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 .
This action is in response to the amendments and remarks received on May 5, 2026.
Election/Restrictions
Applicant’s election without traverse of claims 1-10 in the reply filed on November 25, 2025 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 25, 2025.
Response to Arguments
Applicant's arguments filed May 5, 2026 have been fully considered but they are not persuasive.
Applicant has argued that PETERMAN et al. fails to disclose a dispensing mechanism comprising a lateral movement section that “actuates” lateral movement of a pick head as currently claimed. In particular, applicant's argument on page 9 of the pending remarks references the failure of PETERMAN et al. to show certain features of the invention; however, it is noted that the features upon which applicant relies (i.e. a motor, actuator, drive mechanism, control signal or automated mechanism) are not recited in amended claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims.1
Nonetheless, figures 2 and 15 of PETERMAN et al. illustrates lateral movement (see Diagram I below of figure 2) of the pick head 60 from a loading position to an unloading position. As referenced in the previous and current 35 USC 102(a)(1) rejection, paragraph [0039] of PETERMAN et al. discloses that the pick head 60 is configured for movement/translation from various positions. This movement is actuated by means that are not discussed in detail but are inherently understood to exist per the recitation of the pick head 60 being coupled to a robotic arm per the lateral movement arm 42.
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Diagram I
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, 2, 5, 7-10, 23, 24, 26 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PETERMAN et al. (US 2018/0244410).
In reference to claims 1 and 5, PETERMAN et al. discloses a dispensing mechanism (figure 1) comprising: a plurality (figure 13) of pick heads 60A, 60B operably coupled to a frame 48 by a lateral movement arm 42 in a lateral movement section (figure 4; paragraph [0039]), the lateral movement section configured to provide lateral movement (paragraph [0039]) to at least one pick head 60; and wherein the pick head 60 comprises at least two arms 64, 66, 68 configured to provide force along two different axes (paragraphs [0037] & [0052-0056]) to a container A.
Regarding claim 2, figure 11 of PETERMAN et al. further discloses the pick head 60 configured to pick-up a container A from a feed transport mechanism 24 and transport the container A into an opened receptacle 32.
With respect to claims 7 and 8, figure 13 of PETERMAN et al. discloses the plurality of pick heads 60A, 60B are arranged radially (figure 3) about an axis 51 of hub 46, J1 by a plurality of connector arms 50A, 50B/50, 50’ ; wherein the connector arms are spaced along a rotational axis 51 such that an angle of the connector arms can be equal.
In reference to claim 9, figure 11 of PETERMAN et al. further discloses the dispensing mechanism configured to dispense a container A from either of the plurality of pick heads 60A, 60B into an opened receptacle 32.
Regarding claim 10, figure 11 of PETERMAN et al. further discloses the pick heads 60A, 60B configured to pick-up a container A from a feed transport mechanism 24.
With respect to claim 23, figure 3 of PETERMAN et al. further discloses the hub 46 operably connecting a lateral movement arm of a first one of the pick heads 60A with the plurality of connector arms of a second one of the pick heads 60B.
In reference to claim 24, PETERMAN et al. further discloses the dispensing mechanism configured to rotate the plurality of pick heads about axis 51 of the hub 46, J1.
Regarding claim 26, figures 11-13 of PETERMAN et al discloses a lateral movement section of a dispensing mechanism, the dispensing mechanism further comprising a plurality of pick heads 60A, 60B arranged radially (figure 3) about an axis 51 of a hub J2 by a plurality of connector arms 54, 54’, 42, 42’; wherein a lateral movement arm 52, 52’ operably connects the hub J2 to a frame 48, the lateral movement arm 52, 52’ being actuated by a lateral movement section J1 to translate the pick heads 60A, 60B respectively.
With respect to claim 29, PETERMAN et al. discloses a dispensing mechanism (figure 1) comprising: a plurality (figure 13) of pick heads 60A, 60B operably coupled to a frame 46 (figure 1) by a lateral movement arm 42, 42’ (figure 4; paragraph [0039]), the lateral movement section J1 configured to actuate lateral movement (paragraph [0039]) the pick heads 60A, 60B (see Diagram I above); and wherein each pick head 60 comprises at least two arms 86, 88 configured to provide force along two different axes (paragraphs [0037] & [0052-0056]) to a container A; the pick heads 60A, 60B arranged radially about a hub 48, J1 by a plurality of connector arms 52, 52’, 54, 54’.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over PETERMAN et al. (US 2018/0244410).
