Prosecution Insights
Last updated: August 06, 2026
Application No. 18/571,960

DEVICE FOR REMOVING OR SETTING ASIDE PRODUCT SEGMENTS FROM A PRODUCT FLOW IN THE ENERGY-CELL MANUFACTURING INDUSTRY

Non-Final OA §102
Filed
Dec 19, 2023
Priority
Jul 12, 2021 — DE 10 2021 207 346.8 +1 more
Examiner
GRANNUM, VERITA EUDORA EBUN
Art Unit
Tech Center
Assignee
Körber Technologies GmbH
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
17 granted / 26 resolved
+5.4% vs TC avg
Strong +58% interview lift
Without
With
+57.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
33 currently pending
Career history
73
Total Applications
across all art units

Statute-Specific Performance

§103
61.6%
+21.6% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 resolved cases

Office Action

§102
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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, and 8-11 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Oguchi (US 20190270220 A1). Regarding claim 1, Oguchi discloses a device (para. 0047, a sheet manufacturing apparatus, item 100) for removing or branching-off product segments from a product flow in the energy-cell manufacturing industry (para. 0047, [a sheet manufacturing apparatus 100 includes … a cutting unit]), characterised in that the device has at least one switchable dispenser (para. 0121, the apparatus includes a cutting unit [item 90]) which is set up to remove a product segment from the product flow as a result of a switch signal (Examiner notes that the switch signal is in the form of the drive IC 392.) (para. 0137, [the drive ICs 372 to 394 are circuits that supply a drive current to the drive units in accordance with control of the main processor and are configured with electric power semiconductor elements or the like]) (Fig. 2, 392 is connected to the cutting unit). Regarding the recitation of claim 1, “in the energy-cell manufacturing industry”, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113. Regarding claim 2, Oguchi discloses the device according to claim 1, wherein the device has a collecting device that can be arranged to receive a product segment removed from the product flow by the dispenser (Fig. 2, item 96, discharge unit) (para. 0122, [the single cut sheet S that is cut is discharged to a discharge unit 96. The discharge unit 96 includes a tray or a stacker on which the sheet S of a predetermined size is placed.]). Regarding claim 3, Oguchi discloses the device according to claim 2, wherein the collecting device has at least one collection container (Fig. 2, item 96, discharge unit) that can be arranged below the dispenser (Fig. 2, the discharge unit is arranged below the dispenser). Regarding claim 8, Oguchi discloses the device according to claim 1, wherein the device has a holding device (para. 0107, pressing unit – 82) (Fig. 1, 82 is part of the sheet forming unit 80) for exerting a holding force on the product segment in the product flow (para. 0107, the pressing unit … presses the second web by pinching at a set nip pressure), wherein the switchable dispenser (item 90) (para. 0121, the cutting unit 90 cuts the sheet S formed by the sheet forming unit 80) is set up to reduce or cancel the holding force as a result of a switch signal (para. 0107, signal that controls the pressure unit drive motor 337) (para. 0157, [the pressing unit drive motor 337 is a motor that drives the calender rollers 85 of the pressing unit 82, and is connected to the drive unit I/F 115 through the drive IC 387].). Regarding claim 9, Oguchi discloses the device according to claim 1, wherein the dispenser (Fig. 1, item 90) has at least one rotatably driven dispensing drum (Fig. 1 and para. 0091, item 61, the drum unit 61 is a cylindrical sieve that is rotationally driven by a motor]) (Fig. 1 shows the drum [61] is upstream of the dispenser [90] and is connected to it) and the holding device (item 82, and item 85 are the rollers of item 82) is set up to hold and transport at least one product segment by means of suction force on the lateral surface of the dispensing drum (para. 0170, the calender rollers 85 rotate by the drive force of the pressing unit drive motor 337 and transport the second web W2 having high density after pressing toward the heating unit 84 ) (Fig. 1 shows that 82 is upstream from item 90, and the W2 is transported downstream), wherein the switchable dispenser (item 90) is set up to reduce or cancel the suction force as a result of a switch signal (para. 0107, signal that controls the pressure unit drive motor 337) (para. 0157, [the pressing unit drive motor 337 is a motor that drives the calender rollers 85 of the pressing unit 82, and is connected to the drive unit I/F 115 through the drive IC 387].). Regarding claim 10, Oguchi discloses the device according to claim 9, wherein the switchable dispenser (item 90) has at least one switchable valve (para. 0137, [the control device 110 is connected to each drive unit]) arranged in a vacuum device (the control device 110 is connected to the suction mechanism – which serves as a vacuum device- and a suction blower) for interrupting the vacuum acting upon a product segment (Fig. 1 and para. 0097, the second web W2 – part of the product segment – is controlled by the control