Prosecution Insights
Last updated: April 19, 2026
Application No. 18/777,232

CONTAINER PROCESSING SYSTEM FOR PRODUCING CONTAINERS FROM PREFORMS

Non-Final OA §102§112
Filed
Jul 18, 2024
Examiner
TSUI, YUNG-SHENG M
Art Unit
1743
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Krones AG
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
71%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
342 granted / 521 resolved
+0.6% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
36 currently pending
Career history
557
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
35.7%
-4.3% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
23.0%
-17.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 521 resolved cases

Office Action

§102 §112
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 . DETAILED ACTION Status of the Claims Claims 1-18 are pending and the subject of this NON-FINAL Office Action. This is the first action on the merits. Claim Interpretations The independent claims require “fictitious” areas, which are interpreted as any arbitrary area. Intended uses of the claimed system do not differentiate the system. For example, “for producing preforms” does not differentiate the “production machine.” Similarly, the claimed components of the system are so generic and broad, and never limited to any particular species in the specification (although one example for each component is disclosed, e.g. injection molding “production machine”), that the claims encompass any generic “production machine,” “sorting device,” “transport device,” “inspection device,” “removal device,” “heating device” and “aseptic block.” In other words, the claims are so generic that they encompass a very large amount of prior art. Claim Rejections - 35 USC § 112- Indefiniteness 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. Claims 1-18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claims 1 and 11, the meaning of the “fictitious” areas are unclear because fictitious means fake, or not existing. In fact, the specification describes these areas in the same way: “The term ‘fictitious base area’ is understood to mean an imaginary base area occupied by the container processing system” (para. 0010). Thus, these “fictitious” areas are fundamentally contrary to reality. Applicants should also note that all other elements of all claims are incredibly conventional in the art as demonstrated below; thus, there is massive confusion at the very point of possible novelty. In claims 1-2 and 11-12, “the base area” is confusing because two base areas are disclosed. It is unclear which is being referenced. 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) A person shall be entitled to a patent unless – (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; or (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. Claims 1-8 and 10 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by FORSTHOEVEL (US20130056913). As to claim 1, FORSTHOEVEL teaches container processing system for producing containers from preforms, the container processing system comprising a production machine 2 for producing preforms (Fig. 1), a heating device 12 for heating preforms (Fig. 1), a blow molding machine 14 for molding preforms into containers (Fig. 1), a first transport device 4/16 for transporting preforms along a first transport direction to the heating device (Fig. 1) and a second transport device 42 and conveyor within heater for transporting heated preforms from the heating device to the blow molding machine (Fig. 1), wherein the container processing system occupies an area. As to claim 2, the claimed “fictitious” area is any arbitrary area disclosed in FORSTHOEVEL. As to claim 3, FORSTHOEVEL teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 4, FORSTHOEVEL teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 5, FORSTHOEVEL teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Fig. 1). As to claim 6, FORSTHOEVEL teaches the container processing system furthermore comprises a sorting device 4 for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet (Fig. 1 and paras. 0045 & 0061). As to claim 7, FORSTHOEVEL teaches the sorting device is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Fig. 1). As to claim 8, FORSTHOEVEL teaches a switch/guide, with which a feeding of preforms from the production machine or the sorting device can be controlled, is arranged upstream of the outlet (para. 0006). As to claim 10, FORSTHOEVEL teaches the production machine comprises a removal device for removing produced preforms from a tool of the production machine, and wherein the removal device can feed the preforms to an outlet of the production machine, or to the first transport device, or to a receptacle depending on an inspection result (Fig. 1, para. 0045, 0061). Claims 1-7 and 9-18 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by KLENK (US20190322514). As to claim 1, KLENK teaches container processing system for producing containers from preforms, the container processing system comprising a production machine 100 for producing preforms (Figs. 1 and 3), a heating device 50/300 for heating preforms (Figs. 1 and 3), a blow molding machine 10 for molding preforms into containers (Figs. 1 and 3), a first transport device 61 for transporting preforms along a first transport direction to the heating device (Figs. 1 and 3) and a second transport device 11 with conveyor within heater 50/10 for transporting heated preforms from the heating device to the blow molding machine (Figs. 1 and 3), wherein the container processing system occupies an area (Figs. 1 and 3 clearly shows multiple conveyors such as carousels and feed paths that in sum are longer than the footprint of the total system). As to claim 2, the claimed “fictitious” area is any arbitrary area disclosed in KLENK. As to claim 3, KLENK teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Figs. 1 and 3). As to claim 4, KLENK teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Figs. 1 and 3). As to claim 5, KLENK teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Figs. 1 and 3). As to claim 6, KLENK teaches the container processing system furthermore comprises a sorting device for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet (paras. 