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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 23rd, 2026 has been entered.
Response to Amendment
The amendment filed January 23rd, 2026 has been entered. Claim 1 has been amended. Claims 1-6 and 8-21 remain pending.
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 1-4, 6, 8, 10-12, 15 and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Epperlein et al. (US 2019/0091817) in view of Caristan (US 2010/0122970).
Regarding claim 1, Epperlein et al. (US 2019/0091817) teaches a sorting apparatus for assisting a sorting operation of workpieces of a workpiece sheet (Paragraph 0002 lines 1-3), wherein the workpieces are connected to the workpiece sheet by predetermined breaking points (Paragraph 0020 lines 1-3), the sorting apparatus comprising:
a support region (Fig. 1 region of #14a, 14b) with support elements (Fig. 1 #14a, 14b) for placing the workpiece sheet thereon (Paragraph 0064 lines 1-7), the support elements (Fig. 1 #14a, 14b) being arranged between two sides of the sorting apparatus, wherein a sorting opening (Fig. 1 #6) for the workpieces to fall through is formed between adjacent support elements (Paragraph 0072 lines 1-16),
a collection region (Fig. 2A region of #25) arranged below the support region (Fig. 2A region of #25 arranged below region of #14a, 14b) and having at least two collection compartments (Fig. 2A see at least two #25) for collecting the workpieces falling through the sorting opening (Paragraph 0076 lines 8-16),
a guide region (Fig. 2A region of #18) arranged between the support region and the collection region (Fig. 2A region of #18 arranged between region of #14a, 14b and region of #25) and having at least one guide element (Fig. 2A #18) for guiding the workpieces falling through the sorting opening to the collection compartments (Fig. 2A #18 guiding workpieces falling through #6 to #25, Paragraph 0076 lines 6-12), and
an adjustment device (Fig. 2A #22) for adjusting the collection compartments relative to the at least one guide element and/or for adjusting the at least one guide element relative to the collection compartments (Paragraph 0076 lines 1-12) such that, via the at least one guide element, workpieces are selectively fed to a respective collection compartment selected from the at least two collection compartments by the adjusting (Paragraph 0076 lines 1-18).
Epperlein et al. (US 2019/0091817) lacks teaching the support elements being configured as support bars spaced apart from one another and arranged parallel to one another between two sides of the sorting apparatus, wherein a plurality of sorting openings for the workpieces to fall through are formed between adjacent support elements such that the support region is configured as a support grid, an additional support region with additional support elements for placing the workpiece sheet thereon, the additional support elements being configured as support bars spaced apart from one another so as to form a plurality of additional sorting openings between adjacent additional support elements for the workpieces to fall through, the additional sorting openings being smaller than the sorting openings of the support region, a collection region arranged below the support region and additional support region and having at least two collection compartments for collecting the workpieces falling through the plurality of sorting openings and additional sorting openings.
Caristan (US 2010/0122970) teaches a sorting apparatus for assisting a sorting operation of workpieces of a workpiece sheet (Paragraph 0002 lines 1-2) comprising the support elements (Fig. 3 #1) being configured as support bars spaced apart from one another (Fig. 3 see #1 configured as support bars spaced apart from one another) and arranged parallel to one another between two sides of the sorting apparatus (Fig. 3 see #1 arranged parallel to one another between #13), wherein a plurality of sorting openings for the workpieces to fall through are formed between adjacent support elements such that the support region is configured as a support grid (Paragraph 0021 lines 1-12), an additional support region (Fig. 9 see each additional region of #7, 8, wherein each region comprises “table frame” shown by Figs. 3-4, 6-7 #13) with additional support elements for placing the workpiece sheet thereon (Paragraph 0032 lines 1-13), the additional support elements being configured as support bars (Fig. 3 #1) spaced apart from one another (Fig. 3 see #1 spaced apart from one another) so as to form a plurality of additional sorting openings between adjacent additional support elements for the workpieces to fall through (Paragraph 0021 lines 1-12), the additional sorting openings being smaller than the sorting openings of the support region (Paragraph 0021 lines 1-17), a collection region arranged below the support region and the additional support region (Paragraph 0021 lines 9-12, Fig. 9 region of “scrap conveyor” underneath each region of #7, 8) and having at least two collection compartments for collecting the workpieces falling through the plurality of sorting openings and additional sorting openings (Paragraph 0021 lines 9-12, Fig. 9 see at least two “scrap conveyors”).