device 110 which is connected to each drive unit- including the drive unit connected to the suction mechanism- vacuum device) (para. 0013, explains that the control unit of the device can control the product flow speed through the device). Regarding claim 11, Oguchi discloses the device according to claim 1, wherein a dispensing-side compressed air device (para. 0159, item 343) which is switchable by means of a valve (para. 0137, [the control device 110 is connected to each drive unit])(para. 0159, [The vaporization type humidifier 343 is connected to the drive unit I/F 115 through the drive IC 389 and switches sending of air to the filter ON/OFF in accordance with control of the control unit 150]) is provided for guiding compressed air (para. 0159, [by sending air to the filter]) to a dispensing point of the dispenser (para. 0159, [Accordingly, the humidifying units 202 , 204 , 206 , and 208 supply the humidified air supplied by the vaporization type humidifier 343 to the … the accumulating unit 60]) (Examiner notes that guiding the air from unit 208 to unit 60, ultimately guides the air to a dispensing point of the dispenser [item 90]). Claims 1-8 and 11-20 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Krapf (US 20210163249 A1). Regarding claim 1, Krapf discloses a device (Fig. 1 and Fig. 2, item 1- device for stacking card-like data carriers) for removing or branching-off product segments from a product flow in the energy-cell manufacturing industry (para. 0008, [The stacking unit is arranged to selectively release certain ones of the card - like data carriers conveyed along the conveying device from the latter in order to transfer them directly — i . e . in particular without intermediate processing , intermediate transport or intermediate storage into a card magazine and to stack them therein when the card magazine is arranged in a stacking area at a stacking position which , in relation to the direction of gravity , is situated below the conveying path]), characterised in that the device has at least one switchable dispenser (Fig. 1, 2a-2b) which is set up to remove a product segment from the product flow as a result of a switch signal (para. 0073, [signals can be evaluated by a control device … The control device can for example be (i) a global control device for the entire device or a control device only for the transport and the handling of the card magazines by the device or a control device specifically of the card magazine feeding device only]). Regarding the recitation of claim 1, “in the energy-cell manufacturing industry”, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113. Regarding claim 2, Krapf discloses the device according to claim 1, wherein the device has a collecting device (Fig. 1, item 8s) that can be arranged to receive a product segment removed from the product flow by the dispenser (Fig. 1, item 8s, stack carrier element). Regarding claim 3, Krapf discloses the device according to claim 2, wherein the collecting device has at least one collection container (Fig. 1, shows at least two collecting devices - item 8a and 8b – card magazines) that can be arranged below the dispenser (Fig. 1, 8a and 8b are below items 2a-2b). Regarding claim 4, Krapf discloses the device according to claim 2, wherein at least one portion of the collecting device (item 8s) is moveable, adjustable, displaceable or pivotable, between different removal positions (claim 14, the device wherein the lifting device for moving stack carrier elements 8s). Regarding claim 5, Krapf discloses the device according to claim 2, wherein the collecting device comprises a conveying device (Fig. 1, items 4 and 6 comprise the conveying device from which the product [item 5 data carriers] are eventually dispensed into the collecting device [8s]) (para. 0058, [In order to transport the data carriers 5, a combination of a feeding device 6, which may in particular be constructed as a conveyor or a vacuum belt, as well as a conveying device 4 joining onto this, is provided]). Regarding claim 6, Krapf discloses the device according to claim 2, wherein the collecting device comprises a plurality of collection containers which can be assigned to different removal positions (Fig. 1, shows at least two collecting devices - item 8a and 8b – card magazines). Regarding claim 7, Krapf discloses the device according to claim 2, wherein a buffer device (Fig. 1, 11a and 11b – which are a part of elimination area D) (para. 0066, an elimination area D may be provided which serves to collect data carriers [5] which may have not been transferred to one of the card magazines [8a and 8b of 8s]) for intermediate storage of the removed product segments is provided between the dispenser (Fig. 1, 2a-2b) and the collecting device (Fig. 1, 8s). Regarding claim 8, Krapf discloses the device according to claim 1, wherein the device has a holding device (Fig. 1, item 4) for exerting a holding force on the product segment in the product flow (Fig. 1, item 4 holds the product flow of item 5), wherein the switchable dispenser (Fig. 1, item 2) is set up to reduce or cancel the holding force as a result of a switch signal (para. 0073, [signals can be evaluated by a control device … The control device can for example be (i) a