Prosecution Insights
Last updated: April 19, 2026
Application No. 18/847,767

SORTING MACHINE FOR SLABS

Non-Final OA §103
Filed
Sep 17, 2024
Examiner
ADAMS, GREGORY W
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
System Ceramics S.p.A.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
1033 granted / 1380 resolved
+22.9% vs TC avg
Strong +24% interview lift
Without
With
+24.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
1404
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1380 resolved cases

Office Action

§103
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 . 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. Claim(s) 1, 3, 4, 5, 6, 7, 8, 9 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hakkinen (US 4,735,539) in view of Dario (WO 2013186713) and Barlow (US 2020/0018059). Interpretative note 1. Applicant is respectfully reminded that the material or article worked upon by the apparatus does not limit apparatus claims. See MPEP 2115. In other words, cited prior art can work with Applicant's claimed article if the art disclosed the apparatus as claimed. Hakkinen discloses a sorting machine for slabs of glass, comprising: a machine plane; a manipulator device, arranged to grasp and release a slab, and to move a slab between a conveying plane and one or more sorting stations; wherein a manipulator device comprises: a carriage 2 that is movable along a substantially horizontal sliding direction A (FIG. 1); an elevator 5, associated with a carriage 2 and movable along a substantially vertical direction; a gripping device 8, associated with an elevator, which is provided with a gripping means (C4/L10-14) for gripping a slab; a gripping device rotates around a substantially horizontal rotation axis (indicated generally as D in FIG. 1) and is movable along a transverse direction (indicated generally as B via carriage 3) that is substantially horizontal and perpendicular to a sliding direction; wherein a gripping device comprises a cross member (see annotated FIG. 1 reproduced below) that is substantially concentric to a rotation axis, ends of cross members being rotatably connected to an elevator. [AltContent: textbox (Cross member)] PNG media_image1.png 230 580 media_image1.png Greyscale Hakkinen discloses a manipulator device which places sheets, e.g. slabs, between machines and multiple storage locations 7, 7, 7. Hakkinen does not explicitly disclose a conveying plane arranged to move slabs along a conveying direction, and a manipulator device, arranged (A) to grasp and release a slab and (B) to move a slab between a conveying plane and one or more sorting stations. Hakkinen also does not disclose a cross member that is substantially concentric to a rotation axis or that a cross member that comprises arms transversally mounted thereon cross member. Dario discloses a sorting machine for slabs of glass, comprising: a conveying plane 25, 27, 29 (see conveyance direction in FIG. 4b), arranged to move slabs along a conveying direction; a manipulator device 14, arranged to grasp and release a slab, and to move a slab between a conveying plane and one or more sorting stations (indicated generally as 23; page 5, lines 21-26); and, wherein a manipulator device which comprises a carriage 30, 32 is movable along a substantially horizontal sliding direction (generically indicated as parallel with the rails 84, 85 in FIGS. 3,4b). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Hakkinen to include a conveying plane, arranged to move slabs along a conveying direction, and a manipulator device, arranged to grasp and release a slab, and to move a slab between a conveying plane and one or more sorting stations and including a carriage that moves along a horizontal sliding direction parallel with a conveying direction, as taught by Dario, such that packs of certain numbers of slabs with the same or similar characteristics or packs of different characteristics are formed while eliminating the need for shelves which otherwise limit the number of slabs in a pack. And, Barlow discloses a cross member 106 which "rotates along its longitudinal axis" (paras. 45 & 46; see also para. 59 discussing rotation of cross member 106 rotates arms 110). Arms 110 are "coupled to the shaft arm axle 106", e.g. cross member.(See annotated FIG. 1 reproduced below.) [AltContent: arrow][AltContent: textbox (Arms)] PNG media_image2.png 294 596 media_image2.png Greyscale In other words, the cross member 106 has a longitudinal axis about which it rotates making the two axes concentric. Barlow teaches this type of cross member and arm arrangement allows the gripping device to be size-adjusted "so as to accommodate moving larger sections of panels". It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Hakkinen to include a cross member that is substantially concentric to a rotation axis, and a cross member that comprises arms transversally mounted thereon cross member, as taught by Barlow, such that a gripping device can be size-adjusted "so as to accommodate moving larger sections of panels". Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toncelli (US 9,950,876) in view of Hakkinen and Franz (US 8,788,086). Interpretative note 1. Applicant is respectfully reminded that the material or article worked upon by the apparatus does not limit apparatus claims. See MPEP 2115. In other words, cited prior art can work with Applicant's claimed article if the art disclosed the apparatus as claimed. Toncelli discloses a sorting machine for slabs, comprising: a conveying plane (indicated by the surface of rollerway 29 "along which the slabs slide), arranged to move slabs along a conveying direction (see arrows in FIG. 4b); a manipulator device, arranged to grasp and release a slab, and to move a slab between a conveying plane and multiple sorting stations 23; wherein a manipulator device comprises: a carriage 32 that is movable along a substantially horizontal sliding direction (indicated generally as movement of carriage bogies 82, 83 along rails 84, 85) which is parallel to a conveying direction (see arrows in FIG. 4b); an elevator 14 (see "raising carriage" discussion at C6/L8-12), associated with a carriage 14, 32 and movable along a substantially vertical direction; a gripping device 16, associated with an elevator, which is provided with a vacuum ("for example suction or sucker-carrying surface", C6/L34-35), e.g. gripping means, for gripping at least one slab; a gripping device that is movable along a transverse direction (see movement of carriage 14 along rails 46, 48) that is substantially horizontal and perpendicular to a sliding direction; wherein carriage 32 is arranged above a conveying plane (see (indicated generally as movement of carriage bogies 82, 83 along rails 84, 85) and a gripping device 16 is movable along a transverse direction over a conveying plane( see movement of carriage 14 along rails 46, 48). Toncelli discloses that carriage 14 is a "raising carriage" which imparts motion to gripping device 16 along a vertical axis. Toncelli does not explicitly disclose an elevator, and does not disclose a gripping device that rotates around a substantially horizontal rotation axis that is substantially parallel to a sliding direction and also is movable along a transverse direction that is substantially horizontal and perpendicular to a sliding direction. Hakkinen discloses a manipulator device that comprises: a carriage 2 that is movable along a substantially horizontal sliding direction; an elevator 5, associated with a carriage 2 and movable along a substantially vertical direction; and, a gripping device 8, associated with an elevator, which is provided with a gripping means (C4/L10-14) for gripping a slab. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Toncelli to include an elevator associated with a carriage, as taught by Hakkinen, thereby allowing an overhead-mounted bridge structure to pick up one sheet at a time is to be picked up and placed. And, France discloses a conveying plane (indicated generally as 17 in FIG. 2), carriage 28, elevator 4 and a gripping device having suction gripping means 12 in combination with a gripping device 12 that rotates around a substantially horizontal rotation axis (indicated generally as "a rotating and pivoting device 21 at the lower end of" elevator 4") that is substantially parallel to a sliding direction and is movable along a transverse direction that is substantially horizontal and perpendicular to a sliding direction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Toncelli to include a gripping device that rotates around a substantially horizontal rotation axis that is substantially parallel to a sliding direction and is movable along a transverse direction that is substantially horizontal and perpendicular to a sliding direction, as taught by Franz, which allows transfer of large sheet-like articles "of such a size from one location to another without breaking" and to be moved to a second location "while taking into consideration the actual position and/or alignment of the same, the holding mechanism being aligned if required about one or more axes by utilizing a capability it has to rotate and/or pivot freely." Allowable Subject Matter Claim 15 is allowed. Claims 12-14 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. Response to Arguments Applicant’s arguments with respect to claim(s) 1 & 3-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. New claims 12-15 have been addressed above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY W ADAMS whose telephone number is (571)272-8101. The examiner can normally be reached Mon - Fri, 8am-5pm. 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. /GREGORY W ADAMS/ Primary Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Sep 17, 2024
Application Filed
Jul 14, 2025
Non-Final Rejection — §103
Oct 01, 2025
Response Filed
Oct 14, 2025
Final Rejection — §103
Jan 08, 2026
Request for Continued Examination
Feb 12, 2026
Response after Non-Final Action
Feb 23, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595156
VACUUM LIFTER FOR LIFTING OBJECTS LOCATED IN CONFINED SPACES BELOW GRADE
2y 5m to grant Granted Apr 07, 2026
Patent 12583692
DEVICE FOR PICKING UP PRODUCTS STACKED ON PALLETS AND METHOD FOR PICKING UP PRODUCTS STACKED ON PALLETS
2y 5m to grant Granted Mar 24, 2026
Patent 12576555
APPARATUS AND METHOD FOR MOVING PAIRS OF WORKPIECES HAVING A ROUGH FACE AND AN OPPOSITE FINISHED FACE
2y 5m to grant Granted Mar 17, 2026
Patent 12559206
STORAGE AND DISTRIBUTION SYSTEM FOR CONTAINERS
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Patent 12553299
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2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+24.2%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 1380 resolved cases by this examiner. Grant probability derived from career allow rate.

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