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 27 July 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, transport device (“The connection portion 15 allows to connect the gripping device 10 to a transport device (not depicted in fig. 6).” (orig. spec.)) must be shown or the feature(s) canceled from the claim(s). 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: support element, flexible element (Claims 1-20), connection portion (Claims 2-7), fitting portion (Claims 7 and 16), guide element (Claim 9), and transport device (Claim 17). The terms element, device, and portion are construed to be generic placeholders.
Claim Rejections - 35 USC § 112
Claim 17 is 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 limitation “transport device” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. There is no structure disclosed in the written description or drawings for the transport device. (“The connection portion 15 allows to connect the gripping device 10 to a transport device (not depicted in fig. 6).” (orig. spec.)) Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
Claim(s) 1-9, 11-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fahldiek (US 9725290).
Claim 1: a support element (12) configured to support the container (intended use; alternatively, the support element is C-shaped in pan view and is capable to support for example a dis-shaped protrusion at a bottle neck; col. 1, lines 16-20), and
a flexible element (7a/7b) configured to grab the container (intended use; col. 1, lines 16-20; col. 2, lines 56-60);
wherein the gripping device is configured to transport the container in three dimensions (space has three dimensions; col. 1, lines 16-20 discloses that the containers (intended use) are transported; there is no container shown in the figures, however, the container is implied to be configured to be held by 1 therein; Fig. 9-10 show 1 moving in a vertical direction which is the third dimension; curving with 2 is in two dimensions);
Claim 2: a connection portion configured to connect the gripping device to a transport device (col. 1, lines 18-19);
Claims 3 and 12: wherein the flexible element is configured to be transferred between a receiving position (the position, where the arms (7a,7b) of the flexible element are pivoted outwards) and a holding position (the position, where the arms (7a, 7b) of the flexible element are pivoted inwards);
Claims 4 and 13: wherein the flexible element comprises two holding arms (FIG. 1-3);
Claims 5 and 14: wherein the flexible element is configured to be moved with respect to the support element (FIG. 1-3);
Claims 6 and 15: an elastic element (10; all elements have a modulus of elasticity; therefore, they are elastic) configured to apply a restoring force (col. 2, lines 61-63) to the flexible element;
Claims 7 and 16: wherein each holding arm comprises a fitting portion (equivalent claiming; the article has to fit in a portion to be held) configured to be fitted to the container to be grabbed (FIG. 1-3);
Claim 8: wherein flexible element and/or the support element comprises an at least partially rounded geometry (FIG. 1);
Claim 9: a guide element (profile formed between the arms of the support element in FIG. 1 is construed to be a guide element);
Claim 11: an abutment (11) for definition a position of the flexible element (FIG. 2/3/8);
Claim 17: at least two gripping devices;
a transport device;
wherein the at least two gripping devices are connected to the transport device (col. 1, lines 16-20);
Claim 19: wherein at least two types of gripping devices differs from each other (two types may be construed to be located in two different locations (first/second gripping devices));
Claim 20: gripping (7a/7b) a container (intended use; alternatively, the support element is C-shaped in pan view and is capable to support for example a dis-shaped protrusion at a bottle neck; col. 1, lines 16-20), comprising:
contacting a container with a flexible element (7a/7b);
grabbing the container (intended use; col. 1, lines 16-20; col. 2, lines 56-60) with the flexible element; and
holding the container by a support element (12);
transporting the container in three dimensions (space has three dimensions; col. 1, lines 16-20 discloses that the containers (intended use) are transported; there is no container shown in the figures, however, the container is implied to be configured to be held by 1 therein; Fig. 9-10 show 1 moving in a vertical direction which is the third dimension; curving with 2 is in two dimensions).
Claim(s) 1, 10, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Münch (DE 4218849).
Claim 1: a support element (35) configured to support the container (intended use), and
a flexible element (20; all elements have a modulus of elasticity; therefore, they are flexible) configured to grab the container (intended use);
Claim 10: wherein the gripping device defines an interior space in which the container can be at least partially received (col. 2, lines 42-58; para. [0012] of EPO translation);
Claim 20: gripping (1) a container (6), comprising:
contacting a container with a flexible element (20; all elements have a modulus of elasticity; therefore, they are flexible);
grabbing the container (at least para. [0027]) with the flexible element; and
holding the container (6) by a support element (at least para. [0027]);
transporting the container in three dimensions (at least para. [0027]; lifting the bottle is in the vertical direction; moving it with 5 is in the two other dimensions; also, the pack head (para. [0012]) moves in three dimensions).
Response to Arguments
Applicant's arguments filed 27 July 2026 have been fully considered but they are not persuasive except the arguments re. fitting portion (drawing objection) and Brunee which are fully withdrawn.
Re. the drawing objection of transport device, there is no explicit connection between the transport device and transport assembly. It appears that they are two different structures. Orig. para. [0078] does not mention the transport device at all, only the transport assembly; there is no evident equivalence between the transport device and transport assembly therein. Further, para. [0031] discloses, “The transport assembly may comprise at least two gripping devices according to any one of the embodiments above, wherein the gripping devices are connected to the transport device,” which seems to explicitly, separately delineate the two structures.
Re. the generic placeholders and the 112 rejection of Claim 17, none of the generic placeholders denote structure. For example, “transport device” is a generic device that transports in some way. This is not a well-known machine like a belt conveyor or star wheel which are specific structures.
Re. Claim 1, it is noted that Claim 18 was not simply included into Claim 1 since Claim 18 originally depended on Claim 17; therefore, former Claim 18 is currently not part of Claim 1.
Re. Fahldiek, there is no container shown in the figures; however, the container is implied to be configured to be held by 1 therein. Fig. 9-10 show 1 moving in a vertical direction which is the third dimension; curving with 2 is in two dimensions.
Re. Münch, see at least para. [0027] that discloses lifting the bottle is in the vertical direction and moving it with 5 is in the two other dimensions. Also, the pack head (para. [0012]) moves in three dimensions.
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.
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.
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/Gerald McClain/Primary Examiner, Art Unit 3652