global control device for the entire device or a control device only for the transport and the handling of the card magazines by the device or a control device specifically of the card magazine feeding device only]). Regarding claim 11, Krapf discloses the device according to claim 1, wherein a dispensing-side compressed air device (Fig. 1, item 2a-2b) which is switchable by means of a valve (para. 0063, additional components contain one or more pins) (para. 0063, [one or more additional components are provided on … the stacking unit 2 when activated accordingly , transmit a mechanical impulse to the data carrier selected by the inspection device 3, which mechanical impulse is directed in the direction of the corresponding card magazine located underneath. In particular, the additional components transmit an impact on the main face of the data carrier 5 facing towards the conveying device 4, so that the data carrier 5 is released from the conveying device 4 and is transferred into the corresponding card magazine located underneath]) is provided for guiding compressed air (para. 0064, [for each of the compressed air units 2a, 2b, … data carriers [5] which have been blown off by the respective compressed air units 2a or 2b) to a dispensing point of the dispenser (Fig. 1, the dispensing point is indicated by the solid arrows below the 2a and 2b boxes). Regarding claim 12, Krapf discloses the device according to claim 1 for branching-off product segments from a product flow in the energy-cell manufacturing industry, wherein the device has a rotatably driven dispensing drum (See Fig. 1 below) which is set up to hold and transport a product segment by means of suction force on the lateral surface of the dispensing drum (para. 0058, [can also optionally be constructed as a vacuum conveyor belt]), and a rotatably driven receiving drum (See Fig. 1 below) having at least one vacuum sector which can be acted upon with vacuum in order to hold and transport a product segment on the lateral surface of the receiving drum by means of suction force (claim 6, [is arranged to convey the data carriers ( 5 ) in such a way that they are fixed to the conveying device ( 4 ) in the hanging mode of transport by suction]), wherein the device is controllable such that, as a result of a switch signal for transferring a product segment (para. 0073, [signals can be evaluated by a control device … The control device can for example be (i) a global control device for the entire device or a control device only for the transport and the handling of the card magazines by the device or a control device specifically of the card magazine feeding device only]), at least in a transfer region between both drums a higher suction force is generated on the receiving drum in relation to the suction force on the dispensing drum (See Fig. 1) (For this purpose , the device 1 has a transfer section B , in which the conveying device 4 is arranged above the feeding device 6 in such a way that data carriers 5 transported on the feeding device 6 in a lying mode of transport can be transferred to the conveying device 4 located above it , in order subsequently to be transported by this in a hanging mode of transport to the stacking unit 2.) (Examiner notes that there is a higher suction force generated on the receiving drum, which allows the product [data carrier 5] to be transferred from the conveyer belt of the dispensing drum to the conveyer belt of the receiving drum, as indicated by the solid diagonal arrow in transfer section B of Fig. 1). PNG media_image1.png 892 1292 media_image1.png Greyscale Regarding the recitation of claim 12, “in the energy-cell manufacturing industry”, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113. Regarding claim 13, Krapf discloses the device according to claim 12, wherein, to avoid a transfer for the purpose of further conveyance of a product segment on the dispensing drum, a receiving-side compressed air device (Fig. 1, item 2c-2d) which is switchable for example by means of a valve (para. 0063, additional components contain one or more pins) is provided for guiding compressed air to a receiving point of the receiving drum (See Fig. 1, the receiving point is indicated by the solid arrows below boxes 2c and 2d). Regarding claim 14, Krapf discloses the device according to claim 11, wherein the dispensing-side compressed air device (Fig. 1, 2a-2b) and the receiving-side compressed air device (Fig. 1, 2c-2d) are connected so that only one of the two compressed air lines applies compressed air to the associated dispensing point or receiving point at any one point in time (para. 0063, [when activated accordingly , transmit a mechanical impulse to the data carrier selected by the inspection device 3 , which mechanical impulse is directed in the direction of the corresponding card magazine located underneath]) (Examiner notes that either the dispensing-side or the receiving-side air device is selected based on the inspection device 3] Refer to para. 0062 [can be transferred selectively, in particular depending on the result of their inspection previously having taken place at the inspection device 3].). Regarding claim 15, Krapf discloses the device according to claim 12, wherein the receiving drum has at