Prosecution Insights
Last updated: April 19, 2026
Application No. 18/566,328

TRANSPORT DEVICE AND METHOD FOR OPERATING A TRANSPORT DEVICE

Non-Final OA §103
Filed
Dec 01, 2023
Examiner
DESAI, NAISHADH N
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
B&R Industrial Automation GmbH
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
893 granted / 1091 resolved
+13.9% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
28 currently pending
Career history
1119
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1091 resolved cases

Office Action

§103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/01/2024 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 § 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-10, 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0131860). A transport device having at least one transport segment (11), along which at least one transport unit (10) is moved at least one-dimensionally (abstract, paras 29, Figs 1,2, 6A, 6B), wherein a plurality of position sensors (12a-c, paras 41, 70), spaced apart from one another in the direction of movement, are provided on the transport segment (11) to generate a sensor signal (paras 41,70), whenever the transport unit (10) is in a sensor range of the corresponding position sensor (para 70), wherein a control unit (43) is provided in the transport device (paras 39-41), which control unit (43) is configured to determine a transport unit position of the transport unit relative to a defined reference point of the transport device as a function of the sensor signals received from the position sensors (Fig 8, paras 73-76, 100), wherein, a plurality of temperature sensors (201) spaced apart from one another in the direction of movement of the transport unit is provided in the transport device (P1-P3, paras 76-83), preferably on the transport segment, for detecting a local segment temperature of the transport segment (para 76) and/or wherein a temperature model for calculating the local segment temperatures is stored in the control unit, and wherein the control unit is configured to correct the transport unit position based on the determined local segment temperatures using a predefined correction model to take into account a thermal expansion of the transport segment (paras 67-71, 109). Suzuki et al. discloses the invention as discussed above, but in different embodiments. However, a skilled artisan would readily recognize the benefits of combining the teachings of Suzuki et al. to make applicant’s claimed invention per above, since it would provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to combine Suzuki et al.’s teaching to make applicant’s currently claimed invention above. The motivation to do so is that it would provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Regarding claim 2/1, Suzuki et al. discloses wherein the correction model comprises a temperature-dependent correction factor of the transport segment, and in that the control unit is configured to multiply the determined transport unit position by the temperature-dependent correction factor to correct the transport unit position (para 67). Regarding claim 3/1, Suzuki et al. discloses wherein, a sensor position for a predetermined reference temperature is determined for each of the plurality of position sensors (para 73), in that the correction model comprises the determination of a sensor offset for each of the position sensors on the basis of the determined local segment temperatures, the reference temperature, and a predetermined expansion factor of the transport segment (paras 67-73), and in that the control unit is configured to determine a corrected sensor position for each position sensor based on the determined sensor offsets and to correct the transport unit position based on the corrected sensor positions (paras 73-89). Regarding claim 4/1, Suzuki et al. discloses the invention as discussed above, except wherein at least one of the temperature sensors is arranged at the same position as one of the position sensors on the transport segment, and/or in that at least one of the position sensors and at least one of the temperature sensors are structurally combined. However, a skilled artisan would readily recognize the benefits of wherein at least one of the temperature sensors is arranged at the same position as one of the position sensors on the transport segment, and/or in that at least one of the position sensors and at least one of the temperature sensors are structurally combined, since it would depend on available space, desired accuracy and provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Suzuki et al. wherein at least one of the temperature sensors is arranged at the same position as one of the position sensors on the transport segment, and/or in that at least one of the position sensors and at least one of the temperature sensors are structurally combined. The motivation to do so is that it would be based on cost and available space and permit one to provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Regarding claim 5/1, Suzuki et al. discloses wherein the transport segment has a segment carrier (15) which is attached—preferably centrally in the direction of movement—to a stationary guide device (14) of the transport device by a fixed bearing having a known attachment position relative to the defined reference point of the transport device (rails 14 are coated with a lubricant), wherein the plurality of position sensors (12a-c) are arranged on the segment carrier (15), and in that the control unit (43) is configured to correct the transport unit position starting from the attachment position, and in particular to determine the sensor offsets (X and 106) of