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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 27 March 2026 has been entered.
Claim Interpretation
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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: automatic movement machine (Claims 25-28, 30-44), and cleaning apparatus (Claims 41-42). The terms machine and apparatus are construed to be generic placeholders. The term unit is a generic placeholder per the MPEP.
The mounting means (Claims 25-28, 30-44) is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
Claim(s) 25-28, 30, 37, 39, 41, and 43-44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Unsworth (US 2010/0030377).
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Claim 25: handling device (Fig. 14-15, 22) that handles a motor vehicle body component in a coating operation of the motor vehicle body component (intended use; MPEP 2115), comprising:
an automatic movement machine (19/25) and a gripping arm (Fig. 13/15, 22) formed from a round hollow material along its entire longitudinal extension (Fig. 13-15; 19; para. [0111]-[0112], “The robotic arm 22 also includes a skin 19 which can be removed and replaced with a sterilized new skin, for those procedures requiring a sterile instrument.”; Skin 19 is a round hollow material forming the gripping arm that can be removed and replaced for “a sterile instrument”), the gripping arm including a mounting means (24) mounted to the automatic movement machine and at least one gripping tool (21; alternatively or in addition, instruments at 21 are capable of gripping a structure at least by friction) for catching the motor vehicle body component, wherein the gripping arm includes, between the mounting means and the at least one gripping tool, a first deflection section (one deflection in Fig. 15),
wherein the automatic movement machine is configured to bring the gripping arm into a working position, wherein the gripping arm includes, between the first deflection section and the at least one gripping tool, a second deflection section (another deflection in Fig. 15);
wherein when in the working position of the gripping arm, the second deflection section is deformed downwards and/or creates a siphon effect (intended use form; Fig. 15 shows structure that is capable of functioning as claimed);
wherein the first deflection section and/or the second deflection section is formed kink-shaped or arc-shaped (Fig. 15; arc-shaped on the round part of at least skin 19);
Claim 26: wherein the second deflection section is configured to form, in the working position of the gripping arm, and further comprising a collection place for coating agent running down along the gripping arm (intended use form; Fig. 15 shows structure that is capable of functioning as claimed);
Claim 27: wherein the second deflection section is configured to allow, in the working position of the gripping arm, coating agent to run off to the side of the mounting means (intended use form; Fig. 15 shows structure that is capable of functioning as claimed);
Claim 28: wherein the second deflection section and the collection place form a dripping place in order to allow the coating agent to drip off at a predefined place (intended use form; Fig. 15 shows structure that is capable of functioning as claimed);
Claim 30: wherein when in the working position of the gripping arm, the first deflection section is deformed upwards (intended use form; Fig. 15 shows structure that is capable of functioning as claimed);
Claim 37: wherein at least two of the following parts extend in a common plane:
the first deflection section,
the second deflection section,
the gripping arm section formed between the mounting means and the first deflection section,
the gripping arm section formed between the first deflection section and the second deflection section,
the gripping arm section formed between the second deflection section and the at least one gripping tool (Fig. 14-15);
Claim 39: wherein the second deflection section comprises an S-shape and/or two arcuate segments curved in different directions (Fig. 15; S-shape);
Claim 41: a cleaning apparatus (structures/tools (para. [0117]) may use friction to clean) and wherein the gripping arm comprises a cleaning position (Fig. 15) in which the at least one gripping tool and the second deflection section are arranged inside the cleaning apparatus to be cleaned by the cleaning apparatus (preferably denotes non-positive limitation);
Claim 43: wherein the automatic movement machine is configured to bring the gripping arm into a working position in which the at least one gripping tool is engaged with the motor vehicle body component and in which the motor vehicle body component is held in an open position by means of the gripping arm (para. [0116]-[0118]);
Claim 44: wherein the automatic movement machine is configured to bring the gripping arm into a working position in which
the motor vehicle body component, and/or the motor vehicle body is coated, and/or
the motor vehicle body component is handled by means of the gripping arm (handled; intended use; MPEP 2115).
Claim Rejections - 35 USC § 103
Claim(s) 31-35 and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Unsworth in view of ESTEBAN FINCK et al. (IS 2016/0339584) (“Esteban”). Unsworth discloses all the limitations of the claims as discussed above.
Unsworth does not directly show:
Claim 31: wherein the second deflection section has an opening angle (a) of between 90° and 140°, between 100 and 130° or between 1100 and 120°;
Claim 32: wherein the first deflection section has an opening angle (p) of between 90° and 140°, between 100 and 130° or between 1100 and 120°;
Claim 33: wherein between the second deflection section and the at least one gripping tool, a gripping arm section is formed which - runs straight-lined,
merges on one side thereof into the second deflection section and has the at least one gripping tool on the other side thereof, and/or in the working position of the gripping arm, has with its longitudinal axis an angle relative to the horizontal of between +/- 30°, +/- 25° or +/- 20°;
Claim 34: wherein between the first deflection section and the second deflection section, a gripping arm section is formed which runs straight-lined,
merges on one side thereof into the first deflection section and merges on the other side thereof into the second deflection section, and/or in the working position of the gripping arm, has with its longitudinal axis a downward angle towards the second deflection section of 25°+/-+/- 10° or +/-50 relative to the horizontal;
Claim 35: wherein between the mounting means and the first deflection section, a gripping arm section is formed which runs straight-lined,
has the mounting means on one side thereof and merges into the first deflection section on the other side thereof, and/or in the working position of the gripping arm, has with its longitudinal axis an upward angle towards the first deflection section of 400+/-+/- 10° or +/-50 relative to the horizontal;
Claim 42: wherein in the cleaning position of the gripping arm, the gripping arm section formed between the first deflection section and the second deflection section is oriented perpendicularly +/- 10° or +/-50 to the horizontal.
