Notice of Pre-AIA or AIA Status
1. 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 § 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.
2. Claims 16-30 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 16 recites “optionally a gripping device which is configured to grip a document-of-value stack, including a document-of-value stack that has been set down in the delivery region of the document-of-value processing machine…” (emphasis added). This recitation makes claim 16 ambiguous. In particular, it is unclear what elements are required or not required for there to be literal infringement of claim 16.
Claim 16 also recites “wherein the control device or optionally a further control device is designed to control the gripping of the document-of-value stack, including the document-of-value stack that has been set down in the delivery region, and the setting-down of the document-of-value stack in the container by means of the gripping device.” (emphasis added). This recitation also makes claim 16 ambiguous. In particular, it is unclear what elements are required or not required for there to be literal infringement of claim 16. Also, claim 16 initially recites “optionally a gripping device…” Then, claim 16 later appears to require setting down the document of value stack in the container by means of the gripping device. In other words, claim 16 appears to have the gripping device as both optional and required at the same time. Further clarification is needed to understand what elements are required in claim 16. See also claims 18 and 28 for additional recited optional limitations. Claims 17-30 depend from claim 16, and therefore have the same indefiniteness issues as noted above with regard to claim 16.
Regarding claim 30, MPEP 2173.05(p) states that “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph”. Claim 30 depends from claim 16. Claim 16 recites “A filling apparatus for filling containers with document-of-value stacks…” After this, claim 30 recites “A method for filling containers with document-of-value stacks by means of a filling apparatus…” Since claim 30 recites both an apparatus and the method steps of using the apparatus, this claim is indefinite under 35 U.S.C. 112(b), particularly in view of MPEP 2173.05(p). It is unclear whether infringement occurs when the method steps are performed or when an alleged infringing device includes the claimed apparatus features.
Claim 30 recites “optionally to remove said document-of-value stack from the delivery region of a document-of-value processing machine and to set down said document-of-value stack in a receiving section of the container positioned in the filling region of the filling apparatus…” This recitation makes claim 30 ambiguous. In particular, it is unclear what method steps are required or not required for there to be literal infringement of claim 30.
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.
3. Claims 16-30, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Publication No. 3664050 (hereinafter “EP’050”) (cited in the 10/25/2024 IDS).
Regarding claim 16, Figs. 1-9 show a filling apparatus (Fig. 2) for filling containers (25) with document-of-value stacks (banknotes), including document-of-value stacks (banknotes) that have been delivered by a document-of-value processing machine (42) in a delivery region (25b and/or 25c in Fig. 3) of the document-of-value processing machine (42),
wherein the containers (25) each have one or more receiving sections (Fig. 1 and numbered paragraph [0058]) which are each designed to receive one document-of-value stack (banknotes), wherein the filling apparatus (Fig. 2) has:
a feed interface (including 45) by means of which the containers (25) that are to be filled with document-of-value stacks (banknotes) are fed to the filling apparatus (Fig. 2),
a delivery interface (including 46) by means of which the containers (25) that have been filled with document-of-value stacks (banknotes) are delivered out of the filling apparatus (Fig. 2),
a transport path (including 43) along which the containers (25) can be transported from the feed interface (including 45) to the delivery interface (including 46),
a filling region (42b – 42c) in which in each case one container (25) that has been fed to the filling apparatus (Fig. 2) can be positioned in order to be filled with document-of-value stacks (banknotes),
optionally a gripping device (11) which is configured to grip a document-of-value stack (banknotes), including a document-of-value stack (banknotes) that has been set down in the delivery region (25b and/or 25c in Fig. 3) of the document-of-value processing machine (42), and to set down said document-of-value stack (banknotes) in a receiving section of a container (25) positioned in the filling region (42b – 42c) of the filling apparatus (Fig. 2), in order to fill the container (25) with the document-of-value stack (banknotes) and optionally further document-of-value stacks (banknotes),
at least one transport device (including 52 and 52) which is designed to transport a container (52) that is fed to the filling apparatus (Fig. 2) for filling purposes from the feed interface (including 45) along the transport path (including 43) to the filling region (42b -42c), and which is designed to transport the filled container (25), after the filling operation, further along the transport path (including 43) from the filling region (42b – 42c) to the delivery interface (including 46) of the filling apparatus (Fig. 2),
a control device (Fig. 4) which is designed to control the transport of each container (25) along the transport path (including 43) by means of the transport device (including 52 and 52),
wherein the control device (Fig. 4) or optionally a further control device is designed to control the gripping of the document-of-value stack (banknotes), including the document-of-value stack (banknotes) that has been set down in the delivery region (25b and/or 25c), and the setting-down of the document-of-value stack (banknotes) in the container (25) by means of the gripping device (11).