the position sensors starting from the attachment position (paras 73-76). Regarding claim 6/1, Suzuki et al. discloses wherein, at least one stator unit (18) is provided, on the transport segment (11), preferably on the segment carrier (15), on which several drive coils (13) are arranged one behind the other in at least one arrangement direction defining a direction of movement of the transport unit (Figs 4A-C), wherein the drive coils are controlled by the control unit (43) to interact electromagnetically with the transport unit to generate a drive force for an at least one-dimensional movement of the transport unit in the direction of movement (para 52), or wherein a stator unit is provided on the transport segment, preferably on the segment carrier, on which several drive coils are arranged one behind the other in at least two different arrangement directions, which each define a direction of movement of the transport unit, wherein the drive coils are controlled by the control unit to interact electromagnetically with the transport unit to generate a drive force for an at least two-dimensional movement of the transport unit in two directions of movement. Regarding claim 7/1, Suzuki et al. discloses wherein the plurality of position sensors (12a-c) and/or the plurality of temperature sensors (201) are arranged on a sensor plate (17, Fig 4A) running in parallel to the transport segment, in particular to the stator unit (11, para 29), in the direction of movement of the transport unit, wherein the sensor plate (17, Fig 4A) is preferably arranged on the segment carrier (15). Regarding claim 8/5, Suzuki et al. discloses wherein the stator unit is made of a ferrous material having a known coefficient of expansion, and/or in that the segment carrier is made of a material, preferably containing aluminum, having a known coefficient of expansion, and in that the coefficient of expansion of the stator unit and/or the coefficient of expansion of the segment carrier are taken into account in the correction model (paras 44-52, 59-61, 67-70, 76-86). Suzuki et al. discloses the claimed invention except for the use of a ferrous material or aluminum. It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to use a ferrous material or aluminum, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The motivation to do so would be based on cost and weight. Regarding claim 9/7, Suzuki et al. discloses wherein the correction model comprises the determination of a displacement of the sensor plate based on a temperature of the sensor plate, on a displacement coefficient of the sensor plate, and on the reference temperature, and in that the control unit is configured to determine a total sensor offset of the at least one position sensor from the displacement of the sensor plate and the determined sensor offset, and to use the total sensor offset to determine the corrected sensor position (paras 44-52, 59-61, 67-70, 76-86). Regarding claim 10, Suzuki et al. discloses: A method for operating a transport device (abstract) having at least one transport segment (11), along which at least one transport unit (10) is moved at least one-dimensionally (abstract, paras 29, Figs 1,2, 6A, 6B), wherein a plurality of position sensors (12a-c, paras 41,70), spaced apart from one another in the direction of movement, are provided on the transport segment (11), wherein the position sensors (12a-c) each generates a sensor signal, (paras 41,70) when the transport unit is moved into a sensor range of the corresponding position sensor, wherein a control unit (43) determines a transport unit position of the transport unit relative to a defined reference point of the transport device on the basis of the sensor signals received from the position sensors (Fig 8, paras 73-76, 100), wherein a local segment temperature of the transport segment is detected in each case by a plurality of temperature sensors (201) spaced apart from one another in the direction of movement of the transport unit (P1-P3, paras 76-83), and/or wherein local segment temperatures of the transport segment are determined by a temperature model of the transport segment implemented in the control unit, and wherein the control unit corrects the transport unit position based on the determined local segment temperatures using a predefined correction model to take into account a thermal expansion of the transport segment (paras 67-71, 109). Suzuki et al. discloses the invention as discussed above, but in different embodiments. However, a skilled artisan would readily recognize the benefits of combining the teachings of Suzuki et al. to make applicant’s claimed invention per above, since it would provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to combine Suzuki et al.’s teaching to make applicant’s currently claimed invention above. The motivation to do so is that it would provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Regarding claim 12/10, Suzuki et al. discloses wherein, a sensor position (P1-P4) is determined for a predetermined reference temperature (106, para 73) for each of the plurality of position sensors, in that the correction model comprises a determination of a sensor offset for each of the position sensors based on the determined local segment temperatures (201, para 73), the reference temperature and a predetermined expansion factor of the transport segment, and in that the control unit (43) determines a corrected sensor position for each position sensor based on the determined sensor offsets and corrects the transport unit position based on the corrected sensor positions (para 67). Regarding claim 13/10, Suzuki et al. discloses the invention as discussed above, except wherein at least one of the