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 .
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 8 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.
Regarding claim 8, “the respective three-dimensional models” lacks proper antecedent basis.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-10, 14-16 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Baechle et al. (U.S. PGPUB 2023/0234741).
Regarding claims 1-5, 8-10, 14-16, Baechle et al. disclose (Figs.) an inspection apparatus for the inspection of packages produced in a packaging machine, comprising: a control unit (36a) for controlling operation of the inspection apparatus; a conveying device (14a); and an inspection unit (58a; [0037], scanner, camera, etc.) configured to inspect packages; wherein the conveying device comprises a planar motor (planar drive) having a plurality of carriers (30a) configured to receive packages (32a) at an inlet station (at 34a) and to deliver the packages to an outlet station (at 62a, 64a); wherein the inspection unit is arranged at an inspection station (20a); wherein the control unit is configured ([0040]) to selectively control movement of the carriers so as to selectively direct one or more carriers to the inspection station and afterwards to the outlet station; and wherein the inspection unit is configured to inspect the packages moved, in use, to the inspection station. Baechle et al. also disclose ([0048]) analyzing the images (evalulation, data captured via the camera) and determine the quality and/or defects (deficiencies) as claimed. Baechle et al. further disclose ([0051]) a weight detection sensor (“weighed during the transport, for example by the third packaging station 20a or by a different further packaging station”). Baechle et al. also disclose ([0032]) two carriers jointly receive a package (the parts 32a are in each case laid upon two of the movable platforms 30a); and a package filling apparatus (24a) for filling the package with a pourable product (filling). Baechle et al. also disclose an inlet conveyor (34a) and outlet conveyor comprising a first outfeed track (62a) and a second outfeed track (65a) as claimed.
Claim Rejections - 35 USC § 103
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) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baechle et al. in view of Corradi et al. (U.S. PGPUB 2011/0308204).
Regarding claims 6, 7, Baechle et al. disclose the claimed invention as set forth above. Baechle et al. do not disclose a laser scanning device and generating 3D models as claimed. Corradi et al. teach (Figs.) a similar device having a laser scanning device (6) and generating 3D models ([0050]) as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a scanning system in the apparatus of Baechle et al. in view of Corradi et al. to obtain more accurate detection as taught, known and predictable.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baechle et al. in view of Schriefers (U.S. PGPUB 2024/0094043).
Regarding claim 11, Baechle et al. disclose the claimed invention as set forth above. Baechle et al. do not disclose a strain gauge as claimed. Schriefers teaches ([0023]) a similar device having strain gauge as a weight sensor as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a weight sensor in the apparatus of Baechle et al. in view of Schriefers to obtain conventional and effective weight detection as taught, known and predictable.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baechle et al.
Regarding claim 13, Baechle et al. disclose the claimed invention as set forth above. Baechle et al. do not disclose coils and magnetic elements as claimed. However, planar motor systems are well known in the art to provide coils and magnetic elements as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a system in the apparatus of Baechle et al. to conventionally and effectively implement a planar motor as known and predictable.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baechle et al. in view of Ito (U.S. PGPUB 2009/0058199).
Regarding claim 12, Baechle et al. disclose the claimed invention as set forth above. Baechle et al. do not disclose a planar control module and a sensor as claimed. Ito teaches (Fig. 7a; [0072]) a similar device, wherein a planar control module (2) has a plurality of coils (1) configured to generate local electromagnetic fields for moving a carrier and a support structure (5) carrying the planar control module and each sensor (12) is interposed between the support structure and the planar control module as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such an arrangement in the apparatus of Baechle et al. in view of Ito to provide compact weight detection as taught, known and predictable.
Conclusion
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/THANH LUU/Primary Examiner, Art Unit 2878
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