Caristan (US 2010/0122970) explains that the bridge rail modules are position adjustable along the x-axis or y-axis of the table frame to allow for positioning anywhere along the x-axis or y-axis, the bridge rail modules should be designed as narrow as possible so that the detached parts can fall through and be collected by a scrap conveyor underneath the table, and explains that the system may include additional cut sequences in order to cut the engineered scrap into smaller pieces that can easily fall through the grid of bridge rails for evacuation and collection (Paragraph 0021 lines 1-17).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include the support elements being configured as support bars spaced apart from one another and arranged parallel to one another between two sides of the sorting apparatus, wherein a plurality of sorting openings for the workpieces to fall through are formed between adjacent support elements such that the support region is configured as a support grid, an additional support region with additional support elements for placing the workpiece sheet thereon, the additional support elements being configured as support bars spaced apart from one another so as to form a plurality of additional sorting openings between adjacent additional support elements for the workpieces to fall through, the additional sorting openings being smaller than the sorting openings of the support region, a collection region arranged below the support region and additional support region and having at least two collection compartments for collecting the workpieces falling through the plurality of sorting openings and additional sorting openings as taught by Caristan (US 2010/0122970) in order to provide adjustable sorting openings so that detached parts of different sizes may fall through and be collected in different areas after being cut to different sizes.
Epperlein et al. (US 2019/0091817) lacks teaching a guide region arranged between the additional support region and the collection region and having at least one guide element for guiding the workpieces falling through the plurality of sorting openings to the collection compartments.
Epperlein et al. (US 2019/0091817) explains that the guide region (Fig. 2A region of #18) enables the workpiece parts to be sorted into different collection containers depending on the size, geometry, etc. of said workpiece parts (Paragraph 0076 lines 6-16).
Had the modification been made as taught by Caristan (US 2010/0122970), it would have been obvious to a person having ordinary skill in the art to further modify Epperlein et al. (US 2019/0091817) to include a guide region arranged between the additional support region and the collection region and having at least one guide element for guiding the workpieces falling through the plurality of sorting openings to the collection compartments as Epperlein et al. (US 2019/0091817) explains that the guide region having at least one guide element enables the workpiece parts to be sorted into different collection containers.
Regarding claim 2, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the at least one guide element (Fig. 2A #18) is configured as a funnel, a tube, a chute, or a flap (Paragraph 0082 lines 1-6).
Regarding claim 3, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the guide region (Fig. 2A region of #18) further has a funnel element (Fig. 2B #17) arranged above the at least one guide element (Fig. 2B #17 arranged above #18).
Regarding claim 4, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the adjustment device (Fig. 2A #22) comprises a rotary mechanism and/or a linear mechanism (Paragraph 0076 lines 1-6) for rotating and/or linearly displacing the at least one guide element or the collection compartments relative to one another (Fig. 2A #22, 23 linearly displaces #18 relative to #25).
Regarding claim 6, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the guide region (Fig. 2A region of #18) further has at least one sound absorption element (Paragraph 0075 lines 10-16).
Regarding claim 8, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the support elements (Fig. 1 #14a, 14b) comprise brushes on a support side for placing the workpiece sheet and/or are configured to be elastic (Paragraph 0067 lines 12-24).
Regarding claim 10, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein at least two of the support elements (Fig. 1 #14a, 14b) form an inclined support surface (Fig. 4A see inclined support surface of #14a, 14b).
Regarding claim 11, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, further comprising at least one fixing device for fixing the workpiece sheet on the support region (Paragraph 0061 lines 1-7).
Regarding claim 12, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, further comprising a tool (Fig. 1 #9) capable of being moved automatically in the support region (Paragraph 0062 lines 5-10), for breaking open the predetermined breaking points between the workpieces and the workpiece sheet (Paragraph 0060 lines 1-9).
Regarding claim 15, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the collection region (Fig. 2A region of #25) has a pallet region (Fig. 2A region of #26) with a pallet (Fig. 2A #26) for storing the at least two collection compartments thereon (Fig. 2A at least two #25 stored on #26).
