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 .
DETAILED ACTION
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 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)(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.
Claim(s) 1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by Clossner et al. (US 20180086564 A1).
Regarding Claim 1, Clossner discloses:
A transport system (Fig. 1 & Fig. 2 & Fig. 3) comprising:
a plurality of linear motors (43) [0003 & 0004 & 0005 & 0006 & 0007 & 0008 & 0069 & 0071 & 0072 & 0074 & 0075] that are arranged in a row and that define a first path (23) and a second path (61) that differs at least partly from the first path (23) (Fig.10);
at least one transport unit (19) that has a transport element (27), which can be moved by the linear motors in a direction of movement along the first path [0073 & 0074 & 0075 & 0076 & 0077 & 0078 & 0079 & 0080 & 0081], and a pickup element (29) for picking up a transport item to be transported [0076 & 0077 & 0078 & 0079 & 0080 & 0081], which pick-up element is configured to be moved along with the transport element in the direction of movement and to be moved relative to the transport element in order to set a distance between the transport element and the pick-up element in a transverse direction that extends transversely to the direction of movement [0076 & 0077 & 0078 & 0079 & 0080 & 0081]; and
a distance unit (31 & 53) for setting the distance in the transverse direction between the transport element and the pick-up element during the movement of the transport element so that the pick-up element is moved along and/or in accordance with the second path (Fig. 4 & Fig. 5) [0078 & 0079 & 0080 & 0081 & 0097 & 0098 & 0099 & 0100 & 0101 & 0102 & 0107 & 0108 & 0109].
Regarding Claim 2, Clossner discloses:
the first path has straight path sections and curved path sections and the second path at least has curved path sections (Fig. 2).
Regarding Claim 3, Clossner discloses:
straight path sections of the first path extend in
parallel with straight path sections of the second path (Fig. 2).
Regarding Claim 5, Clossner discloses:
the first path and the second path are offset from one another (Fig. 2).
Regarding Claim 6, Clossner discloses:
the pick-up element is movably supported at the transport element transversely to the direction of movement (Fig. 4 & Fig. 5) [0107 & 0108 & 0109].
Regarding Claim 7, Clossner discloses:
the distance unit has a spacer (53) that has a first contact section [sides of distance unit spacer (53) that contacts the distance unit support frame (31)] and a second contact section [bottom of distance unit spacer (53) that contacts the second path (61)], with the first contact section being fastened to the pick-up element and the second contact section contacting the second path in order to set the distance (Fig. 4 & Fig. 5 & Fig. 6 & Fig. 7 & Fig. 8).
Regarding Claim 8, Clossner discloses:
the pick-up element is preloaded in the direction of the second path [0107].
Regarding Claim 10, Clossner discloses:
the pick-up element is preloaded in the direction of the second path [0107].
Regarding Claim 11, Clossner discloses:
A method for operating the transport system comprising:
controlling the linear motors to move the transport element in the direction of movement along the first path [0073 & 0074 & 0075 & 0076 & 0077 & 0078 & 0079 & 0080 & 0081],
setting the distance in the transverse direction between the transport element and the pick-up element during the movement of the transport element by means of the distance unit so that the pick-up element is moved along and/or in accordance with the second path (Fig. 4 & Fig. 5) [0107 & 0108 & 0109].
Regarding Claim 12, Clossner discloses:
the transport system is a multi-carrier system (Fig. 2 & Fig. 4 & Fig. 5 & Fig. 10).
Regarding Claim 13, Clossner discloses:
the first path and the second path are vertically offset from one another (Fig. 4 & Fig. 5).
Regarding Claim 14, Clossner discloses:
the pick-up element is movably supported at the transport element by means of a plain bearing (67) [0100 & 0101 & 0102 & 0103 & 0104 & 0105 & 0106 & 0107 & 0108 & 0109 & 0110 & 0111 & 0112 & 0113].
Regarding Claim 16, Clossner discloses:
the second contact section is immovably guided at the second path in the transverse direction [0100 & 0101 & 0102 & 0103 & 0104 & 0105 & 0106 & 0107 & 0108 & 0109 & 0110 & 0111 & 0112 & 0113].
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 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 of this title, 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clossner et al. (US 20180086564 A1) in view of Achterberg et al. (US 20150008768 A1).
Regarding Claim 4, Clossner teaches:
the second path has at least one curve section (Fig. 10).
Clossner does not teach:
the at least one curve section that follows a clothoid.
Achterberg teaches:
a track system (811 & 831) for a traveling vehicle (829) with at least one straight section and at least one curve section that follows a clothoid in order to facilitate jerk-free travel into and along the curve section [0057 & 0156].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the article transport system having a track comprising straight sections, curved sections, and linear motors for driving a transport vehicle along the track taught by Clossner with the track system (811 & 831) for a traveling vehicle (829) with at least one straight section and at least one curve section that follows a clothoid in order to facilitate jerk-free travel into and along the curve section taught by Achterberg in order to provide a transfer means which transfers an article in a smooth manner with jerk-free transitions between positions and paths in order to prevent damage or dislodging of the supported article.
Claim(s) 9, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clossner et al. (US 20180086564 A1).
Regarding Claim 9, Clossner teaches:
the distance unit interacts with a cammed surface that is configured to set the distance in the transverse direction between the transport element and the pick-up element in accordance with the position of the transport element along the first path (Fig. 4 & Fig. 5) [0078 & 0079 & 0080 & 0081 & 0097 & 0098 & 0099 & 0100 & 0101 & 0102 & 0107 & 0108 & 0109].
Clossner does not teach:
the distance unit has a motor to set the distance in the transverse direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a motor to set the distance in the transverse direction in order to provide an adjustment system capable of being modified without making structural modifications to the system increase the utility of the system by allowing adjustments to more easily be made since the Examiner takes OFFICIAL NOTICE that motors for use in effecting motion and adjusting position were well known in the art before the effective filing date of the claimed invention.
Regarding Claim 15, Clossner teaches:
the pick-up element is preloaded by means of gravity [0036 & 0107].
Clossner does not teach:
the pick-up element is preloaded by means of a spring.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a spring for preloading the pick-up element in order to ensure the pick-up element reliably biased towards its home position in order to prevent errors in the system due to the pick-up element’s failure to return to its home position since the Examiner takes OFFICIAL NOTICE that spring-bias return elements were well known in the art before the effective filing date of the claimed invention.
Regarding Claim 17, Clossner teaches:
the pick-up element is preloaded by means of gravity [0036 & 0107].
Clossner does not teach:
the pick-up element is preloaded by means of a spring.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a spring for preloading the pick-up element in order to ensure the pick-up element reliably biased towards its home position in order to prevent errors in the system due to the pick-up element’s failure to return to its home position since the Examiner takes OFFICIAL NOTICE that spring-bias return elements were well known in the art before the effective filing date of the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patent publications US 20150048693 A1, US 20140331888 A1, US 20150349618 A1, and US 6922606 B1 have been cited by the examiner as pertinent to the applicant’s disclosure because they teach: track systems for vehicles having curve sections following a clothoid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday-Thursday, 7:00-5:30 EST
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAUL RODRIGUEZ can be reached on 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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/BRENDAN P TIGHE/Examiner, Art Unit 3652
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652