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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 contains the words “that” within lines 9, 10 and 12 after amending “characterized in that” to “wherein”.
Claim 7 recites “the adjustment position” within line 12 after reciting “an adjusting position” within line 9. Examiner recommends amending “the adjustment position” to “the adjusting position” for consistency.
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 1-19 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 recites the limitation “the particular processing in a particular workstation” within lines 14-15. There is insufficient antecedent basis for this limitation in the claim, and reciting the “particular” workstation fails to positively recite the processing and workstations within the claim. This rejection likewise applies to claim 7.
Claim 2 recites the limitation “can be” within line 5 making it unclear to Examiner if the limitations following the phrase are part of the claimed invention. This rejection likewise applies to claims 7 and 8.
Claims 4 and 17 contain the indefinite pronoun “it”. Please replace with the noun to which it refers.
Claim 12 recites the limitation “the at least one mounting device" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation, “standalone” within quotations making it unclear to Examiner if Applicant intends to define the limitation as a specific meaning other than the broadest reasonable interpretation.
Claims 3, 5-6, 9-11, 14-16 and 18-19 are likewise rejected due to their dependence upon a rejected claim.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Use et al. (US 20230146784 A1).
Regarding claim 1: Use teaches a method for adjusting a transport unit of an electromagnetic transportation system, wherein the transport unit comprises a base body (5; Fig.2), an encoder track connected to the base body for position determination (Para.[0075]) and a carrier unit (6; Fig.1) connected to the base body for transporting objects (Para.[0207], lines 8-11 and Fig.2) is moved along a stator of the transportation system during operation in the transportation system to move an object arranged on the carrier unit for processing between workstations (Para.[0064] and 2; Fig.2), and wherein the transport unit is moved into an adjustment area, which is formed by an adjustment segment (module 4A; Figs.4A-4D), that the transport unit is positioned at an adjustment position in the adjustment area arranged in the adjustment area (Fig.4A), the carrier unit and the encoder track on the base body of the transport unit (Para.0075]) are aligned relative to one another in such a way, that while using the transport unit in the transportation system arranged on the carrier unit maintains a position in the transportation system predetermined for the particular processing in a particular workstation (Fig.4D), and that after alignment, the transport unit is moved out of the adjustment area (Para.[0174]). Use does not teach wherein the carrier is both connected and subsequently adjustable by being detachable.
Use teaches the claimed invention except for the carrier being detachably connected and adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 2: Use further teaches the method according to claim 1, wherein, after moving the transport unit into the adjustment area (Fig.4A), a connection between the base body of the transport unit and the carrier unit is released to such an extent that the carrier unit can be moved relative to the base body of the transport unit in at least one degree of freedom (racks able to be unattached or attached to carriers; Para.[0207], lines 8-11).
Use teaches the claimed invention except for the carrier being detachably connected and adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 3: Use further teaches the method according to claim 1, wherein after the alignment, the connection between the carrier unit and the base body of the transport unit is again fixed (racks unattached or attached to carriers; Para.[0207], lines 8-11). Use does not specifically teach that the carrier is both connected and subsequently adjustable by being detachable.
Use teaches the claimed invention except for the carrier being detachably connected and adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 4: Use further teaches the method according to claim 1, wherein the transport unit is moved into the adjustment area before it is used for the first time in the transportation system (alignment taking place within step (c) of Para.[0157] according to Para.[0170]).
Regarding claim 5: Use further teaches the method according to claim 1, wherein the transport unit is moved into the adjustment area after a predetermined number of times of usage in the transportation system (alignment taking place if misalignment detected; Para.[0223]).
Regarding claim 6: Use further teaches the method according to claim 1, wherein the transport unit is moved into the adjustment area after maintenance, before being used anew in the transportation system (alignment taking place if misalignment detected; Para.[0223]).
