DETAILED ACTION
Drawings
Replacement Sheets (5 sheets) representing Figs. 1-5 and a New Sheet representing new Fig. 6 were received on April 1, 2026. These drawings are acceptable. The Drawing Objection is withdrawn.
Specification
The Amendment to the Specification is acceptable and will be entered.
Response to Arguments
Applicant’s arguments, see page 10, filed April 2, 2026, with respect to the 35 USC 112(b) rejection of Claims 1-12 have been fully considered, but they are only partially persuasive:
Applicant asserts that independent Claims 1 and 7 have been am ended to remove the indefinite terms “in particular”, “such as”, and “or the like”, when in fact all of these indefinite terms remain in Claims 1 and 7. As such, the 35 USC 112(b) rejection of Claims 1 and 7 is maintained. and are persuasive.
Applicant has amended Claim 1 to remove the second “comprising” transitional phrase, and amended Claim 7 to reformat into a clear method claim. As such, the 35 USC 112(b) rejection as applied to these indefiniteness concerns has been withdrawn.
Applicant’s arguments, see page 12, filed April 2, 2026, with respect to the 35 USC 112(a) rejection of Claims 1-12 have been fully considered and are persuasive. The 35 USC 112(a) rejection of Claims 1-12 is withdrawn.
Applicant’s arguments, see pages 12-13, filed April 2, 2026, with respect to the 35 USC 102(a)(1) rejection of Claims 1-4, 6-10, and 12 have been fully considered and are persuasive. The 35 USC 102(a)(1) rejection of Claims 1-4, 6-10, and 12 is withdrawn.
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.
Claims 1-12 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 1 recites, “A device is provided for forming groups of individual products, in particular for forming groups of hygiene products such as diapers, panty liners, sanitary pads, incontinence products, wet wipes, toilet paper, paper towel rolls or the like, …” The use of the phrases, “in particular, “such as”, and “or the like” render the claim indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 7 recites, “A method for forming groups of individual products, in particular for forming groups of hygiene products such as diapers, panty liners, sanitary pads, incontinence products, wet wipes, toilet paper, paper towel rolls or the like, wherein the method comprising:
receiving individual hygiene products conveyed one behind the other in a product flow such that the individual hygiene products next to one another in compartments of a cassette,
moving while and/or after receiving the individual hygiene products, the cassette by a first transport element movable relative to a transport surface contactless or floating with three degrees of freedom for changing a position and an orientation in at least one plane parallel to the transport surface, and
wherein the first transport element and the transport surface are parts of a transport system comprising the transport surface and transport elements movable relative to the transport surface independently of one another and simultaneously in a speed and/or position controlled manner.”
Claim 7 is indefinite for the following reasons:
The use of the phrases, “in particular, “such as”, and “or the like” render the claim indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
In the “receiving step”, a verb appears to be missing in the underlined “such that” phrase.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO 2022/200094 (and US 2024/0174459, which is a national stage application of this PCT application and provides an English version of the PCT disclosure) discloses a transport system having a transport surface, transport elements, and a control unit that moves the transport elements in a contactless and floating manner with three degrees of freedom.
US 2025/0289604 is a related application having the same inventor, a common assignee, and the same foreign priority effective filing date. Both applications are directed to processing hygiene products, with US 2025/0289604 being directed to systems and methods for packaging products, while the present application is directed to devices and methods for forming groups of individual products. Nonetheless, both applications recite the use of a transport system with a transport surface, transport elements, and a control unit.
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 LYNN E SCHWENNING whose telephone number is (313)446-4861. The examiner can normally be reached Monday - Friday, 8:30 am - 5 pm EST.
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/LYNN E SCHWENNING/Primary Examiner, Art Unit 3652
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