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 Objections
Claim 1 is objected to because of the following informalities: on line 1 “(4a, 4b, 4c, 4d)” but was deleted throughout the other claims. Appropriate correction is required.
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 1-14 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.
Regarding claim 1, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim 1 Applicant discloses: “a plurality of receiving seats” on line 6 and “a plurality of receiving seats” on line 12. If these are different components then Applicant should provide distinguishing claim language. If not, then Applicant is merely duplicating components in a manner which creates ambiguity.
Claims 2-14 depend from claim 1.
Claim 8 recites the limitation "the motor" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 depends from claim 1, however, it reclaims: “at least one feed station”; “at least one pickup station”; “a movable support”; “a plurality of sectors” etc. If these are different components then Applicant should provide distinguishing claim language. If not, then Applicant is merely duplicating components in a manner which creates ambiguity.
Regarding claim 9, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim 9 Applicant discloses: “a plurality of receiving seats” on line 6 of claim 1, which claim 9 depends from, and “a plurality of receiving seats” on line 7 and on line 18. If these are different components then Applicant should provide distinguishing claim language. If not, then Applicant is merely duplicating components in a manner which creates ambiguity.
Claims 10-14 depend from claim 9.
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, 4-10, and 12-14 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GUSMINI (WO 2021/260476).
Regarding claim 1 (AS BEST UNDERSTOOD), GUSMINI discloses a reservoir, comprising:
- at least one feed station (see Figure 1) equipped with a feed transfer device (11) and associated or associable with at least one respective feed line (14) for feeding articles;
- at least one pickup station (25) equipped with a pickup transfer device (25) and associated or associable with at least one respective removal line (27) for removing articles;
- a movable support (16-18) provided with a plurality of receiving seats (23) for receiving articles, preferably single articles, and configured to move the receiving seats (23) along a closed path passing through the feed station (see Figure 1) and the pickup station (25) so that the articles are fed to the movable support (16-18) by the feed transfer device (11) and the articles are removed from the movable support (16-18) by the pickup transfer device (25);
wherein the movable support (16-18) comprises a plurality of sectors (4a, 4b, 4c, 4d) (see Figure 1), each defining a plurality of receiving seats (23) and movable independently of each other (see page 12, line 19, to page 13, line 5) along the closed path.
Regarding claim 4 (AS BEST UNDERSTOOD), GUSMINI discloses the reservoir according to claim 1, wherein the movable support has a circular shape and wherein the sectors (16-18) have an angular shape and are distributed in succession along a circular path (see Figure 1).
Regarding claim 5 (AS BEST UNDERSTOOD), GUSMINI discloses the reservoir according to claim 1, wherein the sectors (16-18) define respective supporting surfaces, provided with the receiving seats, and are coplanar with each other (see Figure 1).
Regarding claim 6 (AS BEST UNDERSTOOD), GUSMINI discloses the reservoir according to claim 1, wherein the sectors (16-18) are each provided with a two-dimensional distribution of receiving seats (see Figures 1-2, 5-6, and 8).
Regarding claim 7 (AS BEST UNDERSTOOD), GUSMINI discloses the reservoir according to claim 1, comprising a plurality of independent motors (19-21), each associated with a respective sector of the movable support (see page 12, line 19, to page 13, line 5).
Regarding claim 8 (AS BEST UNDERSTOOD), GUSMINI discloses the reservoir according to claim 1, further comprising a control unit connected to the motors and to the feed transfer device and pickup transfer device to set one or more predetermined logics of driving the motors and the transfer devices (see page 20, line 24, to page 21, line 3).