Regarding claim 17, Figs. 1-9 show that the control device (Fig. 4) is designed to control the transport device (including 52 and 52) such that a container (25) that is to be filled remains temporarily in the filling region (42b – 42c) until the gripping device (11) has set down multiple document-of-value stacks (banknotes) into multiple receiving sections of the container (25). See, e.g., numbered paragraph [0058] and Fig. 1.
Regarding claim 18, Figs. 1-9 show that the container (25) has at least two receiving sections (Fig. 1 and numbered paragraph [0058]), and the control device (Fig. 4) and optionally the further control device is/are designed to control the gripping device (11) and optionally the transport device (including 52 and 52) such that multiple document-of-value stacks (banknotes) that have been delivered by the document- of-value processing machine (42) are set down in succession into different receiving sections (Fig. 1 and numbered paragraph [0058]) of the same container (25) positioned in the filling region (42b – 42c).
Regarding claim 19, Figs. 1-9 show that the control device (Fig. 4) is designed to control the transport device (including 52) such that in each case one receiving section (Fig. 1 and numbered paragraph [0058]) of a container (25) positioned in the filling region (42b – 42c) is arranged in a predetermined filling position in the filling region (42b – 42c), and to control the transport device (including 52 and 52) such that each container (25) positioned in the filling region (42b – 42c) is transported incrementally along a transport direction by means of the transport device (including 52 and 52) such that different receiving sections (Fig. 1 and numbered paragraph [0058]) of the same container (25) are arranged in succession at the predetermined filling position and remain there temporarily until the gripping device (11) has set down in each case one document-of-value stack (banknotes) in the relevant receiving section (Fig. 1 and numbered paragraph [0058]) of the container (25).
Regarding claim 20, Figs. 1-9 show that the transport device (including 52 and 52) has at least one first and at least one second transport device (52 and 52), wherein the at least one first transport device (including 52 and 52) is designed to transport a container (25) that is fed to the filling apparatus (Fig. 2) for filling purposes from the feed interface (including 45) along the transport path (including 43) to the filling region (42b – 42c), and the at least one second transport device (including 52 and 52) is designed to transport the filled container (25), after the filling operation, further along the transport path (including 43) from the filling region (42b – 42c) to the delivery interface (including 46) of the filling apparatus (Fig. 2).
Regarding claim 21, Figs. 1-9 show that the at least one first transport device (52), is configured to transport each container (25) along a feed transport direction from the feed interface (including 45) toward the document-of-value processing machine (42), and the transport device (including 52 and 52), the at least one second transport device (52), is configured to transport each container (25) along a delivery transport direction away from the document-of-value processing machine (42) toward the delivery interface (including 46).
Regarding claim 22, Figs. 1-9 show that the transport path (including 43) of the containers (25) in the filling apparatus (Fig. 2) has a feed section, which extends from the feed interface (including 45) to the filling region (42b – 42c), and a delivery section, which extends from the filling region (42b – 42c) to the delivery interface (including 46), wherein the feed section and the delivery section are arranged in the filling apparatus (Fig. 2) so as to be mutually separate.
Regarding claim 23, Figs. 1-9 show that the feed section or at least a subsection of the feed section, the first subsection that begins at the feed interface (including 45), is arranged so as to be vertically and/or horizontally offset, and directly adjacent, with respect to the filling region (42b – 42c) and/or with respect to the delivery section or at least a subsection of the delivery section, with respect to that subsection of the delivery section which ends at the delivery interface (including 46).
Regarding claim 24, Figs. 1-9 show that the transport path (including 43) of the containers (25) in the filling apparatus (Fig. 2) has a connecting section in which the transport direction of the container (25) runs transversely or perpendicularly with respect to the feed transport direction and/or with respect to the delivery transport direction of the container (25), wherein the connecting section runs along the front side of the document-of-value processing machine (42).
Regarding claim 25, Figs. 1-9 show that the transport directions of the container (25) in the feed section and in the delivery section run at least in part oppositely and parallel to one another, wherein the transport path (including 43) of the containers (25) in the filling apparatus (Fig. 2) is designed such that the containers (25) are diverted twice, on their transport path from the feed interface (including 45) to the delivery interface (including 46).
