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 .
The amendment filed 13 May 2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the at least one gripping unit comprises an actuator that is assigned to the first part and configured to pivot the first part relative to the second part” and “wherein the at least one gripping unit comprises a pivot joint having an actuator integrated therein and configured to pivot the first part relative to the second part about the pivot axis” (Claim 17, 19) must be shown or the feature(s) canceled from the claim(s). The claimed actuator is not shown; there are no details shown as to how the actuator pivots any structure. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: drive unit (Claims 1-3, 5, 7-8, and 10-19), at least one gripping unit (Claims 1-2, 5, 7-8, and 10-16), and first and second parts (Claim 1-3, 5, 7-8, and 10-19). The term part is construed to be a generic placeholder.
Claim Rejections - 35 USC § 102
Claim(s) 1-3, 5, 10, and 16-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Woller et al. (US 2025/0019181; 102(a)(2) date: Nov. 16, 2021) (“Woller”).
Claim 1: a conveyor (9) apparatus having at least one continuous conveyor at least one circulating conveyor element (8) which can be driven by a drive unit (“circulating belt” implies a drive unit since the belt circulates) in at least one running direction, and
a gripping apparatus (9/10) having at least one gripping unit configured to grip at least one object and to arrange the at least one object (5) gripped on the at least one continuous conveyor, including on the at least one circulating conveyor element, wherein
the at least one gripping unit is forced coupled to the at least one circulating conveyor element so as to move along with the at least one circulating conveyor element in the at least one running direction (para. [0059]); and
the gripping apparatus comprises at least one further gripping unit (another 9/10), the at least one gripping unit and the at least one further gripping unit being arranged one behind the other in the at least one running direction (Fig. 1-2);
wherein the at least one gripping unit comprises a first part and a second part, one or more gripping elements of the at least one gripping unit being arranged on the first part, the first part being coupled to the at least one circulating conveyor element by the second part, and the first part being mounted on the second part so as to be pivotable, including about a pivot axis that is perpendicular to the running direction (9 of one 9/10 pair on 8 is pivotable relative to another 9/10 pair on 8 via rotation axis at end of 8);
Claim 2: wherein the at least one continuous conveyor is configured as a belt conveyor, chain conveyor or circular conveyor (belt conveyor);
Claim 3: wherein the at least one gripping unit is configured as a suction gripper, clamping gripper, or adhesion gripper (adhesion gripper);
Claim 5: wherein the at least one gripping unit is arranged in the center of the at least one continuous conveyor with respect to a transverse extension of the at least one continuous conveyor (Fig. 1; 9/10 in center of 8 at leader 2);
Claim 10: a handling apparatus for handling the device (at least 4 holds the device);
Claim 16: wherein a free end of the at least one gripping unit, which is spaced apart from the at least one circulating conveyor element, is formed by the one or more gripping elements (Fig. 1-3; the free ends of 9/10 do not contact belt 8);
Claim 17: wherein the at least one gripping unit comprises an actuator (11 aids in pivoting as claimed) that is assigned to the first part and configured to pivot the first part relative to the second part.
Claim Rejections - 35 USC § 103
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woller in view of Robert et al. (US 2021/0386037) (“Robert”). Woller discloses all the limitations of the claims as discussed above.
Woller does not directly show:
Claim 7: wherein the at least one continuous conveyor comprises at least one further circulating conveyor element, the at least one circulating conveyor element and the at least one further circulating conveyor element being arranged next to one another.
Robert shows a similar device having:
Claim 7: wherein the at least one continuous conveyor comprises at least one further circulating conveyor element, the at least one circulating conveyor element and the at least one further circulating conveyor element being arranged next to one another (para. [0034], last sentence; the actuator can be a manually actuated tool);
with a reasonable expectation of success for the purpose of allowing differently sized objects to be conveyed on the circulating conveyor (para. [0034]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Woller as taught by Robert and include Robert’s similar device having:
Claim 7: wherein the at least one continuous conveyor comprises at least one further circulating conveyor element, the at least one circulating conveyor element and the at least one further circulating conveyor element being arranged next to one another;
with a reasonable expectation of success for the purpose of allowing differently sized objects to be conveyed on the circulating conveyor.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woller in view of Klapperich (WO 2021/148201). Woller discloses all the limitations of the claims as discussed above.