temperature sensors is arranged at the same position as one of the position sensors, and/or in that at least one position sensor and one temperature sensor are used which are structurally combined. However, a skilled artisan would readily recognize the benefits of wherein at least one of the temperature sensors is arranged at the same position as one of the position sensors, and/or in that at least one position sensor and one temperature sensor are used which are structurally combined, since it would depend on available space, desired accuracy and provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Suzuki et al. wherein at least one of the temperature sensors is arranged at the same position as one of the position sensors, and/or in that at least one position sensor and one temperature sensor are used which are structurally combined. The motivation to do so is that it would be based on cost and available space and permit one to provide a transport system capable of precise positioning while suppressing deviation of a relative position between a transport carriage (moving portion) and a fixed portion (para 9). Regarding claim 14/10, Suzuki et al. discloses wherein the transport segment has a segment carrier (15) which is attached, preferably centrally in the direction of movement, to a stationary guide device (rail 14) of the transport device with a fixed bearing (rails 14 are lubricated with a coating) having a known attachment position relative to the defined reference point of the transport device, wherein the plurality of position sensors (12a-c) are arranged on the segment carrier (15), and in that the control unit (43) corrects the transport unit position starting from the attachment position, and in particular determines the sensor offsets of the position sensors starting from the attachment position (para 73). Regarding claim 15/10, Suzuki et al. discloses wherein, a stator unit (18) is provided on the transport segment, preferably on the segment carrier (15), on which several drive coils (13) are arranged one behind the other in at least one arrangement direction defining a direction of movement of the transport unit, wherein the drive coils are actuated by the control unit (43) to electromagnetically interact with the transport unit to generate a drive force, which moves the transport unit at least one-dimensionally in the direction of movement (para 52), or wherein a stator unit is provided on the transport segment, preferably on the segment carrier, on which several drive coils are arranged one behind the other in at least two different arrangement directions, which each define a direction of movement of the transport unit, wherein the drive coils are actuated by the control unit to electromagnetically interact with the transport unit to generate a drive force, which moves the transport unit at least two-dimensionally in the at least two directions of movement. Regarding claim 16/10, Suzuki et al. discloses wherein the plurality of position sensors (12a-c, Figs 4A-C) and/or the plurality of temperature sensors are arranged on a sensor plate (17) running in parallel to the transport segment, and in particular to the stator unit, (11) in the direction of movement of the transport unit (10), wherein the stator unit (18) and/or the sensor plate (17) are preferably arranged on the segment carrier (15). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0131860) in view of Emoto (US 2001/0001248). Regarding claim 11/10, Suzuki et al. discloses the invention as discussed above, except wherein the correction model comprises a temperature-dependent correction factor of the transport segment, and in that the control unit multiplies the determined transport unit position by the temperature-dependent correction factor to correct the transport unit position. Emoto teaches an apparatus wherein the correction model comprises a temperature-dependent correction factor of the transport segment, and in that the control unit multiplies the determined transport unit position by the temperature-dependent correction factor to correct the transport unit position (para 19). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Suzuki et al. wherein the correction model comprises a temperature-dependent correction factor of the transport segment, and in that the control unit multiplies the determined transport unit position by the temperature-dependent correction factor to correct the transport unit position, as Emoto teaches. The motivation to do so is that it would provide an apparatus of higher reliability and reduced cost, in which, with respect to the cooling of the apparatus, simplification of structure and reduction of cost are accomplished and also the cooling effect is significantly improved (para 11 of Emoto). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see PTO-892 for details. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAISHADH N DESAI whose telephone number is (571)270-3038. The examiner can normally be reached 9-5. 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, Christopher M Koehler can be reached at 571-272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. NAISHADH N. DESAI Primary Examiner Art Unit 2834 /NAISHADH N DESAI/ Primary Examiner, Art Unit 2834
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Prosecution Timeline

Dec 01, 2023
Application Filed
Dec 03, 2025
Non-Final Rejection — §103
Apr 07, 2026
Examiner Interview Summary
Apr 07, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
91%
With Interview (+8.7%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1091 resolved cases by this examiner. Grant probability derived from career allow rate.

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