Regarding claim 17, Epperlein et al. (US 2019/0091817) teaches a separating system for separating workpieces of a workpiece sheet (Paragraph 0002 lines 1-3), the separating system comprising a machine tool (Fig. 1 #9) for cutting or punching the workpieces from the workpiece sheet (Paragraph 0062 lines 5-15) and a sorting device according to claim 1 (see claim 1).
Regarding claim 18, Epperlein et al. (US 2019/0091817) teaches a removal system for removing and sorting workpieces of a workpiece sheet (Paragraph 0002 lines 1-3), the removal system comprising a conveyor belt device (Paragraph 0061 lines 1-17) and a sorting apparatus arranged thereon, according to claim 1 (see claim 1).
Regarding claim 19, Epperlein et al. (US 2019/0091817) teaches an assembly with a separating system (Paragraph 0002 lines 1-3) according to claim 17 (see claim 17).
Regarding claim 20, Epperlein et al. (US 2019/0091817) teaches a method for sorting workpieces of a workpiece sheet (Paragraph 0002 lines 1-3) using a sorting apparatus according to claim 1 (see claim 1), wherein the workpieces are connected to the workpiece sheet by predetermined breaking points (Paragraph 0046 lines 14-16), the method comprising:
placing the workpiece sheet (Fig. 1 #2) on the support region (Fig. 1 region of #14a, 14b) of the sorting apparatus (Paragraph 0064 lines 1-4),
adjusting the adjustment device (Fig. 2A #22, Paragraph 0076 lines 1-12) to select a respective collection compartment (Fig. 2A #25) of the at least two collection compartments of the sorting apparatus, to which the workpieces of the workpiece sheet are to be guided (Paragraph 0076 lines 1-12), and
detaching the workpieces from the workpiece sheet using a tool (Fig. 1 #9) so that the workpieces pass via the guide region into the respective collection compartment, selected by the adjustment device (Paragraph 0083 lines 7-19, Paragraph 0076 lines 1-16).
Regarding claim 21, Epperlein et al. (US 2019/0091817) teaches a method for separating workpieces of a workpiece sheet (Paragraph 0002 lines 1-3), the method comprising cutting or punching the workpieces from the workpiece sheet by a machine tool (Fig. 1 #9, Paragraph 0060 lines 1-8), and sorting the workpieces according to the method of claim 20 (see claim 20).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Epperlein et al. (US 2019/0091817) in view of Caristan (US 2010/0122970) and further in view of Cumbria et al. (US 2009/0090595).
Regarding claim 5, Epperlein et al. (US 2019/0091817) lacks teaching the sorting apparatus according to claim 4, wherein the adjustment device comprises a rotary mechanism for rotating the at least one guide element or the collection compartments relative to one another, and wherein the rotary mechanism comprises a rotating wheel connected to the at least one guide element, with at least one handle for rotating the at least one guide element relative to the collection compartments.
Cumbria et al. (US 2009/0090595) teaches a sorting apparatus (Paragraph 0001 lines 1-4), wherein the adjustment device comprises a rotary mechanism (Paragraph 0033 lines 1-6) for rotating the at least one guide element (Paragraph 0033 lines 1-6, “chute body”) or the collection compartments relative to one another (Paragraph 0038 lines 1-5), and wherein the rotary mechanism (Paragraph 0033 lines 1-6) comprises a rotating wheel (Paragraph 0035 lines 7-10) connected to the at least one guide element (Paragraph 0033 lines 1-6), with at least one handle for rotating the at least one guide element (Paragraph 0036 lines 1-5, “levers…for effecting rotation of the chute body”) relative to the collection compartments (Paragraph 0038 lines 1-5).
