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 .
Status of Claims
Claim 1-10 are pending and under examination.
Information Disclosure Statement
The information disclosure statement (IDS) document(s) submitted on 07/31/2024, 08/23/2024, 06/12/2025, 09/24/2025, 11/14/2025, 12/23/2025, and 05/14/2026 are compliant with the provisions of 37 CFR 1.97. Accordingly, the IDS document(s) has/have been fully considered by the examiner.
Claim Objections
Claims 6, 8, and 10 are objected to because of the following informalities:
Claims 6, 8 and 10 refer to “a drive dear” which appears to be a clerical mistake and should recite “gear”.
Appropriate correction is required.
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, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Buse et al. (US 2016/0060680 – hereinafter “Buse”), and further in view of Sha et al. (US 2018/0370670 – hereinafter “Sha”).
Regarding claim 1, Buse disclose a mechanism for grasping and transferring a container (Buse; figs. 27-40, #200, “receptacle distribution system”, [0205]), wherein the container includes parallel, vertically-oriented grooves formed on opposed sides of the container (Buse disclose multiple receptacle device “MRD” 160 and reagent packs 760 comprising grooves formed between gusset wall 165 of the manipulating structure 166; figs. 2-3 & 19-20, [0069, 0133, 0169, 0204]), and wherein the mechanism comprises:
a chassis configured for rotation about a vertically-oriented chassis axis of rotation (Buse; figs. 27-28 & 34-35, #218, #220, [0205, 0216]); and
a gripper carriage supported on the chassis for rotation therewith and configured for movement in a radial direction with respect to the chassis axis of rotation (Buse; figs. 27-31, 34-35, #312, [0204, 0207, 0210-0211]);
wherein the gripper carriage comprises a container gripper (Buse; fig. 30, #318, [0207, 0210-0211]) comprising:
a first gripper element mounted to the gripper carriage and including a first hook (Buse; fig. 30, #318, [0207, 0210-0211]); and
and wherein the container gripper is configured to grasp a container (Buse; fig. 30, [0206]).
Buse does not teach the first gripper element mounted to the gripper carriage for pivoting movement about a first gripper axis of rotation that is parallel to the chassis axis of rotation with the hook located at a radially-spaced position with respect to the first gripper axis of rotation, a second gripper element mounted to the gripper carriage for pivoting movement about a second gripper axis of rotation that is parallel to the first gripper axis of rotation and including a second hook located at a radially-spaced position with respect to the second gripper axis of rotation; wherein the first hook and the second hook are bent toward each other, and wherein the first gripper element and the second gripper element are coupled to one another for coordinated pivoting movement toward each other or away from each other about the respective first and second gripper axes of rotation, or the container gripper grasps a container by pivoting the first and second gripper elements toward each other until the respective first and second hooks each engage one of the vertically-oriented grooves of the container.
However, Sha teach the analogous art of a gripper carriage configured for movement (Sha; figs. 1-3, 5, #4, [0082, 0087-0088]) comprising a container gripper (Sha; fig. 5, [0087-0088]) comprising a first gripper element mounted to the gripper carriage for pivoting movement about a first gripper axis of rotation with the hook located a radially-spaced position with respect to the first gripper axis of rotation (Sha; fig. 5, #41, [0085, 0087-0088]), a second gripper element mounted to the gripper carriage for pivoting movement about a second gripper axis of rotation that is parallel to the first gripper axis of rotation and including a second hook located at a radially-spaced position with respect to the second gripper axis of rotation (Sha; fig. 5, #41, [0085, 0087-0088]) wherein the first hook and the second hook are bent toward each other, and wherein the first gripper element and the second gripper element are coupled to one another for coordinated pivoting movement toward each other or away from each other about the respective first and second gripper axes of rotation, or the container gripper grasps a container by pivoting the first and second gripper elements toward each other until the respective first and second hooks each engage the container (Sha; figs 1-3 & 5, [0082, 0085, 0087-0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the container gripper of Buse with the container gripper of Sha, because Sha teach the container gripper comprising the first and second gripper elements engage each other using gear slows that allow firm clamping of a container. The modification resulting in the axis of rotation being parallel to the chassis axis of rotation and the container gripping configured for engaging one of the vertically-oriented groovers of the container. One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Buse and Sha both teach container transport devices for moving and positioning containers within a system.
