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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Such claim limitation(s) is/are: “transfer means” in claims 6, 8 and 13.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Objections
Claims 1-18 are objected to because of the following informalities:
Regarding claim 1, lines 7-8: the limitation “a downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 1, lines 8-9: the limitation “another downstream conveying system” should be “another of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 1, lines 14-15: the limitation “on the one hand” should be deleted to improve clarity.
Regarding claim 1, line 15: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 1, line 16: the limitation “on the other hand” should be deleted to improve clarity.
Regarding claim 1, lines 18-19: the limitation “at least two downstream conveying systems” should be “the at least two downstream conveying systems” to have proper antecedent basis.
Regarding claim 1, line 20: the limitation “one downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 1, lines 20-21: the limitation “at least one other downstream conveying system” should be “at least one other of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 2, line 2: the limitation “at least three downstream conveying systems” should be “at least three of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 3, line 2: the limitation “two downstream conveying systems” should be “two of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 3, lines 4-5: the limitation “a downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 7, line 4: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 7, lines 6-7: the limitation “at least one output conveyor” should be “the at least one output conveyor” to have proper antecedent basis.
Regarding claim 8, lines 3-4: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 8, line 4: the limitation “at least one output conveyor” should be “the at least one output conveyor” to have proper antecedent basis.
Regarding claim 10, line 2: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 11, line 10: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 11, line 11: the limitation “said accumulation surface” should be “an accumulation surface” since it is being introduced for the first time.
Regarding claim 11, line 15: the limitation “at least two downstream conveying systems” should be “the at least two downstream conveying systems” to have proper antecedent basis.
Regarding claim 11, line 16: the limitation “one downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 11, line 18: the limitation “a downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 12, line 2: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 12, lines 4-5: the limitation “at least one output conveyor” should be “the at least one output conveyor” to have proper antecedent basis.
Regarding claim 13, line 2: the limitation “on the one hand” should be deleted to improve clarity.
Regarding claim 13, line 2: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 13, line 3: the limitation “on the other hand” should be deleted to improve clarity.
Regarding claim 13, line 6: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 13, lines 8-9: the limitation “at least one output conveyor” should be “the at least one output conveyor” to have proper antecedent basis.
Regarding claim 15, line 6: the limitation “a downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 15, lines 7-8: the limitation “another downstream conveying system” should be “another of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 15, line 13: the limitation “on the one hand” should be deleted to improve clarity.
Regarding claim 15, lines 13-14: the limitation “at least one downstream conveying system” should be “at least one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 15, line 15: the limitation “on the other hand” should be deleted to improve clarity.
Regarding claim 15, lines 16-17: the limitation “at least two downstream conveying systems” should be “the at least two downstream conveying systems” to have proper antecedent basis.
Regarding claim 15, line 17-18: the limitation “one downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 15, lines 18-19: the limitation “at least one other downstream conveying system” should be “at least one other of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 16, lines 1-2: the limitation “at least three downstream conveying systems” should be “at least three of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 17, line 1: the limitation “two downstream conveying systems” should be “two of the downstream conveying systems” to have proper antecedent basis.
Regarding claim 17, lines 4: the limitation “a downstream conveying system” should be “one of the downstream conveying systems” to have proper antecedent basis.
Appropriate correction is required.
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.
Claims 1-6, 8-11, 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Demel (US Pub 2021/0395021).
Regarding claim 1, Demel discloses an installation for accumulating and transferring products comprising:
a device (fig 7) for conveying said products in a single-file flow, said device comprising an upstream conveying system (paragraph 0146-0147), at least two downstream conveying systems (5a, 5b, 20, 21) emerging longitudinally in a hold zone (5), and a division system (19) for sending from said upstream conveying system successively to one of the downstream conveying systems at least one first single-file flow of products in batch form to a downstream conveying system (6) and at least one second single-file flow of products in batch form to another downstream conveying system,
at least one output conveyor (6a) of said products,
an accumulation surface (3) for receiving the products in batch form from the hold zone, said surface being situated between said conveying device and said at least one output conveyor,
a transfer means (7; fig 2) for transversely displacing at least one batch of products, on the one hand, from at least one downstream conveying system at the hold zone to said accumulation surface and, on the other hand, from said surface to said at least one output conveyor (fig 2),
the installation being configured such that, for at least two downstream conveying systems, between said division system and the hold zone, the length of one downstream conveying system is greater than the length of at least one other downstream conveying system (fig 7), so that at least two batches of products formed successively by the division system and sent, for one of them, on one of the downstream conveying systems and, for the other, on the other downstream conveying system, arrive substantially at the same moment at said hold zone (paragraph 0150).
