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 .
Application Status
This action is responsive to the claims filed 2 January 2026 and request for continued examination filed 10 February 2026.
Claims 1-4 and 8-9 are currently pending and being examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 February 2026 has been entered.
Drawings
The drawings were received on 2 January 2026. These drawings are acceptable.
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.
Claim 1 and dependents 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.
Claim 1 line 1 recite “fixture for unpacking a carton”, but the fixture is not for unpacking a carton, which by definition would mean items are being removed from a carton. The fixture appears to be for erecting, opening, or setting-up boxes and then placing contents in the box as evidenced by Specification ¶[0042]-[0043]. Examiner will interpret as “fixture for opening and/or erecting a carton”, which is the terms known in the art and used in B65B43/26.
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.
Claim(s) 1-2, 4, and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/042667 A1, hereinafter WO ‘667, reference made to the Espacenet translation provided on 4 June 2025 in view of Langen (US 2015/0324893).
Claim 1, WO ‘667 teaches a fixture for opening and/or erecting a carton (Abstract), comprising:
a fixed portion (31-fig.3); and
a rotating portion (32-fig.3),
wherein the fixed portion (31-fig.3) comprises:
a first frame (311-fig.3);
a first plurality of suction (313-fig.4) components arranged on the first frame and capable of sucking a first part of the carton (¶[0053]); and
a first driving component (314-fig.4) arranged on the first frame (¶[53]); and
wherein the rotating portion (32-fig.3) comprises:
a second frame (321-fig.3) connected to the first frame and capable of rotating or being fixed relative to the first frame under the driving of the first driving component (¶[55]);
a third frame (322-fig.4) arranged on the second frame and capable of moving relative to the second frame (¶[54]);
a second plurality of suction components (326-fig.4) arranged on the third frame and capable of sucking a second part of the carton (¶[54]); and
a second driving component (324-fig.4) connected to the second frame and the third frame and configured to fix the third frame to the second frame before the second plurality of suction components suck the carton, and not fix the third frame to the second frame after the second plurality of suction components suck the carton ([54]).
WO’ 667 does not expressly teach the rotating portion is rotatable between a first position and a second position, wherein an angle between the fixed portion and the rotating portion is 180 degrees when the rotating portion is in the first position, wherein an angle between the fixed portion and the rotating portion is 0 degrees when the rotating portion is in the second position.
However, Langen teaches a fixture (120b-fig.31) for opening and/or erecting a carton (¶[0060]), comprising:
a fixed portion (at least 312,327-fig.31; ¶[0131]-[0132]); and
a rotating portion (at least 320,353,325-fig.31; ¶[0136],[0160]);
wherein the rotating portion is rotatable between a first position (figs.31-33, 35A) and a second position (fig.18, 35B; ¶[0160]-[0171]),
wherein an angle between the fixed portion and the rotating portion is 180 degrees when the rotating portion is in the first position (figs.31-33, 35A), wherein an angle between the fixed portion and the rotating portion is 0 degrees when the rotating portion is in the second position (fig.18, 35B; “By way of further explanation, the two erector heads of system 100 can each in turn be employed to engage and hold onto the top panel A of blank 111. Once a blank 111 is retrieved from the top of the stack of blanks, the rotator arm 1351 can be rotated approximately 180 degrees such that suction cups 1320 of rotator device 1350 can engage and hold onto the underside panel D of blank 111.” ¶[0185]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of WO ‘667, by operating an erecting fixture wherein the fixture has at least 180 degrees of motion, as taught by Langen, as an alternative method of erecting the box, wherein instead of pushing the box open, the box is rather folded open which is less likely to damage the box and ensure proper opening. Additionally, if there are two erector heads in one operation it is advantageous to have them be “180 degrees out of phase with the movement and operation of erector head 120b. By providing two erector heads 120a and 120b operating simultaneously, but out of phase so one does not interfere with the other, the processing capacity of blanks can be increased significantly”. (Langen ¶[0177])
Claim 2, WO ‘667 as modified by Langen teaches the fixture according to claim 1, wherein the third frame (WO ’667: 322-fig.4) is arranged on the second frame (WO ‘667: 321-fig.3) through linear guide rails (WO ’667: 323-fig.3) arranged on the second frame (WO ’667: ¶[54]).
Claim 4, WO ‘667 as modified by Langen teaches the fixture according to claim 1, wherein the fixed portion (WO ’667: 31-fig.3) further comprises a flange made of square steel (WO ’667: 311, 316-fig.3; ¶[50]) and configured to connect the fixed portion to an industrial robot (WO ’667: ¶[53]).
Claim 8, WO ‘667 as modified by Langen teaches the fixture according to claim 1, wherein the second driving component (WO ’667: 324-fig.4) comprises a cylinder (WO ’667: ¶[54]).
Claim 9, WO ‘667 as modified by Langen teaches the fixture according to claim 1.
WO’ 667 does not teach the first frame, the second frame and the third frame are made of aluminum profile.
However, Langen teaches frames made of aluminum (¶[0063],[0128]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of WO '667, by making the frames from aluminum, as taught by Langen, because the frame can be made of aluminum and steel because they are known equivalent materials, additionally aluminum is known to be a light weight material and rust proof.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/042667 A1, hereinafter WO ‘667, reference made to the Espacenet translation provided on 4 June 2025, in view of Langen (US 2015/0324893), further in view of Gebhardt (US 2007/0293383).
Claim 3, WO ‘667 as modified by Langen teaches the fixture according to claim 1, wherein the first driving component (WO ’667: 314-fig.4).
WO ‘667 does not teach a servo motor, and the second frame comprises a sprocket connected to the servo motor through a chain.
However, Gebhardt teaches a servo motor, a sprocket, and a chain (134-fig.6; ¶[0033]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of WO '667 as modified by Langen, by using a chain-drive system, as taught by Gebhardt, as a known equivalent drive system. (Gebhardt ¶[0033]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and dependents have been considered but are moot because the arguments do not apply to the reference being used in the current rejection. Applicant has amended claim 1, therefore WO ‘667 is not relied upon for teaching the newly added subject matter of claim 1. See the new grounds for rejection above, WO ‘667 in view of Langen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
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