Regarding claim 2, modified Buse teach the mechanism of claim 1 above, wherein the first gripper element and the second gripper element are coupled to one another for coordinated pivoting movement by:
a first gripper element coupling gear attached to the first gripper element and arranged coaxially with the first gripper axis of rotation; and a second gripper element coupling gear attached to the second gripper element and arranged coaxially with the second gripper axis of rotation (The modification of the container gripper of Buse with the container gripper of Sha has previously been discussed in claim 1 above. Sha; fig. 5, [0087]);
wherein the first gripper element coupling gear and the second gripper element coupling gear are interengaged so that rotation of either the first gripper element or the second gripper element results in a corresponding, coordinated rotation of the other gripper element in an opposite rotational direction (The modification of the container gripper of Buse with the container gripper of Sha has previously been discussed in claim 1 above. Sha; fig. 5, [0087]).
Regarding claim 5, modified Buse teach the mechanism of claim 1 above, further comprising: a linear track (Buse; fig. 30, #330]); a linear bearing coupled to the linear track (Buse; figs. 29-30, #320, [0207, 0210-0211]), wherein the gripper carriage is supported on the linear bearing (Buse; fig. 30, [0207]); a gripper advance motor (Buse; fig. 31, #370, [0208]); and a drive belt coupled to the gripper advance motor (Buse; figs. 30-31, #344, [0208]) and attached to the linear bearing so that movement of the drive belt by the gripper advance motor moves the gripper carriage in the radial direction (Buse; figs. 29-30, [0207]).
Regarding claim 6, modified Buse teach the mechanism of claim 1 above, further comprising: a fixed sun gear arranged coaxially with the chassis axis of rotation (Buse; figs. 27-28 & 34-35, #214, [0216]); and a motor fixed to the chassis and including a drive dear that operatively engages the fixed sun gear so that rotation of the drive gear by the motor causes rotation of the chassis about the chassis axis of rotation (Buse; figs. 27-28 & 34-35, #214, #224, [0216]).
Regarding claim 7, modified Buse teach the mechanism of claim 2 above, further comprising: a linear track; a linear bearing coupled to the linear track, wherein the gripper carriage is supported on the linear bearing; a gripper advance motor; and a drive belt coupled to the gripper advance motor and attached to the linear bearing so that movement of the drive belt by the gripper advance motor moves the gripper carriage in the radial direction.
Regarding claim 8, modified Buse teach the mechanism of claim 7 above, further comprising: a fixed sun gear arranged coaxially with the chassis axis of rotation (Buse; figs. 27-28 & 34-35, #214, [0216]); and a motor fixed to the chassis and including a drive dear that operatively engages the fixed sun gear so that rotation of the drive gear by the motor causes rotation of the chassis about the chassis axis of rotation (Buse; figs. 27-28 & 34-35, #214, #224, [0216]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 23 & 26-27 of copending Application No. 18/249,514; hereinafter ‘514 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘514 disclose:
Regarding claim 1, ‘514 disclose a mechanism for grasping and transferring a container, wherein the container includes parallel, vertically-oriented grooves formed on opposed sides of the container (‘514 – Claim 1, “A system for transferring a container including grooves formed on opposed sides of the container”. Specifically, “C. a container distributor”), and wherein the mechanism comprises:
a chassis configured for rotation about a vertically-oriented chassis axis of rotation (‘514 – Claim 26, “a distributor head frame so as to be rotatable about a distributor axis of rotation”); and
a gripper carriage supported on the chassis for rotation therewith and configured for movement in a radial direction with respect to the chassis axis of rotation (‘514 – Claim 1, the distributor moving system comprises “a gripper advance system configured to move the container gripper to laterally remove the container”);
wherein the gripper carriage comprises a container gripper (‘514 – Claim 1, “a container gripper”) comprising:
a first gripper element mounted to the gripper carriage for pivoting movement about a first gripper axis of rotation that is parallel to the chassis axis of rotation and including a first hook located at a radially-spaced position with respect to the first gripper axis of rotation (‘514 – Claim 1, C1b “a first gripper element…”); and
a second gripper element mounted to the gripper carriage for pivoting movement about a second gripper axis of rotation that is parallel to the first gripper axis of rotation and including a second hook located at a radially-spaced position with respect to the second gripper axis of rotation (‘514 – Claim 1, C1c “a second gripper element …”);
wherein the first hook and the second hook are bent toward each other (‘514 – Claim 1, C1c “the first hood and the second hook are bent toward each other”, and
wherein the first gripper element and the second gripper element are coupled to one another for coordinated pivoting movement toward each other or away from each other about the respective first and second gripper axes of rotation (‘514 – Claim 1, C1c “the first gripper element and the second gripper element are coupled to one another for coordinated pivoting movement towards each other or away from each other about the respective first and second gripper axis of rotation”), and
wherein the container gripper is configured to grasp a container by pivoting the first and second gripper elements toward each other until the respective first and second hooks each engage one of the vertically-oriented grooves of the container (‘514 – Claim 1, C1c “the container gripper is configured to grasp a container by pivoting the first and second gripper elements toward each other until the respective first and second hooks are seated within one of the grooves of the container”).