least one suction pressure-free sector which does not have suction pressurisation or has a lower suction pressurisation relative to the suction force on the dispensing drum (para. 0021, [In addition, this type of fixation by suction is particularly advantageous in view of the subsequent releasing and stacking of the data carriers since this can be achieved merely by reducing or terminating the suction so that the data carrier to be released detaches itself from the conveying device due to gravity]). Regarding claim 16, Krapf discloses the device according to claim 15, wherein the rotational position of the receiving drum is controllable in such away that the suction pressure-free sector can be positioned in the transfer region for the further conveyance of a product segment on the dispensing drum (para. 0021, [In addition, this type of fixation by suction is particularly advantageous in view of the subsequent releasing and stacking of the data carriers since this can be achieved merely by reducing or terminating the suction so that the data carrier to be released detaches itself from the conveying device due to gravity]), and the vacuum sector can be positioned in the transfer region for the transfer of a product segment at the receiving drum (Fig. 1, within the transfer section B, the vacuum sector of conveyer item 4 and receiving drum, transfers the product from conveyer [item 6] to conveyer [item 4]). Regarding claim 17, Krapf discloses a machine of the energy-cell manufacturing industry, comprising at least one device according to claim 1 (Fig. 1 and Fig. 2, item 1- device for stacking card-like data carriers) and an electronic control device (para. 0039, counting device)(para. 0039 explains that the control device contains warning signals or displays on a monitoring or control unit of the device which indicates that the counting device is an electronic device) which is designed for the output of a switch signal when there is a removal demand or transfer demand for a product segment (para. 0039, [a counting device which is configured to count the data carriers transferred into a card magazine located at a stacking position of the stacking area and to output a corresponding filling signal, at least when, according to the count, the card magazine has reached a predetermined filling level , in particular when the card magazine is completely filled. The filling signal can be used, for example, to optimize the control of the device and in particular its efficiency and throughput time]). Regarding the recitation of claim 17, “in the energy-cell manufacturing industry”, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113. Regarding claim 18, Krapf discloses the machine according to claim 17 having a device for removing or branching-off product segments from a product flow in the energy-cell manufacturing industry (see Claim 17 above), wherein the device has at least one switchable dispenser (item 2c) that is set up to remove a product segment from the product flow as a result of a switch signal (para. 0068, unit 2c selectively releases data carriers which are intended for the elimination area D), and wherein the device has a collecting device (Fig. 1, 11a) that can be arranged to receive a product segment removed from the product flow by the dispenser (Fig. 1, 11a); wherein at least one portion of the collecting device extends through a removal airlock into the area surrounding the machine (Fig. 1, elimination area D). Regarding claim 19, Krapf discloses the device according to claim 12, wherein the dispensing-side compressed air device (Fig. 1, item 2a-2b) and the receiving-side compressed air device (Fig. 1, item 2c-2d) are connected so that only one of the two compressed air lines applies compressed air to the associated dispensing point or receiving point at any one point in time (para. 0062 teaches that compressed air blast can be directed by the correspondingly selected compressed air unit 2a or 2b) (para. 0068 teaches that compressed air units 2c or 2d selectively released data carrier [5] intended for the elimination area D). Regarding claim 20, Krapf discloses the device according to claim 14, wherein the receiving drum has at least one suction pressure-free sector which does not have suction pressurisation or has a lower suction pressurisation relative to the suction force on the dispensing drum (para. 0021, [In addition, this type of fixation by suction is particularly advantageous in view of the subsequent releasing and stacking of the data carriers since this can be achieved merely by reducing or terminating the suction so that the data carrier to be released detaches itself from the conveying device due to gravity]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST. 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, Allison Bourke can be reached at (303) 297-4684. 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. /V.G./Examiner, Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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Prosecution Timeline

Dec 19, 2023
Application Filed
Jul 17, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+57.5%)
3y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

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