0010, 0025). As to claim 7, KLENK teaches the sorting device is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Figs. 1 & 3). As to claim 9, KLENK teaches the production machine comprises an inspection device for inspecting preforms (paras. 0010, 0025). As to claim 10, KLENK teaches the production machine comprises a removal device for removing produced preforms from a tool of the production machine, and wherein the removal device can feed the preforms to an outlet of the production machine, or to the first transport device, or to a receptacle depending on an inspection result (paras. 0008, Fig. 3). As to claim 11, KLENK teaches container processing system for producing containers from preforms, the container processing system comprising a production machine for producing preforms, a heating device for heating preforms, an aseptic block 30 for aseptically producing containers from the preforms and for aseptically filling and closing containers (Figs. 1 & 3), a first transport device for transporting preforms along a first transport direction to the heating device and a second transport device for transporting heated preforms from the heating device to the aseptic block (Figs. 1 & 3). As to claim 12, KLENK teaches the aseptic block comprises an aseptic chamber and a blow molding machine arranged therein for forming the preforms into containers, a filling machine arranged downstream of the blow molding machine for filling the containers, and a closer arranged downstream of the filling machine for closing the containers (para. 0033). As to claim 13, the claimed “fictitious” area is any arbitrary area disclosed in KLENK. As to claim 14, KLENK teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Figs. 1 & 3). As to claim 15, KLENK teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Figs. 1 & 3). As to claim 16, KLENK teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Figs. 1 & 3). As to claim 17, KLENK teaches the container processing system furthermore comprises a sorting device for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet. As to claim 18, KLENK teaches the sorting device 60 is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Figs. 1 & 3). Claims 1-8 and 10-18 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by ADRIANSENS (US20130133297). As to claim 1, ADRIANSENS teaches container processing system for producing containers from preforms, the container processing system comprising a production machine for producing preforms (Fig. 1, para. 0007), a heating device 26 for heating preforms (Fig. 1), a blow molding machine 38 for molding preforms into containers (Fig. 1), a first transport device for transporting preforms along a first transport direction to the heating device (conveyor within enclosure 19; Fig. 1) and a second transport device for transporting heated preforms from the heating device to the blow molding machine (conveyor between oven and blow molder; Fig. 1), wherein the container processing system occupies an area 10 or 16 (the conveyors are so long, e.g. in oven 26 and various transfer wheels and carousels that the length of all the trave is clearly much longer than the length of the plant 10 or building 16; Fig. 1). As to claim 2, the claimed “fictitious” area is any arbitrary area disclosed in ADRIANSENS. As to claim 3, ADRIANSENS teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 4, ADRIANSENS teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 5, ADRIANSENS teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Fig. 1). As to claim 6, ADRIANSENS teaches the container processing system furthermore comprises a sorting device 19-33 for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet (Fig. 1). As to claim 7, ADRIANSENS teaches the sorting device is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Figs. 1 & 5). As to claim 8, ADRIANSENS teaches a switch, with which a feeding of preforms from the production machine or the sorting device can be controlled, is arranged upstream of the outlet (para. 0047). As to claim 10, ADRIANSENS teaches the production machine comprises a removal device 24, 21, or 38 for removing produced preforms from a tool of the production machine, and wherein the removal device can feed the preforms to an outlet of the production machine, or to the first transport device, or to a receptacle depending on an inspection result (Figs. 1 & 5). As to claim 11, ADRIANSENS teaches container processing system for producing containers from preforms (see above), the container processing system comprising a production machine for producing preforms (see above), a heating device for heating preforms (see above), an aseptic block 48/50/52 for aseptically producing containers from the preforms and for aseptically filling and closing containers (Fig. 1), a first transport device for transporting preforms along a first transport direction to the heating device and a second transport device for transporting heated preforms from the heating device to the aseptic block (Fig. 1). As to claim 12, ADRIANSENS teaches the aseptic block comprises an aseptic chamber and a blow molding machine arranged therein for forming the preforms into containers, a filling machine arranged downstream of the blow molding machine for filling the containers, and a closer arranged downstream of the filling machine for closing the containers (paras. 