DETAILED ACTION
Claim Objections
Claims 16 & 21 are objected to because of the following informalities:
With regard to claim(s) 16, line(s) 2, “carousel rotates” appears to be more proper grammar with something such as --carousel that rotates--.
With regard to claim(s) 21, “brakes is” should be --brakes are--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
These claim(s) depend from cancelled claim(s).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 17-29 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
These claim(s) depend from cancelled claim(s).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(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) 16, 22, 25, 28-30 & 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamashita (JPH 04142239).
Yamashita (JPH 04142239) disclose(s):
Apparatus, figure(s) 1;
Handler 30;
Containers, abstract;
Carousel 31;
Central axis, center point of circle 31, figure(s) 1;
Container mounts 32;
Transport route, clockwise from 21 to 22, figure(s) 1;
Brakes 39 & 60 et al., figure(s) 2;
Braking portion, clockwise arc from lower left 60 to lower right 60;
Brake control curve 39;
Drives 37;
Labeling and adhesive application at 40.
With regard to claim(s) 16, Yamashita (JPH 04142239) disclose(s) an apparatus, figure(s) 1, comprising a handler 30 for containers, abstract, said handler 30 comprising a carousel 31 rotates about a central axis, center point of circle 31, container mounts 32 arranged on said carousel 31 to transport said containers along a transport route, from 21 to 22, that extends along a portion of a circumference of said carousel, said container mounts being rotatable while traversing said portion of said circumference, and brakes, 39 & 60 et al., each of which applies a variable braking force that variably brakes rotation of a corresponding one of said mounts along a braking portion of said transport route.
With regard to claim(s) 30, Yamashita (JPH 04142239) disclose(s) a method comprising delivering containers, abstract, to a handler 30, arranging said containers on corresponding container mounts 32 of said handler 30, using a carousel 31 to move said containers along a transport route, from 21 to 22, through said handler 30, while using said carousel 31 to move said containers along said transport route, from 21 to 22, rotating said container mounts, and applying a variable braking force, via 39 & 60 et al., to each of said container mounts 32 while said container mount traverses a braking portion of said transport route, from 21 to 22.
With regard to claim(s) 28, Yamashita (JPH 04142239) disclose(s) a mount comprising a rotating plate.
Claim Rejections - 35 USC § 103
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 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.
Claims 17-20, 27 & 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita (JPH 04142239).
As the applicant has failed to show criticality or unexpected results, the recited percentages and angles is/are taken as a matter of design choice.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Yamashita (JPH 04142239) to provide/substitute the recited percentages and angles in order to either increase efficiency or accommodate practical considerations.
Conclusion
Claims 21, 23-24 & 26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd and 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ) 4th paragraphs, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653