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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 15, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-5 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lomerson, Jr. (US 9,156,570).
As to claim 1, Lomerson, Jr. discloses an automated gripping device (robotic packaging apparatus – see col. 1, lines 15-16), as illustrated in Figures 1-14, comprising a bracket (16) on frame assembly (18); a first arm (30) and a second arm (31) pivotally (via hinge pins 34,35) connected to the bracket; and a vacuum device (26) coupling at a second portion (22) of the bracket below the first and second arm (see Figure 4), the vacuum device having a bellow (see col. 2, line 51).
With claim 2, the first arm and the second arm each having a gripping member (40,41).
With claim 3, the vacuum device has bellows above the gripping member (see Figures 6-7).
With claim 4, the vacuum device has bellows below the gripping member (see Figures 4-5).
With claim 5, the vacuum device includes a first vacuum (24,26) and a second vacuum (24,26) (see annotated Figure 4 below).
PNG
media_image1.png
331
443
media_image1.png
Greyscale
As to claim 12, Lomerson, Jr. discloses a robotically-operated gripping device (10), as illustrated in Figures 1-14, comprising a frame assembly (18) having a bracket (16); a clamping device (30,31) coupled (via hinge pins 34,35) to a top portion of the bracket; and a vacuum device (26) having a first vacuum and a second vacuum (see annotated Figure 4 above), the vacuum device is coupled to a bottom portion of the bracket via frame assembly (18).
With claim 13, the vacuum device includes a sealing end cup with a flexible bellows (see col. 2, line 51) extending above and below the clamping device (see Figures 4-7).
With claim 14, the clamping device is configured to clamp an object (1) in an area between the vacuum device (see Figures 6-7).
Claims 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US 5,024,575).
As to claim 6, Anderson discloses a transporting system (see Abstract), as illustrated in Figures 1-3, comprising a frame assembly (10-14); a pair of hinge arms (45,49) coupled to the frame assembly; and a vacuum device (40-41) having a first vacuum and a second vacuum (see annotated Figure 3 below), the pair of arms coupled perpendicular to the first vacuum and the second vacuum.
PNG
media_image2.png
165
398
media_image2.png
Greyscale
With claim 7, the frame assembly includes a bracket (47).
With claim 8, the pair of hinge arms and the vacuum device are coupled to the bracket.
With claim 9, the transporting system further includes a robotic arm configured to selectively position the frame assembly (robotic device attaches to the center area 16 of the mounting plate, and includes provisions for lifting and lowering, horizontal translation, and rotational reorientation – see col. 2, line 68 – col. 3, lines 1-3).
With claim 10, the transporting system includes a pneumatic assembly (48) (fluid actuating cylinders 48 mounted on the frame elements 13, 14 and joined to the flaps by pivoted connecting links – see col. 4, lines 62-66) coupled to the pair of hinge arms.
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 1,5, and 12-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2,5-6,8, and 10 of U.S. Patent No. 11,623,352. Although the claims at issue are not identical, they are not patentably distinct from each other because the referenced U.S. Patent No. 11,623,352 and the instant application are claiming common subject matter, as follows: a robotically-operated gripping device comprising a frame assembly, a clamping device, and a vacuum device.
Claims 1,5, 12-13, and 15-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2,5-6,8, and 10 of U.S. Patent No. 12,036,665. Although the claims at issue are not identical, they are not patentably distinct from each other because the referenced U.S. Patent No. 12,036,665 and the instant application are claiming common subject matter, as follows: a robotically-operated gripping device comprising a frame assembly, a clamping device, and a vacuum device.
Allowable Subject Matter
Claim 11 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wagner’402, Ban, and Tamai are cited as being relevant art, because each prior art discloses a gripping device comprising a frame assembly, a clamping device, and a vacuum device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 7:00 am - 3:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
STEPHEN VU
Primary Examiner
Art Unit 3654
/STEPHEN A VU/ Primary Examiner, Art Unit 3654
Prosecution Insights