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 .
Election/Restrictions
Applicant's election with traverse of Invention I in the reply filed on 21 July 2026 is acknowledged. The traversal is on the ground(s) that there is not distinctness between the claimed combination and subcombination, and there is no serious search and/or examination burden. This is not found persuasive because Invention I encompasses all of claims 1-13. Invention II only includes the delivery and storage device of claim 1, and not the particulars of claims 2-13, which require a separate search (e.g.; using different search queries and search strategies of separate classification subgroups). Applicant’s argument that claim 14 includes claim 1 is moot because Invention II includes claim 1. There is a serious search and examination burden because the combination in Invention II does not include the subject matter of claims 2-13 of the subcombination of Invention I.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 21 July 2026.
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 4-10 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.
In regards to claim 4, it is unclear what is considered the “circumferential direction”. The drawings appears to show the limiting elements (150) as being distributed parallel to one another along the X-direction. Appropriate explanation or correction is required.
Claims 5-10 are rejected based on their respective dependencies.
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.
Claims 1-5 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eaglin et al. (US Pat. No. 4,899,968).
In regards to claim 1, Eaglin teaches a delivery and storage device capable of being used to load a filament reel (e.g.; the apparatus supports elongated cylindrical objects; see Abstract), comprising: a device body including a chassis (14); a plurality of storage bins (52) disposed on the chassis and arranged in a direction parallel to the chassis (e.g.; two bins are back-to-back along the top surface of 18 in the direction of the dotted line shown below), wherein each of the storage bins includes a stacking cavity (along the axis of 44) and a pick-and-place opening (78, Fig. 2) formed in a top of the stacking cavity; and the stacking cavity is capable of accommodating filament reels stacked in a direction perpendicular to the chassis and restrict the filament reels from moving in the direction parallel to the chassis (i.e.; as similarly illustrated by cylinder 13); a traveling assembly (i.e.; a rolling dolly; Col 5, Lines 33-37) disposed on the chassis (via 19) to enable the device body to roll or slide.
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In regards to claim 2, Eaglin teaches a heat exchange opening (e.g.; the opening defined by H illustrated above) is formed in a sidewall of the stacking cavity and configured to enable the filament reels in the stacking cavity to exchange heat with the outside. Note this interpretation is consistent with the opening 140 depicted in Fig. 1 of Applicant’s disclosure.
In regards to claim 3, Eaglin teaches the heat exchange opening extends from the top of the stacking cavity to a bottom of the stacking cavity (see H in annotated figure above).
In regards to claim 4, as best understood with respect to the 112b rejection above, Eaglin teaches the stacking cavity is defined by a plurality of limiting elements (vertical panels 60, Fig. 3) in a circumferential direction; the plurality of limiting elements extend in the direction perpendicular to the chassis (i.e.; normal to the top of 18); and the heat exchange opening is formed between two adjacent ones of the plurality of limiting elements.
In regards to claim 5, as best understood with respect to the 112b rejection above, Eaglin teaches the plurality of limiting elements are evenly distributed in the circumferential direction (e.g.; the walls 60 are spaced evenly in Fig. 3).
In regards to claim 12, Eaglin teaches at least one lightening hole (19) is formed in the chassis.
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.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Eaglin et al. (US Pat. No. 4,899,968) in view of Michelbach (US Pat. No. 1,586,826).
In regards to claim 6, Eaglin teaches the device body further includes: a top plate (plate 80) located above the chassis, wherein the pick-and-place opening (78) is formed in the top plate; and a side support (44) located between the chassis and the top plate to connect the chassis and the top plate, wherein the plurality of limiting elements (60) are located between the top plate and the chassis; lower ends of the plurality of limiting elements are connected to the chassis.
Eaglin does not teach limiting elements having upper ends connected to the top plate and lower ends connected to the chassis. Michelbach teaches device for supporting elongated cylindrical items, the device including limiting elements (27) having upper ends connected to a top plate (18) and lower ends connected to a chassis (12).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Eaglin’s device to include limiting elements having upper ends connected to the top plate and lower ends connected to the chassis. The motivation would be for the purpose of bracing the device as taught by Michelbach (Page 1, Lines 111-112 to Page 2, Lines 1-4).
In regards to claim 9, modified Eaglin teaches a communication opening (i.e.; the front opening to niche 78, Fig. 2 of Eaglin) is disposed on a side of the pick-and-place opening that corresponds to the heat exchange opening (Eaglin: H) and penetrates through an edge of the top plate (Eaglin: 80) in a radial direction of the pick-and-place opening.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Eaglin et al. (US Pat. No. 4,899,968) in view of Michelbach (US Pat. No. 1,586,826) and Payne et al. (US Pat. No. D338,092).
In regards to claim 11, Eaglin does not teach an inner diameter of the stacking cavity matches an outer diameter of the filament reel; and the plurality of storage bins are arranged in a two-dimensional array in a length direction and a width direction of the delivery and storage device.
Michelbach teaches stacking cavities (23) having an inner diameter matching an outer diameter of cylindrical objects.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Eaglin’s device such that an inner diameter of the stacking cavity matches an outer diameter of the filament reel. The motivation would be for the purpose of supporting the periphery of the object as taught by Michelbach (Page 1, Lines 90-97).
In addition, Payne teaches a device for cylindrical objects having a plurality of storage bins arranged in a two-dimensional array in a length direction and a width direction of the delivery and storage device (e.g.; see Fig. 5).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Eaglin’s device such that the plurality of storage bins are arranged in a two-dimensional array in a length direction and a width direction of the delivery and storage device as taught by Payne. The motivation would be for the purpose of increasing the number of storage cavities to hold more objects.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Eaglin et al. (US Pat. No. 4,899,968) in view of Miyazaki et al. (US Pat. No. 3,981,551).
In regards to claim 13, Eaglin teaches a heightening seat (5120, Fig. 5) is disposed at a bottom of the chassis (18) and configured to increase a distance between the chassis and a ground; and the traveling assembly includes: a roller (5122) disposed at a bottom of the heightening seat.
Eaglin does not teach a brake apparatus is disposed on the roller. Miyazaki teaches a transportation apparatus having a brake apparatus disposed on a roller (19; Col 6, Lines 64-67).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Eaglin’s device such that a brake apparatus is disposed on the roller. The motivation would be for the purpose of stopping the device as taught by Miyazaki (Col 6, Lines 64-67).
Allowable Subject Matter
Claims 7, 8 and 10 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: The closest prior art of record is discussed above. The prior art of record does not teach or suggest modifying Eaglin’s device to include the structural and functional limitations of Applicant’s claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for additional prior art related to Applicant’s disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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/Stanton L Krycinski/Primary Examiner, Art Unit 3631
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