Regarding claim 7: Use teaches a service station for adjusting a transport unit of an electromagnetic transportation system, wherein the transport unit can be arranged to be movable along a stator of the electromagnetic transportation system (Fig.2), wherein the transport unit has a base body (5; Fig.2), an encoder track connected to the base body for position determination (Para.[0075]), and a carrier unit for transporting objects (6; Fig.2), which is connected to the base body (6; Fig.2 and Para.[0207], lines 8-11), wherein at least one adjusting segment, which forms an adjustment area (4A; Fig.4A), and a positioning device (30; Fig.2 and 9; Fig.1), which is arranged in the adjustment area, are provided, wherein the transport unit can be movably arranged on the adjusting segment to be positioned at an adjusting position in the adjustment area, and wherein the positioning device is designed to align the carrier unit to the base body of the transport unit positioned in the adjustment position relative to one another (Figs.4A-4D) in such a way that while using the transport unit in the transportation system, an object arranged on the carrier unit maintains a position in the transportation system predetermined for a particular processing in a particular workstation (Fig.2 and Para.[0174]). Use does not teach wherein the carrier is both connected and subsequently adjustable by being detachable or the encoder track being adjustable.
Use teaches the claimed invention except for the carrier being detachably connected and adjustable along with the encoder track being adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 8: Use further teaches the service station according to claim 7, wherein furthermore, at least one mounting device (9; Fig.1) is provided which is designed to cause relative movement between the base body and the carrier unit to such an extent that the carrier unit can be moved in at least one degree of freedom relative to the base body of the transport unit. Use does not teach wherein the carrier is both connected and subsequently adjustable by being detachable.
Use teaches the claimed invention except for the carrier being detachably connected and adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 9: Use further teaches the service station according to claim 8, wherein the at least one mounting device (9; Fig.1) is further configured to align the carrier unit to the base body (9; Fig.1). Use does not teach wherein the carrier is both connected and subsequently adjustable by being detachable.
Use teaches the claimed invention except for the carrier being detachably connected and adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 10: Use further teaches the service station according to claim 7, wherein the positioning device is designed as a mechanical stop (mechanical aligner 30; Fig.2).
Regarding claim 11: Use further teaches the service station according to claim 7, wherein the positioning device is designed as an automation unit (use of digital vision unit; Para.[0117]).
Regarding claim 12: Use further teaches the service station according to claim 11, including the automation unit and the use at least one mounting device (9; Fig.1). Use does not teach wherein the automation unit also includes the use of the mounting device.
Use teaches the claimed invention except for the mounting device being used within the automation unit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to also use the mounting device within the automation device, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C).
Regarding claim 13: Use further teaches the service station according to claim 7, wherein the service station is designed as a "standalone" service station (section of 4A for alignment; Fig.2).
Regarding claim 14: Use further teaches the service station according to claim 7, wherein the service station is integrated in the electromagnetic transportation system (section of 4A for alignment connected to further track segments; Fig.2).
Regarding claim 15: Use further teaches the service station according to claim 11, wherein the positioning device is designed as a robot unit (positioning utilizing mechanical aligner in cooperation with the digital vision system; Para.[0117]).
Regarding claim 16: Use further teaches the method according to claim 2, wherein after the alignment (Figs.4A-4D), the connection between the carrier unit and the base body of the transport unit is again fixed (racks unattached or attached to carriers; Para.[0207], lines 8-11). Use does not teach wherein the carrier is both connected and subsequently adjustable by being detachable.
Use teaches the claimed invention except for the carrier being detachably connected and adjustable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the carrier position adjustable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). See MPEP § 2144.04(V)(D).
Regarding claim 17: Use further teaches the method according to claim 2, wherein the transport unit is moved into the adjustment area before it is used for the first time in the transportation system (alignment taking place within step (c) of Para.[0157] according to Para.[0170]).
Regarding claim 18: Use further teaches the method according to claim 2, wherein the transport unit is moved into the adjustment area after a predetermined number of times of usage in the transportation system (alignment taking place if misalignment detected; Para.[0223]).
Regarding claim 19: Use further teaches the method according to claim 2, wherein the transport unit is moved into the adjustment area after maintenance, before being used anew in the transportation system (alignment taking place if misalignment detected; Para.[0223]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEAVEN BUFFINGTON whose telephone number is (703)756-1546. The examiner can normally be reached Monday-Friday 9:00am to 5:00pm ET.
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/HEAVEN R BUFFINGTON/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
Prosecution Insights