Regarding claim 9 (AS BEST UNDERSTOOD), GUSMINI discloses a method for operating a reservoir, in particular a reservoir according to claim 1, wherein the reservoir comprises:
at least one feed station (see Figure 1) equipped with a feed transfer device (11) and associated with at least one respective feed line (14) for feeding articles; at least one pickup station (25) equipped with a pickup transfer device (25) and associated with at least one respective removal line (27) for removing articles; and a movable support (16-18) provided with a plurality of receiving seats (23) for receiving articles, preferably single articles, and configured to move the receiving seats (23) along a closed path passing through the feed station (see Figure 1) and the pickup station (25) so that the articles are fed to the movable support by the feed transfer device (11) and the articles are removed from the movable support (16-18) by the pickup transfer device (25);
the method comprising the steps of transferring (see Figures 18-19) a plurality of articles from the feed line (14) to the receiving seats (23) of the movable support (16-18), moving the articles by means of the receiving seats of the movable support from the feed station to the pickup station (see Figure 1), and transferring a plurality of articles from the receiving seats of the movable support (see Figures 1-2 and 21-22) to the removal line (27);
wherein the movable support (16-18) comprises a plurality of sectors (16-18), each defining a plurality of receiving seats (23) and movable independently of each other along the closed path and wherein the step of moving the articles by means of the movable support (16-18) is carried out by moving one or more sectors (16-18) of the movable support independently of each other and/or relative to the other sectors (see page 12, line 19, to page 13, line 5).
Regarding claim 10 (AS BEST UNDERSTOOD), GUSMINI discloses the method according to claim 9, wherein the step of transferring the plurality of articles from the feed station to the receiving seats is carried out by transferring the articles to the receiving seats of the same sector until reaching a predetermined filling level of the sector and, only after reaching the predetermined filling level of that sector, transferring further articles to a different sector, in particular, an adjacent sector (see page 19, line 25 to page 20, line 6).
Regarding claim 12 (AS BEST UNDERSTOOD), GUSMINI discloses the method according to claim 10, wherein the movable support is circular in shape, the sectors are angular in shape and distributed in succession along a circular path (see page 21 lines 4-5), and wherein the predetermined filling level corresponds to completely filling the sector (see page 19, line 25 to page 20, line 6).
Regarding claim 13 (AS BEST UNDERSTOOD), GUSMINI discloses the method according to claim 10, wherein the step of transferring the plurality of articles from the receiving seats of the movable support to the removal line is carried out by starting to pick up the articles from a sector only after reaching the predetermined filling level of that sector (see page 20 lines 12-16).
Regarding claim 14 (AS BEST UNDERSTOOD), GUSMINI discloses the method according to claim 9, wherein the step of transferring the plurality of articles from the receiving seats of the movable support to the removal line is carried out by picking up the articles from the receiving seats of the same sector until reaching a predetermined emptying level of the sector and, only after reaching that predetermined emptying level, picking up further articles from a different sector, in particular, an adjacent sector (see page 20 lines 12-16).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-3 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 103 as being unpatentable over GUSMINI (WO 2021/260476) as applied to claims 1, 4-10, and 12-14 above, and further in view of Salloum (USP 4,023,687).
Regarding claim 2 (AS BEST UNDERSTOOD), GUSMINI discloses the reservoir according to claim 1. However, GUSMINI does not disclose a reservoir wherein the movable support is circular in shape and wherein the sectors are disposed in succession along a radial direction. Salloum discloses a reservoir wherein the movable support is circular in shape and wherein the sectors are disposed in succession along a radial direction (see Figures 8-10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the reservoir disclosed by GUSMINI by including a reservoir wherein the movable support is circular in shape and wherein the sectors are disposed in succession along a radial direction, as disclosed by Salloum, with a reasonable expectation of success for the purpose of providing a radial storage platform (see column 9 lines 1-3).
Regarding claim 3 (AS BEST UNDERSTOOD), GUSMINI in view of Salloum disclose the reservoir according to claim 2. Furthermore, Salloum discloses a reservoir wherein the sectors are annular in shape and concentric (see Figures 8-10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the reservoir disclosed by GUSMINI by including a reservoir wherein the sectors are annular in shape and concentric, as disclosed by Salloum, with a reasonable expectation of success for the purpose of providing a radial storage platform having inner and outer platforms (see column 9 lines 1-22).
Allowable Subject Matter
Claim 11 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 a statement of reasons for the indication of allowable subject matter: dependent 11 discloses, “wherein the movable support is circular in shape and wherein the sectors are disposed in succession along a radial direction, and wherein the predetermined filling level corresponds to completely filling a predetermined angular stretch of the sector included between the feed station and the pickup station” which, in combination with the rest of the claim language of claims 1, 9, and 10, teaches a method that is novel over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
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, Jacob Scott can be reached at (571) 270-3415. 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.
M.K.C.
8/25/2026
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655