Regarding claim 2, Demel also discloses at least three downstream conveying systems (paragraph 0152) and in that each of the at least three downstream conveying systems has a different length, so that all the batches of products formed successively by the division system arrive substantially at the same moment at the hold zone.
Regarding claim 3, Demel also discloses the installation comprises two downstream conveying systems (20, 21), and in that the division system is able to send, from said upstream conveying system, successively and alternately, a first single-file flow of products in batch form to a downstream conveying system and a second single-file flow of products in batch form to the other downstream conveying system, so that two batches of products formed successively by the division system arrive substantially at the same moment at said hold zone (paragraph 0150).
Regarding claim 4, Demel also discloses the downstream conveying systems are U-shaped (fig 7).
Regarding claim 5, Demel also discloses the division system is a controlled deflector (19) which successively and alternately diverts a determined number of products together forming a batch onto the downstream conveying systems (fig 7).
Regarding claim 6, Demel also discloses the transfer means comprises at least two walls (9, 10) for simultaneously transferring, from the hold zone to the accumulation surface, at least two longitudinal batches of products, each of the batches being situated respectively on one of the downstream conveying systems (fig 2 and 7).
Regarding claim 8, Demel also discloses the transfer means comprises a plurality of thrusters (7), each thruster being able to transfer a batch of products from at least one downstream conveying system to at least one output conveyor by crossing the accumulation surface (fig 2).
Regarding claim 9, Demel also discloses the at least two downstream conveying systems each have at least one drive motor which is specific to it (paragraph 0148-0150).
Regarding claim 10, Demel also discloses at least one downstream conveying system comprises two conveyor belts (5a, 21 and 5b, 20), one following the other, each of the two belts having a drive motor (paragraph 0148-0150) which is specific to it, so that the conveying speeds of the two belts of said at least one downstream conveying system can be different.
Regarding claim 11, Demel also discloses a method for accumulating and transferring products in a packaging line, the method comprising the following steps:
receiving a single-file flow of products at an upstream conveying system (paragraph 0146-0147), then;
distributing the single-file flow of products successively on at least two downstream conveying systems (5a, 5b, 20, 21) in longitudinal batch form;
bringing said batches into a hold zone (5) using said downstream conveying systems;
slowing down said at least two downstream conveying systems at the hold zone to slow down the products therein (fig 7);
transferring (via 7) a batch of products from at least one downstream conveying system at said hold zone to an accumulation surface (3);
transferring (via 7) at least one batch of products from said accumulation surface to at least one output conveyor (102; fig 1a),
wherein for at least two downstream conveying systems, the path to bring a batch into the hold zone is longer for one downstream conveying system than for the other downstream conveying system (fig 7), so as to synchronize the arrival in the hold zone of two successive batches, each travelling respectively on a downstream conveying system (paragraph 0150).
Regarding claim 13, Demel also discloses the transfer, on the one hand, from at least one downstream conveying system at the hold zone to the accumulation surface and, on the other hand, from said surface to said at least one output conveyor, is performed by a transfer means (7), said transfer means (5) comprising a plurality of thrusters (7), each thruster transferring at least one batch of products from at least one downstream conveying system at the hold zone to said surface, having said surface crossed by said at least one batch of products and then transferring said at least one batch of products from said surface to at least one output conveyor (fig 2).
Regarding claim 14, Demel also discloses at least two successive batches, each having travelled on one of the downstream conveying systems, arrive at the same time in the hold zone (paragraph 0150).