Esteban shows a similar device having:
Claim 31: wherein the second deflection section has an opening angle (a) of between 90° and 140°, between 100 and 130° or between 1100 and 120°;
Claim 32: wherein the first deflection section has an opening angle (p) of between 90° and 140°, between 100 and 130° or between 1100 and 120°;
Claim 33: wherein between the second deflection section and the at least one gripping tool, a gripping arm section is formed which - runs straight-lined,
merges on one side thereof into the second deflection section and has the at least one gripping tool on the other side thereof, and/or in the working position of the gripping arm, has with its longitudinal axis an angle relative to the horizontal of between +/- 30°, +/- 25° or +/- 20°;
Claim 34: wherein between the first deflection section and the second deflection section, a gripping arm section is formed which runs straight-lined,
merges on one side thereof into the first deflection section and merges on the other side thereof into the second deflection section, and/or in the working position of the gripping arm, has with its longitudinal axis a downward angle towards the second deflection section of 25°+/-+/- 10° or +/-50 relative to the horizontal;
Claim 35: wherein between the mounting means and the first deflection section, a gripping arm section is formed which runs straight-lined,
has the mounting means on one side thereof and merges into the first deflection section on the other side thereof, and/or in the working position of the gripping arm, has with its longitudinal axis an upward angle towards the first deflection section of 400+/-+/- 10° or +/-50 relative to the horizontal;
Claim 42: wherein in the cleaning position of the gripping arm, the gripping arm section formed between the first deflection section and the second deflection section is oriented perpendicularly +/- 10° or +/-50 to the horizontal;
(The angles above are shown in FIG. 2; para. [0031].);
with a reasonable expectation of success for the purpose of achieving more complex and inclined positions during gripping arm movement (para. [0034]). 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 Unsworth as taught by Esteban and include Esteban’s similar device having:
Claim 31: wherein the second deflection section has an opening angle (a) of between 90° and 140°, between 100 and 130° or between 1100 and 120°;
Claim 32: wherein the first deflection section has an opening angle (p) of between 90° and 140°, between 100 and 130° or between 1100 and 120°;
Claim 33: wherein between the second deflection section and the at least one gripping tool, a gripping arm section is formed which - runs straight-lined,
merges on one side thereof into the second deflection section and has the at least one gripping tool on the other side thereof, and/or in the working position of the gripping arm, has with its longitudinal axis an angle relative to the horizontal of between +/- 30°, +/- 25° or +/- 20°;
Claim 34: wherein between the first deflection section and the second deflection section, a gripping arm section is formed which runs straight-lined,
merges on one side thereof into the first deflection section and merges on the other side thereof into the second deflection section, and/or in the working position of the gripping arm, has with its longitudinal axis a downward angle towards the second deflection section of 25°+/-+/- 10° or +/-50 relative to the horizontal;
Claim 35: wherein between the mounting means and the first deflection section, a gripping arm section is formed which runs straight-lined,
has the mounting means on one side thereof and merges into the first deflection section on the other side thereof, and/or in the working position of the gripping arm, has with its longitudinal axis an upward angle towards the first deflection section of 400+/-+/- 10° or +/-50 relative to the horizontal;
Claim 42: wherein in the cleaning position of the gripping arm, the gripping arm section formed between the first deflection section and the second deflection section is oriented perpendicularly +/- 10° or +/-50 to the horizontal;
with a reasonable expectation of success for the purpose of achieving more complex and inclined positions during gripping arm movement.
Response to Arguments
Applicant's arguments filed 27 March 2026 have been fully considered but they are not persuasive except for the 35 USC 112(b) rejections that are withdrawn.
Re. the hollow limitation, see Unsworth Fig. 13-15, item 19. Para. [0111]-[0112] discloses, “The robotic arm 22 also includes a skin 19 which can be removed and replaced with a sterilized new skin, for those procedures requiring a sterile instrument.” Skin 19 is a round hollow material forming the gripping arm that can be removed and replaced for “a sterile instrument.”
Re. the first deflection section and/or the second deflection section is formed kink-shaped or arc-shaped, see Unsworth Fig. 15 that shows the arc-shaped section on the round part of at least skin 19.
Further, the advisory mailed on 2 April 2026 had the following comments that remain relevant for the current claim amendments which were not addressed by Applicant in any subsequent remarks (no remarks were filed with the RCE filing). The inside of the gripping arm is hollow (within at least the skin) with material therein for movement along its entire longitudinal extension. The deflection of the snake robot at the deflection sections forms an arc-shaped profile.
Conclusion
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
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