With respect to claim 6, figure 2 of PETERMAN et al. discloses the dispensing mechanism comprising a plurality of pickheads configured to respectively transfer containers to case 32, but does not disclose specifically disclose the plurality of pick heads totaling five picking heads. It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the dispensing mechanism of PETERMAN et al. to have five picking heads since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art.
Claims 3, 4, 21 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over PETERMAN et al. (US 2018/0244410) in view of HUANG et al. (US 7,090,458).
In reference to claims 3, 4 and 28, paragraphs [0038-0040] and figure 4 of PETERMAN et al. discloses the pick head 60 operably (rotably; J3) connected to a joint arm 54 by a connector arm 86; wherein the connector arm 86 is rotably supported by a joint J3 to the joint arm 54 to facilitate rotation of the pick head 60 about the lateral movement arm 42. PETERMAN et al. does not disclose the joint arm 54 as a crank arm.
Figures 3 and 5 of HUANG et al. teach a connector arm 28, 30 of a pick head 14 rotably connected to a crank arm 22, 24 by a crank assembly joint 26. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to modify the joint of PETERMAN et al. to include a crank assembly, thus establishing the joint arm as a crank arm, since column 4 lines 13-27 of HUANG et al. suggest that a crank arm would allow the rotation of the pick head as desired by PETERMAN et al., rendering a crank arm as an art recognized means for rotation of such multi-jointed arm assemblies.
Regarding claims 3 and 21, PETERMAN et al. discloses a dispensing mechanism (figure 1) comprising: a plurality (figure 13) of pick heads 60A, 60B operably coupled to a frame 48 by a lateral movement arm 52 in a lateral movement section (figure 4; paragraph [0039]), the lateral movement section configured to actuate lateral movement (paragraph [0039]) to at least one pick head 60 (see Diagram I above); and wherein the pick head 60 comprises at least two arms 64, 66, 68 configured to provide force along two different axes (paragraphs [0037] & [0052-0056]) to a container A.
PETERMAN et al. does not disclose the joint arm 54 as a crank arm. Figures 3 and 5 of HUANG et al. teach a connector arm 28, 30 of a pick head 14 rotably connected to a crank arm 22, 24 by a crank assembly joint 26. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to modify the joint of PETERMAN et al. to include a crank assembly, thus establishing the joint arm as a crank arm, since column 4 lines 13-27 of HUANG et al. suggest that a crank arm would allow the rotation of the pick head as desired by PETERMAN et al., rendering a crank arm as an art recognized means for rotation of such multi-jointed arm assemblies.
With respect to claim 28, PETERMAN et al. discloses a dispensing mechanism (figure 1) comprising: a plurality (figure 13) of pick heads 60A, 60B operably coupled to a frame 48 by a lateral movement arm 52 (figure 4; paragraph [0039]), the lateral movement section J1 configured to actuate lateral movement (paragraph [0039]) to at least one pick head 60 (see Diagram I above); and wherein the pick head 60 comprises at least two arms 86, 88 configured to provide force along two different axes (paragraphs [0037] & [0052-0056]) to a container A; a connector arm 42 connecting the pick head 60 to an arm that facilitates rotational movement (figures 15 & 16) of the pick head about an axis 51 simultaneously with lateral movement (see Diagram I above) on an orthogonal plane to the lateral movement arm 52.
PETERMAN et al. does not disclose the joint arm 54 as a crank arm. Figures 3 and 5 of HUANG et al. teach a connector arm 28, 30 of a pick head 14 rotably connected to a crank arm 22, 24 by a crank assembly joint 26. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to modify the joint J2 of PETERMAN et al. to include a crank assembly, thus establishing the joint arm as a crank arm, since column 4 lines 13-27 of HUANG et al. suggest that a crank arm would allow the rotation of the pick head as desired by PETERMAN et al., rendering a crank arm as an art recognized means for rotation of such multi-jointed arm assemblies.
Allowable Subject Matter
Claims 22, 25, 27 and 30 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.
Conclusion
Applicant's amendment 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention; for example, NAGATA et al. (US 10,202,212) discloses a dispensing mechanism comprising a plurality of pick heads movable along two different axis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
July 28, 2026
1 See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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