electrical] power line for driving a motor, a control signal line, and a user wiring will be described.”; figure 1);
with a reasonable expectation of success for the purpose of downsizing a SCARA robot to use less space for the SCARA robot by reducing the size of the base (para. [0011]-[0012]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Procyshyn as taught by Yabumoto and include Yabumoto’s similar device having:
Claim 21: wherein at least one segment of the two or more segments comprises or forms a housing with a receiving space through which the at least one line is guided in a direction of the end segment, and the at least one drive device being arranged in the housing, and
wherein the handling apparatus comprises at least one additional line which is operatively connected to the at least one drive device and which is guided through the start segment and at least one additional segment of the two or more segments to the at least one drive device,
the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device;
Claim 37: wherein at least one segment of the two or more segments comprises or forms a housing with a receiving space through which the at least one line is guided in the direction of the end segment, and the at least one drive device being arranged in the housing, and
wherein the handling apparatus comprises at least one additional line which is operatively connected to the at least one drive device and which is guided through the start segment and at least one additional segment of the of the two or more segments to the at least one drive device,
the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device;
with a reasonable expectation of success for the purpose of downsizing a SCARA robot to use less space for the SCARA robot by reducing the size of the base.
Response to Arguments
Applicant’s arguments, see pp. 7-11, filed 5 December 2025, with respect to the rejection(s) of claim(s) 21-43 under Procyshyn 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 Procyshyn and Yabumoto.
Conclusion
Applicant's amendment (“the at least one additional line being an electrical line for at least one of supplying energy and controlling the at least one drive device”) 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 Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652