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.
Claims 12 and 18-27 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.
The claims appear to be a literal translation from a foreign document and does not conform to normal U.S. practice. Claim 12 is narrative and does not affirmatively claim certain elements. In particular claim 12 narratively recites ‘gripping units of the gripping module, in particular the gripping units of different types’ however the claims do not affirmatively recite “the gripping module” comprises gripping units of different types, independently movable of one another. Appropriate correction is required.
Claim 18 is written as an independent claim but refers back to claim 11 as a dependent claim does. If applicant intends to incorporate the transfer device of claim 10, the proper way to do so is to include the limitations in claim 10 without reference to claim 10. Appropriate correction is required.
Claim 19 appears to claim to different statutory classes, that of a method and apparatus. Claim 19 also is written as an independent claim but refers to another claim as if it is a dependent claim. If applicant intends to incorporate the transfer device of claim 1, the proper way to do so is to include the limitations in claim 1 without reference to claim 1. As a result claims 19-27 have not been treated on the merits with regard to the prior art. Appropriate correction is required.
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) 8 and 28-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0055671 to Toebes et al.(hereinafter “Toebes”).
Toebes discloses a transfer device 10 and a method for handling packing units 40 including a gripping head 302, 370, 371 that has a base frame 10F, a gripping module 370, 371 for lifting a packing unit 40, and a loading tongue module 401 for supporting the packing unit 40, wherein the base frame 10F defines a front plane and a rear plane and forms two side walls which extend between the front plane and the rear plane, the gripping module 302, 370, 371 is mounted movably on the base frame 10F in a lifting direction Y relative to the loading tongue 401 and relative to the base frame 10F, and the loading tongue 401 is mounted movably on the base frame 10F in an extending direction (X) between a retracted initial position and an extended receiving position relative to the base frame 10F and relative to the gripping module 302 (para [0030]), characterized in that the gripping head 302 has a clamping unit 301 for fixing the packing unit 40 which comprises two interacting clamping means located on the inside of gripping modules 370, 371 which are mounted movably relative to one another on the base frame 10F in order to generate a clamping force (para [0027]), wherein the at least one clamping means is movable between a stowed position and an operating position, wherein the front plane and the outer surfaces of the side walls facing away from one another delimit an interior space and the at least one clamping means is arranged completely in the interior space in the stowed position and at least partially outside the interior in the operating position (see annotated figure 3 and para [0027]).
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Allowable Subject Matter
Claims 10, 11 and 13-17 are allowed.
Claim 9 is 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 12 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.
The following is an examiner’s statement of reasons for allowance: Neither of ‘a gripping module having a plurality of gripping units of differing types and a control system acquiring grippability and selecting a gripping unit based on the grippability acquired’; nor ‘A loading tongue module including two loading tongues arranged next to one another having lateral connecting contour with alternating protrusions and recesses’; in combination with the rest of the claim language is not taught or fairly suggested by the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GENE O CRAWFORD whose telephone number is (571)272-6911. The examiner can normally be reached M-Thurs 6a-5p; Fri 6a-2p.
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, Joseph Thomas can be reached at (571) 272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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