Regarding claim 26, Figs. 1-9 show that the transport path (including 43) of the containers (25) from the feed interface (including 45) to the delivery interface (including 46) runs continuously substantially horizontally, and/or wherein the feed section and the delivery section are at least in part situated horizontally adjacent to one another and run at least in part parallel to one another.
Regarding claim 27, Figs. 1-9 show that the feed section and the delivery section are at least in part situated vertically one above the other and run at least in part parallel to one another.
Regarding claim 28, Figs. 1-9 show that the filling apparatus (Fig. 2), the control device (Fig. 4) or the further control device, is designed to ascertain receiving section information (numbered paragraphs [0034] and [0058]) relating to the receiving sections (Fig. 1A and numbered paragraph [0058]) of the container (25) that is to be filled in each case, said information (numbered paragraphs [0034] and [0058]) concerning the position and/or the length of the receiving sections (Fig. 1A and numbered paragraph [0058]) along the container (25), and optionally to transmit said information (numbered paragraphs [0034] - [0036] and [0058]) to the document-of-value processing machine (42), wherein the control device (Fig. 4) or the further control device is designed to control an opening width of gripping elements of the gripping device (11) in accordance with the receiving section information item during the gripping of the document-of-value stack (banknotes). See, e.g., gripper width and banknotes in Fig. 1A.
Regarding claim 29, Figs. 1-9 show a document-of-value processing apparatus (Fig. 2) for processing documents of value (banknotes), having a document-of-value processing machine (42) for processing, documents of value (banknotes), said document-of-value processing machine (42) being configured to deliver document-of-value stacks (banknotes) of processed documents of value in a delivery region (25b and/or 25c) of the document-of-value processing machine (42), and a filling apparatus according to claim 16 which is configured for filling containers (25) with the document-of-value stacks (banknotes) that have been delivered out of the document-of-value processing machine (42).
Regarding claim 30, Figs.1-9 disclose a method for filling containers (25) with document-of-value stacks (banknotes) by means of a filling apparatus (Fig. 2), by the filling apparatus (Fig. 2) according to claim 16,
wherein the filling apparatus (Fig. 2) has a feed interface (including 45) by means of which the containers (25) that are to be filled with document-of- value stacks (banknotes) can be fed to the filling apparatus (Fig. 2),
a delivery interface (including 46) by means of which the containers (25) that have been filled with document-of-value stacks (banknotes) are delivered out of the filling apparatus (Fig. 2),
a transport path (including 43) along which the containers (25) can be transported from the feed interface (including 45) to the delivery interface (including 46),
a filling region (42b – 42c) which is arranged between the feed interface (including 45) and the output interface (including 46) in relation to the transport path (including 43) of the containers (25),
at least one transport device (including 52 and 52) which is designed to transport a container (25) that is fed to the filling apparatus (Fig. 2) for filling purposes from the feed interface (including 45) along the transport path (including 43) to the filling region (42b – 42c), and which is designed to transport the filled container (25), after the filling operation, further along the transport path (including 43) from the filling region (42b – 42c) to the delivery interface (including 46) of the filling apparatus (Fig. 2),
wherein, in the method, the following steps are carried out:
feeding a container (25) to the feed interface (including 45) of the filling apparatus (Fig. 2),
transporting the fed container (25) by means of the transport device (including 52 and 52) of the filling apparatus (Fig. 2) from the feed interface (including 45) along the transport path (including 43) to the filling region (42b – 42c) of the filling apparatus (Fig. 2),
filling the container (25) positioned in the filling region (42b – 42c) with at least one document-of-value stack (banknotes) by means of a gripping device (11) which is configured to grip a document-of-value stack (banknotes) and optionally to remove said document-of-value stack (banknotes) from the delivery region (including 46) of a document-of-value processing machine (42) and to set down said document-of-value stack (banknotes) in a receiving section (Fig. 1 and numbered paragraph [0058]) of the container (25) positioned in the filling region (42b – 42c) of the filling apparatus (Fig. 2), in order to fill the container (25) with the document-of-value stack (banknotes) and optionally further document-of-value stacks (banknotes),
transporting the container (25) filled with at least one document-of-value stack (banknotes) from the filling region (42b – 42c) to a delivery interface (including 46) of the filling apparatus (Fig. 2) by means of the transport device (including 52 and 52) of the filling apparatus (Fig. 2) in order to deliver the containers (25) filled with document-of-value stacks (banknotes) out of the filling apparatus (Fig. 2) through the delivery interface (including 46).
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A MORRISON whose telephone number is (571)272-7221. The examiner can normally be reached M-F 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653
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