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 .
Election/Restrictions
Applicant's election with traverse of claims 1-2, 4-5, 7, 10, 12-13, and 15 in the reply filed on 05/08/2026 is acknowledged. The traversal is on the ground(s) that the Deutschle reference fails to teach the technical feature of filling a plurality of containers arranged in a nest. This is not found persuasive because Deutschle discloses filling of a container (4) in a nest (35) with a filling needle (31, 33, 81).
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 15 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Claim 15 depends from claims 9-14, claims 14 and 11 are withdrawn.
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 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.
Claim(s) 1, 2, 4, 9, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 2 868 593 (Deutschle) (Provided by the applicant).
A translation of Deutschle was included with this action. Paragraph numbers below refer to this translation.
In Re claim 1 Deutschle discloses a method for filling a plurality of containers (4) in a nest (40) comprising columns and rows (shown in Figure 7a), wherein a container arranged in a column is filled by way of a filling needle (110, Figure 6i), wherein a sensor device detects when a fill level is reached during the filling operation of the container, wherein detection of the defined fill level being reached triggers a stop signal for the filling operation of the container (filling measurement defined in Paragraph 81).
In Re claim 2 Deutschle discloses a detection of a defined fill level of the container is carried out in a plane perpendicular to a longitudinal axis of the container, wherein for the filling operation of the container, a measurement signal from the sensor device is evaluated, as a function of the position of the column of the container relative to the sensor device (Paragraph 81, Figure 6i).
In Re claim 4 Deutschle discloses an optical sensor device comprising a transmitter (100) arranged adjacent to the container and a receiver (102) arranged adjacent to the container, which would position the transmitter and the receiver adjacent to the nest in the embodiment shown in Figure 7a).
In Re claim 9 Deutschle discloses a device for filling a plurality of containers (4) in a nest (40) comprising columns and rows (shown in Figure 7a), comprising a filling system with a filling needle (110), by way of which a container arranged in a column is fillable, wherein a sensor device (100, 102) is provided, wherein the sensor device is set up to detect when a defined fill level is reached during the filling operation of the container, wherein the sensor device is connected to a control unit of the filling system, and wherein the control unit is set up such that a detection of the defined fill level being reached triggers a stop signal for the filling operation of the container (Paragraph 81).
In Re claim 10 Deutschle discloses a detection of a defined fill level of the container is carried out in a plane perpendicular to a longitudinal axis of the container, wherein for the filling operation of the container, a measurement signal from the sensor device is evaluated, as a function of the position of the column of the container relative to the sensor device (Paragraph 81, Figure 6i).
In Re claim 12 Deutschle discloses an optical sensor device comprising a transmitter (100) arranged adjacent to the container and a receiver (102) arranged adjacent to the container, which would position the transmitter and the receiver adjacent to the nest in the embodiment shown in Figure 7a).
Allowable Subject Matter
Claims 5, 7, and 13 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.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PGPub 2015/0122693 discloses a device for filling containers while in a nest comprising a laser sensor.
US PGPub 2021/0221547 discloses a container filling apparatus for filling containers in a grid format comprising a filling needle.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KAROL NIESZ whose telephone number is (571)270-3920. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON K NIESZ/Primary Examiner, Art Unit 3753
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