Regarding claim 2, ‘514 disclose the mechanism of claim 1 above, wherein the first gripper element and the second gripper element are coupled to one another for coordinated pivoting movement by:
a first gripper element coupling gear attached to the first gripper element and arranged coaxially with the first gripper axis of rotation (‘514 – Claim 1, C1ci “a first gripper element coupling gear…”); and
a second gripper element coupling gear attached to the second gripper element and arranged coaxially with the second gripper axis of rotation (‘514 – Claim 1, C1cii “a second gripper element coupling gear…”); wherein
the first gripper element coupling gear and the second gripper element coupling gear are interengaged so that rotation of either the first gripper element or the second gripper element results in a corresponding, coordinated rotation of the other gripper element in an opposite rotational direction (‘514 – Claim 1, C1cii “the first gripper element coupling gear and the second gripper element coupling gear are inter-engaged so that rotation of either the first gripper element or the second gripper element results in a corresponding, coordinated rotation of the other gripper element in an opposite rotational direction).
Regarding claim 3, ‘514 disclose the mechanism of claim 2 above, further comprising: a gripper motor with a gripper actuator gear; a gripper drive gear mounted coaxially with the first gripper axis of rotation and configured for rotation independently of the first gripper element, wherein the gripper actuator gear is engaged with the gripper drive gear; and a drive pin extending from the first gripper element at a position spaced from the first gripper axis of rotation, wherein the drive pin extends into an opening formed in the gripper drive gear (‘514 – Claim 1, C1d-f).
Regarding claim 4, ‘514 disclose the mechanism of claim 3 above, further comprising a spring connected to at least one of the first gripper element and the second gripper element, and wherein the opening formed in the gripper drive gear comprises an arcuate slot (‘514 – Claim 23).
Regarding claims 5, 7 and 9, ‘514 disclose the mechanism of claims 1, 2 and 3 above, further comprising: a linear track; a linear bearing coupled to the linear track, wherein the gripper carriage is supported on the linear bearing; a gripper advance motor; and a drive belt coupled to the gripper advance motor and attached to the linear bearing so that movement of the drive belt by the gripper advance motor moves the gripper carriage in the radial direction (‘514 – Claim 27).
Regarding claims 6, 8 and 10, ‘514 disclose the mechanism of claims 1, 7, and 9 above, further comprising: a fixed sun gear arranged coaxially with the chassis axis of rotation; and a motor fixed to the chassis and including a drive dear that operatively engages the fixed sun gear so that rotation of the drive gear by the motor causes rotation of the chassis about the chassis axis of rotation (‘514 – Claim 27).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claim 3-4 and 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and with the inclusion of a terminal disclaimer to overcome the double patenting rejection.
In addition to the remarks of record, the instant claims define over the prior art because the cited prior art does not teach or suggest a drive pin extending from the first gripper element at a position spaced from the first gripper axis of rotation, wherein the drive pin extends into an opening formed in the gripper drive gear (claim 3).
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to Applicant’s disclosure include:
Yamashita et al. (US 2022/0357354) disclose a mechanism for grasping and transferring a container comprising first and second gripping elements configured with gears to cooperate by pivoting towards or away from each other, a motor, and a drive pin.
Barry et al. (US 2004/0096362) disclose a mechanism for grasping and transferring a container comprising first and second gripping elements configured with gears to cooperate by pivoting towards or away from each other, and a motor and worm gear for actuation of the gripping elements.
Ammann et al. (US 2009/0029877) disclose a mechanism for grasping and transferring a container comprising a chassis with a sun gear and motor fixed to the chassis to cause rotation of the chassis.
Citations to art
In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A THOMPSON whose telephone number is (571) 272-0648. The examiner can normally be reached on M-F: 7:00 a.m. - 5:00 p.m..
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E-mail communication Authorization
Per updated USPTO Internet usage policies, Applicant and/or applicant’s representative is encouraged to authorize the USPTO examiner to discuss any subject matter concerning the above application via Internet e-mail communications. See MPEP 502.03. To approve such communications, Applicant must provide written authorization for e-mail communication by submitting the following statement via EFS Web (using PTO/SB/439) or Central Fax (571-273-8300):
Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.
Written authorizations submitted to the Examiner via e-mail are NOT proper. Written authorizations must be submitted via EFS-Web (using PTO/SB/439) or Central Fax (571-273-8300). A paper copy of e-mail correspondence will be placed in the patent application when appropriate. E-mails from the USPTO are for the sole use of the intended recipient, and may contain information subject to the confidentiality requirement set forth in 35 USC § 122. See also MPEP 502.03.
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798
Prosecution Insights