Regarding claim 15, Demel also discloses an installation for accumulating and transferring products comprising:
a device (fig 7) for conveying said products in a single-file flow, said device comprising an upstream conveying system (paragraph 0146-0147), at least two downstream conveying systems (20, 21, 5a, 5b) emerging longitudinally in a hold zone (5), and a division system (19) for sending from said upstream conveying system successively to one of the downstream conveying systems at least one first single-file flow of products in batch form to a downstream conveying system and at least one second single-file flow of products in batch form to another downstream conveying system (fig 7),
at least one output conveyor (6a) of said products,
an accumulation surface (3) for receiving the products in batch form from the hold zone, said surface being situated between said conveying device and said at least one output conveyor,
a transfer means (7) for displacing at least one batch of products, on the one hand, from at least one downstream conveying system at the hold zone to said accumulation surface and, on the other hand, from said surface to said at least one output conveyor, wherein the installation is configured such that, for at least two downstream conveying systems, between said division system and the hold zone, the length of one downstream conveying system is greater than the length of at least one other downstream conveying system (fig 7), so that at least two batches of products formed successively by the division system and sent, for one of them, on one of the downstream conveying systems and, for the other, on the other downstream conveying system, arrive substantially at the same moment at said hold zone (paragraph 0150).
Regarding claim 16, Demel also discloses at least three downstream conveying systems (paragraph 0152) and in that each of the at least three downstream conveying systems has a different length, so that all the batches of products formed successively by the division system arrive substantially at the same moment at the hold zone.
Regarding claim 17, Demel also discloses two downstream conveying systems, and in that the division system is able to send, from said upstream conveying system, successively and alternately, a first single-file flow of products in batch form to a downstream conveying system and a second single-file flow of products in batch form to the other downstream conveying system, so that two batches of products formed successively by the division system arrive substantially at the same moment at said hold zone (paragraph 0150).
Regarding claim 18, Demel also discloses the downstream conveying systems are U-shaped (fig 7).
Claims 1-5, 7, 11, 12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schuesslburner (US Pub 2022/0177236).
Regarding claim 1, Schuesslburner discloses an installation for accumulating and transferring products comprising:
a device (fig 4) for conveying said products in a single-file flow, said device comprising an upstream conveying system (401), at least two downstream conveying systems (411, 412) emerging longitudinally in a hold zone (area near element 402), and a division system (413) for sending from said upstream conveying system successively to one of the downstream conveying systems at least one first single-file flow of products in batch form to a downstream conveying system (412) and at least one second single-file flow of products in batch form to another downstream conveying system (411),
at least one output conveyor (102; fig 1a) of said products,
an accumulation surface (101) for receiving the products in batch form from the hold zone, said surface being situated between said conveying device and said at least one output conveyor,
a transfer means (402; fig 4 and 103; fig 1a) for transversely displacing at least one batch of products, on the one hand, from at least one downstream conveying system (402; fig 4) at the hold zone to said accumulation surface and, on the other hand, from said surface to said at least one output conveyor (103; fig 1a),
the installation being configured such that, for at least two downstream conveying systems, between said division system and the hold zone, the length of one downstream conveying system is greater than the length of at least one other downstream conveying system (fig 4), so that at least two batches of products formed successively by the division system and sent, for one of them, on one of the downstream conveying systems and, for the other, on the other downstream conveying system, arrive substantially at the same moment at said hold zone (fig 4).
Regarding claim 2, Schuesslburner also discloses at least three downstream conveying systems (paragraph 0094) and in that each of the at least three downstream conveying systems has a different length, so that all the batches of products formed successively by the division system arrive substantially at the same moment at the hold zone.
Regarding claim 3, Schuesslburner also discloses the installation comprises two downstream conveying systems (411, 412), and in that the division system is able to send, from said upstream conveying system, successively and alternately, a first single-file flow of products in batch form to a downstream conveying system and a second single-file flow of products in batch form to the other downstream conveying system, so that two batches of products formed successively by the division system arrive substantially at the same moment at said hold zone (fig 4).
Regarding claim 4, Schuesslburner also discloses the downstream conveying systems are U-shaped (fig 4).
