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.
Specification
The abstract of the disclosure is objected to because it is pointing out to element and/or figures. The filed abstract should not point out to any element number and/or figure numbers.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claim(s) 23-35 and 38-44 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Freiberger et al. (U.S. Patent No. 9,011,070).
Regarding claim 23: Freiberger discloses a clamping apparatus arranged to clamp a loading frame, the clamping apparatus comprising:
a first arm and a second arm, the first arm being configured and arranged such that it is substantially parallel to the second arm, see for example (Figs. 3-4; via upper and lower arms 114);
an engagement apparatus including a first portion and a second portion, wherein the first portion is fixed and the second portion is configured to be movable from a first position to a second position, see for example (Figs. 4-7; via the shown portions of the locking device 130 and attachment unit 140 being, fixed portion 142 and pivotable portion 152 around axle 132), the engagement apparatus being received between the first arm and the second arm (via 140 positioned between the upper/lower arms 114);
and one or more proximity sensors (Fig. 4; via sensor elements 160) configured to detect a presence of a loading frame received within the first arm and the second arm such that, in use, the second portion of the engagement apparatus will be moved from the first position to the second position when the one or more proximity sensors detect the presence of a loading frame (via “Sensor elements 160 detect the presence of storage frame 10 in loading station 100 and causing pivot levers 134 of locking device 130 to be pivoted from their unlocking position into their locking position”).
Regarding claim 24: wherein the clamping apparatus comprises:
a frame member arranged to connect the first arm with the second arm such that the frame member is substantially perpendicular to the first arm and the second arm, see for example (Figs. 1-4; via posts 112 connect arms 114).
Regarding claim 25: wherein the first arm and the second arm are configured to be connected to a floor (Fig. 3; via arms 114 connected to floor through the shown base of 112).
Regarding claim 26: wherein the engagement apparatus is configured to be connected to a floor (via 130 is connected to the base and/or floor through posts 112).
Regarding claim 27: wherein the engagement apparatus is connected to the frame member, see for example (Figs. 2-4; via 140 connected to frame 112, 114, and 118).
Regarding claim 28: wherein the second portion of the engagement apparatus is configured to move forward when it is moved from the first position to the second position (via the shown (via pivotable movements of attachment unit 140 along axle 132).
Regarding claim 29: wherein the second portion of the engagement apparatus is configured to move upwards when it is moved from the first position to the second position (via pivotable movements of attachment unit 140 along axle 132; also, inherently such specific movements of the engagement apparatus portion 140 are achievable as desired).
Regarding claim 30: a movement of the second portion of the engagement apparatus from the first position to the second position will cause the second portion of the engagement apparatus to engage with the loading frame, see for example (Fig. 2; inherently the pivoting and moving portions of 140 will result on engagement of the loading frame 10).
Regarding claim 31: a movement of the second portion of the engagement apparatus from the first position to the second position will cause the loading frame to be moved forward, see for example (Fig. 2; inherently the pivoting and moving portions of 140 will result on engagement and/or releasing of the loading frame 10 to be moved away).
Regarding claim 32: wherein the clamping apparatus comprises: one or more restraints (via “a beam arranged vertical to the lateral guidance which forms a stop for the storage frame”; equivalent to the claimed “restraints”).
Regarding claim 33: wherein the one or more restraints are configured and arranged to restrict forward movement of loading frame (via “a beam arranged vertical to the lateral guidance which forms a stop for the storage frame”; equivalent to the claimed arrangements).
Regarding claim 34: wherein the or each restraint comprises: a limiter portion (via the limited portion of the vertical “beam”).
Regarding claim 35: wherein the limiter portion of the one or more restraints is configured to restrict vertical movement or rotation of the loading frame (via “forms a stop for the storage frame”).
Regarding claim 38: wherein the engagement apparatus comprises:
a motor, the motor being coupled to the second portion of the engagement apparatus and being operable to move the engagement apparatus from the first position to the second position, (inherently the pivoting mechanism of 140 is operated by motor and/or mechanical mechanism).
Regarding claim 39: comprising: a separate housing wherein the motor is located in the separate housing from the second portion of the engagement apparatus (inherently the powering or motor mechanism will have its own housing/frame).
Regarding claim 40: wherein the first arm and the second arm are connected to a horizontal member (Figs. 2-4; via the shown top and bottom connecting members 118 and/or 120).
Regarding claim 41: wherein the first and second restraints and/or the engagement apparatus are connected to the horizontal member (via the “lateral guidance” inherently part of or connected to the horizontal members 120/118; it is noted that any single machine somehow all parts are engaged and being connected).
Regarding claim 42: wherein the horizontal member comprises: a part of a container loading apparatus (via 118/120 are part of the loading station 100).
Regarding claim 43: in combination with a storage system, the combination comprising:
one or more spurs configured to receive a plurality of containers; (via “Afterwards, the smoking rods are transported to a storage frame” and “A robotic device being part of an automatic sausage production line for inserting or removing rod-like elements into or from a storage frame”);
a container handling apparatus configured to receive a container from a spur (via “A robotic device being part of an automatic sausage production line for inserting or removing rod-like elements into or from a storage frame”);
and one or more loading frames, wherein in use the container handling apparatus is configured to move the container to a pre-determined location such that the container will be loaded into a loading frame, wherein the loading frame is securely received within the clamping apparatus (via loading station and/or frame 100).
Regarding claim 44: comprising:
a first set of parallel rails or tracks extending in an X-direction, and a second set of parallel rails or tracks extending in a Y-direction transverse to the first set in a substantially horizontal plane to form a grid pattern having a plurality of grid spaces, see for example (Fig. 1; via the shown X & Y arranged rails 22/20);
a plurality of stacks of containers located beneath the rails, and arranged such that each stack is located within a footprint of a single grid space (via “the tray rails on which the rod-like elements are to be placed, may be modified and their position may be changed”);
at least one transporting device, the at least one transporting device being arranged to selectively move in the X and/or Y directions, above the stacks on the rails and arranged to transport a container (via “the tray…may be modified and their position may be changed”); and
a picking station arranged to receive a container transported by the at least one transporting device (via “Afterwards, the smoking rods are transported e.g. by a robotic device to a storage frame 10…, While inserting storage frame 10 into loading station 100 from its rear side R, vertical rods 20…in channels 154”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freiberger et al. (U.S. Patent No. 9,011,070) in view of Rodgers et al. (U.S. Patent No. 6,997,666).
Regarding claim 36: Freiberger does not disclose the first and second arms comprises:
a first plurality of wheels, the first plurality of wheels being configured and arranged to guide a loading frame between the first and second arms when the loading frame is inserted into the clamping apparatus. However, Freiberger discloses similar apparatus with the use of plurality of wheels configured to guide and load articles, see for example (Figs. 1 & 3; via 28).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date to have modified Freiberger’s frame guiding mechanism to be associated with some wheels, as suggested by Rodgers, in order to smooth up and simplify the insertion and conveying of articles (column 1, lines 40-50).
Regarding claim 37: Rodgers discloses a second plurality of wheels, the second plurality of wheels being configured and arranged to support a loading frame when the loading frame is inserted into the clamping apparatus, see for example (Fig. 4; via second set of wheels 29).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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, Shelle Self can be reached at 571-272-4524. 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.
/SAMEH TAWFIK/Primary Examiner, Art Unit 3731