Woller does not directly show:
Claim 8: wherein at least one imaging sensor unit is configured to detect objects to be gripped.
Klapperich shows a similar device having:
Claim 8: wherein at least one imaging sensor unit is configured to detect objects to be gripped (camera);
with a reasonable expectation of success for the purpose of automatically counting the number of objects to be gripped to obtain an accurate number of objects to be stored (p. 1, line 8 to p. 2, line 2). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Woller as taught by Klapperich and include Klapperich’s similar device having:
Claim 8: wherein at least one imaging sensor unit is configured to detect objects to be gripped;
with a reasonable expectation of success for the purpose of automatically counting the number of objects to be gripped to obtain an accurate number of objects to be stored.
Claim(s) 11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woller in view of Christensen et al. (US 2009/0074546) (“Christensen”). Woller discloses all the limitations of the claims as discussed above; and
Claim 11: method for handling objects by means of the device:
gripping at least one object,
driving the at least one circulating conveyor element in the at least one running direction by means of the drive unit, wherein the al least one gripping unit is also moved in the at least one running direction by forced coupling with the at least one circulating conveyor element and the at least one object gripped is arranged on the at least one continuous conveyor (para. [0059]);
Claim 14: wherein the at least one gripping unit comprises a first part and a second part, and the first part is pivoted relative to the second part in order to grip the at least one object;
wherein the first part is pivoted relative to the second part before the at least one object is contacted by the at least one gripping unit (9 of one 9/10 pair on 8 is pivotable relative to another 9/10 pair on 8 via rotation axis at end of 8);
Claim 15: wherein the first part is pivoted relative to the second part after gripping the at least one object in order to arrange the at least one object gripped on the at least one continuous conveyor (9 of one 9/10 pair on 8 is pivotable relative to another 9/10 pair on 8 via rotation axis at end of 8).
Woller does not directly show:
Claim 11: gripping at least one object, including a cardboard box.
The claimed article conveyed is patentably distinguishable over another article in method claims (see MPEP 2115 for apparatus claims vis the article conveyed).
Christensen shows a similar device having:
Claim 11: gripping at least one object, including a cardboard box (para. [0087]);
with a reasonable expectation of success for the purpose of allowing different types of objects to be conveyed with different types of surfaces that need to be held for conveyance (col. 4, lines 21-23). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Woller as taught by Christensen and include Christensen’s similar device having:
Claim 11: gripping at least one object, including a cardboard box;
with a reasonable expectation of success for the purpose of allowing different types of objects to be conveyed with different types of surfaces that need to be held for conveyance.
Allowable Subject Matter
Claims 12-13 and 18-19 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.
The following is a statement of reasons for the indication of allowable subject matter: for the method claims, the following are allowable in combination with the intervening claims.
Claim 12: wherein the at least one gripping unit grips the at least one object in a vertically lower region of the at least one object with respect to a vertical extension of the at least one object;
Claim 13: wherein an angle of inclination of the at least one continuous conveyor is changed in order to grip the at least one object;
Claim 18: wherein the at least one gripping unit comprises a pivot joint configured to connect the first part and the second part;
Claim 19: wherein the at least one gripping unit comprises a pivot joint having an actuator integrated therein and configured to pivot the first part relative to the second part about the pivot axis
Response to Arguments
Applicant's arguments filed 13 May 2026 have been fully considered but they are not persuasive except for the objections that are withdrawn. There are new drawing objections above per claim amendments.
Re. the “by” argument, the claim is capable of being interpreted under BRI such that the claimed coupling is located closely by the second part to anticipate the claim.
Conclusion
Applicant's amendment (at least new Claims 17-19) necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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, Saul Rodriguez can be reached at (571) 272-7097. 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.
/Gerald McClain/Primary Examiner, Art Unit 3652
Prosecution Insights