Regarding claim 5, Schuesslburner also discloses the division system is a controlled deflector (413) which successively and alternately diverts a determined number of products together forming a batch onto the downstream conveying systems (fig 4).
Regarding claim 7, Schuesslburner also discloses the transfer means comprises an input means (402; fig 4) and an output means (103; fig 1a), said input means being configured to transversely transfer a batch of products from at least one downstream conveying system at the hold zone to the accumulation surface and said output means being configured to transversely transfer at least one batch of products from the accumulation surface to at least one output conveyor.
Regarding claim 11, Schuesslburner also discloses a method for accumulating and transferring products in a packaging line, the method comprising the following steps:
receiving a single-file flow of products at an upstream conveying system (401), then;
distributing the single-file flow of products successively on at least two downstream conveying systems (411, 412) in longitudinal batch form;
bringing said batches into a hold zone (area near element 402) using said downstream conveying systems;
slowing down said at least two downstream conveying systems at the hold zone to slow down the products therein (fig 4);
transferring (via 402) a batch of products from at least one downstream conveying system at said hold zone to an accumulation surface (101);
transferring (via 103) at least one batch of products from said accumulation surface to at least one output conveyor (102; fig 1a),
wherein for at least two downstream conveying systems, the path to bring a batch into the hold zone is longer for one downstream conveying system than for the other downstream conveying system (fig 4), so as to synchronize the arrival in the hold zone of two successive batches, each travelling respectively on a downstream conveying system (fig 4).
Regarding claim 12, Schuesslburner also discloses the transfer of a batch of products from at least one downstream conveying system at the hold zone to the accumulation surface is performed by an input tool (402; fig 6) and in that the transfer of at least one batch of products from the accumulation surface to at least one output conveyor is performed by an output tool (103; fig 1a).
Regarding claim 14, Schuesslburner also discloses at least two successive batches, each having travelled on one of the downstream conveying systems, arrive at the same time in the hold zone (fig 4).
Regarding claim 15, Schuesslburner also discloses an installation for accumulating and transferring products comprising:
a device (fig 4) for conveying said products in a single-file flow, said device comprising an upstream conveying system (401), at least two downstream conveying systems (411, 412) emerging longitudinally in a hold zone (area near 402), and a division system (413) for sending from said upstream conveying system successively to one of the downstream conveying systems (412) at least one first single-file flow of products in batch form to a downstream conveying system and at least one second single-file flow of products in batch form to another downstream conveying system (411),
at least one output conveyor (102) of said products,
an accumulation surface (101) for receiving the products in batch form from the hold zone, said surface being situated between said conveying device and said at least one output conveyor,
a transfer means (402; fig 4 and 103; fig 1a) for displacing at least one batch of products, on the one hand, from at least one downstream conveying system at the hold zone to said accumulation surface (402; fig 4) and, on the other hand, from said surface to said at least one output conveyor (103; fig 1a), wherein the installation is configured such that, for at least two downstream conveying systems, between said division system and the hold zone, the length of one downstream conveying system is greater than the length of at least one other downstream conveying system (fig 4), so that at least two batches of products formed successively by the division system and sent, for one of them, on one of the downstream conveying systems and, for the other, on the other downstream conveying system, arrive substantially at the same moment at said hold zone (fig 4).
Regarding claim 16, Schuesslburner also discloses at least three downstream conveying systems (paragraph 0094) and in that each of the at least three downstream conveying systems has a different length, so that all the batches of products formed successively by the division system arrive substantially at the same moment at the hold zone.
Regarding claim 17, Schuesslburner also discloses two downstream conveying systems (411, 412), and in that the division system is able to send, from said upstream conveying system, successively and alternately, a first single-file flow of products in batch form to a downstream conveying system and a second single-file flow of products in batch form to the other downstream conveying system, so that two batches of products formed successively by the division system arrive substantially at the same moment at said hold zone (fig 4).
Regarding claim 18, Schuesslburner also discloses the downstream conveying systems are U-shaped (fig 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keith R Campbell whose telephone number is (571)270-1015. The examiner can normally be reached Monday-Friday 8:30am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRC/Examiner, Art Unit 3651 12/23/2025
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651