0106-07, 0237-40). As to claim 13, the claimed “fictitious” area is any arbitrary area disclosed in ADRIANSENS. As to claim 14, ADRIANSENS teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 15, ADRIANSENS teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 16, ADRIANSENS teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Fig. 1). As to claim 17, ADRIANSENS teaches the container processing system furthermore comprises a sorting device for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet (Figs. 1 & 5). As to claim 18, ADRIANSENS teaches the sorting device is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Figs. 1 & 5). Claims 1-7 and 9-18 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by KITANO (US20130061557). As to claim 1, KITANO teaches container processing system for producing containers from preforms, the container processing system comprising a production machine 6 for producing preforms (Fig. 1), a heating device 58 for heating preforms (Fig. 1 & 5), a blow molding machine 8 for molding preforms into containers (Fig. 1 & 5), a first transport device 14/15/17 for transporting preforms along a first transport direction to the heating device (Fig. 1) and a second transport device 59 or conveyor in 58 for transporting heated preforms from the heating device to the blow molding machine (Fig. 1 & 5), wherein the container processing system occupies an area 2 (Fig. 1). As to claim 2, the claimed “fictitious” area is any arbitrary area disclosed in KITANO. As to claim 3, KITANO teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 4, KITANO teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 5, KITANO teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Fig. 1). As to claim 6, KITANO teaches the container processing system furthermore comprises a sorting device for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet (Figs. 2-3). As to claim 7, KITANO teaches the sorting device is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Figs. 2-3). As to claim 9, KITANO teaches inspection window with hinge on preform mold machine 6, which can be opened (para. 0071, Fig. 1). As to claim 10, KITANO teaches the production machine comprises a removal device for removing produced preforms from a tool of the production machine, and wherein the removal device can feed the preforms to an outlet of the production machine, or to the first transport device, or to a receptacle depending on an inspection result (Figs. 2-3). As to claim 11, KITANO teaches container processing system for producing containers from preforms (see above), the container processing system comprising a production machine for producing preforms (see above), a heating device for heating preforms (see above), an aseptic block 9 for aseptically producing containers from the preforms and for aseptically filling and closing containers (Fig. 1), a first transport device for transporting preforms along a first transport direction to the heating device and a second transport device for transporting heated preforms from the heating device to the aseptic block (Fig. 1). As to claim 12, KITANO teaches the aseptic block comprises an aseptic chamber and a blow molding machine arranged therein for forming the preforms into containers, a filling machine arranged downstream of the blow molding machine for filling the containers, and a closer arranged downstream of the filling machine for closing the containers (Fig. 1). As to claim 13, the claimed “fictitious” area is any arbitrary area disclosed in KITANO. As to claim 14, KITANO teaches an outlet of the production machine encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 15, KITANO teaches an inlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the first transport direction (Fig. 1). As to claim 16, KITANO teaches an outlet of the heating device encloses an angle between 0° and 90° or between 30° and 60° with the second transport direction (Fig. 1). As to claim 17, KITANO teaches the container processing system furthermore comprises a sorting device for removing and aligning preforms from a supply, and wherein the sorting device can feed aligned preforms to an outlet of the production machine, wherein a transport direction of the preforms from the sorting device to the outlet is parallel to a transport direction of preforms within the production machine to the outlet (Figs. 2-3). As to claim 18, KITANO teaches the sorting device is arranged at a higher height level than the production machine and, when viewed in a direction perpendicular to the component base area of the production machine, is arranged at least partially overlapping with the production machine (Figs. 2-3). Prior Art The prior art is replete with plants comprising injection molding machine with cameras or other inspection devices and removal devices, heater, blow molding machine, filler/cappers (always aseptic), sorting devices, various conveyors; among the innumerable examples: US6451243; US20160129622; EP3960423A1; US20160023397; US20170312977; US 6393803. In addition, motivation to make compact plants is found throughout the art: e.g. US6451243 (Abstract). Conclusion No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY TSUI whose telephone number is (571)272-1846. The examiner can normally be reached Monday - Friday, 9am - 5pm. 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, Galen Hauth can be reached at 571-270-5516. 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. /YUNG-SHENG M TSUI/ Primary Examiner, Art Unit 1743
Read full office action

Prosecution Timeline

Jul 18, 2024
Application Filed
Nov 19, 2025
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
71%
With Interview (+5.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 521 resolved cases by this examiner. Grant probability derived from career allow rate.

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