Cumbria et al. (US 2009/0090595) explains that in operation, the chute may be repositioned from a first rotational position over a second discharge conveyor using a simple manual procedure (Paragraph 0039 lines 1-4), which may be completed with minimal downtime of the material supply, and the chute may be provided in a variety of sizes customized to the requirements of each material handling operation (Paragraph 0048 lines 1-6). Cumbria et al. (US 2009/0090595) additionally explains that the rotatable chute may be rotated into any position through 360 degrees, which permits selective positioning over each of the output conveyors (Paragraph 0050 lines 1-7).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include wherein the adjustment device comprises a rotary mechanism for rotating the at least one guide element or the collection compartments relative to one another, and wherein the rotary mechanism comprises a rotating wheel connected to the at least one guide element, with at least one handle for rotating the at least one guide element relative to the collection compartments as taught by Cumbria et al. (US 2009/0090595) in order to provide a simple manual process with minimal downtime, which may position the guide element into any position through 360 degrees.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Epperlein et al. (US 2019/0091817) in view of Caristan (US 2010/0122970) and further in view of legal precedent.
Regarding claim 9, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, wherein the support elements (Fig. 1 #14a, 14b) are heat-resistant (Paragraph 0065 lines 14-17).
Epperlein et al. (US 2019/0091817) lacks teaching wherein the support elements are heat-resistant up to at least 80°C.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include wherein the support elements are heat-resistant up to at least 80°C, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Epperlein et al. (US 2019/0091817) in view of Caristan (US 2010/0122970) and further in view of Yamamoto et al. (JP 2005279753). English translations of the specification and claims of Yamamoto et al. (JP 2005279753) have previously been provided.
Regarding claim 13, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 12, further comprising a tool station (Fig. 1 #10, 11, 12) with the tool (Fig. 1 #9), wherein the tool station comprises a robot arm or a C-shaped frame (Fig. 1 see c-shaped frame of #10, 11) with two axes of movement (Paragraph 0063 lines 1-4), and wherein the tool is arranged on the robot arm or the C-shaped frame (Fig. 1 #9 arranged on #11).
Epperlein et al. (US 2019/0091817) lacks teaching the tool in a form of a vibrating hammer, wherein the tool station comprises a robot arm or a C-shaped frame with three axes of movement.
Yamamoto et al. (JP 2005279753) teaches an apparatus for assisting a sorting operation of workpieces of a workpiece sheet (Paragraph 0001 lines 1-7), comprising the tool in a form of a vibrating hammer (Paragraph 0015 lines 1-10), wherein the tool station comprises a vertical axes of movement (Paragraph 0015 lines 5-6).
Yamamoto et al. (JP 2005279753) explains that the tool in the form of a vibrating hammer separates micro-joints easily and efficiently (Paragraph 0008 lines 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include the tool in a form of a vibrating hammer, wherein the tool station comprises a robot arm or a C-shaped frame with a third axes of movement as taught by Yamamoto et al. (JP 2005279753) in order to separate micro-joints easily and efficiently.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Epperlein et al. (US 2019/0091817) in view of Caristan (US 2010/0122970) and further in view of Danninger et al. (EP 2314393). English translations of the specification and claims of Danninger et al. (EP 2314393) have previously been provided.
Regarding claim 14, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 1, further comprising a tool station (Fig. 1 #10, 11, 12) with a tool (Fig. 1 #9) for breaking open the predetermined breaking points between the workpieces and the workpiece sheet (Paragraph 0060 lines 1-9, Paragraph 0062 lines 5-10).
Epperlein et al. (US 2019/0091817) lacks teaching wherein the tool station comprises a toggle press with the tool arranged thereon.
Danninger et al. (EP 2314393) teaches an apparatus for assisting a sorting operation of workpieces of a workpiece sheet (Paragraph 0002 lines 1-5),wherein the tool station comprises a toggle press with the tool arranged thereon (Paragraph 0072 lines 7-10).
Danninger et al. (EP 2314393) states that presses are commonly used in modern manufacturing processes, including cutting and separating pieces of sheet metal (Paragraph 0002 lines 1-5), and explains that the invention is independent of the drive type of the press and may alternatively include toggle presses, amongst other types of presses (Paragraph 0072 lines 7-10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include wherein the tool station comprises a toggle press with the tool arranged thereon as taught by Danninger et al. (EP 2314393) in order to drive a press in a workpiece separating process.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Epperlein et al. (US 2019/0091817) in view of Caristan (US 2010/0122970), Zhang et al. (CN 215154805) and in view of legal precedent. English translations of the specification and claims of Zhang et al. (CN 215154805) have previously been provided.
Regarding claim 16, Epperlein et al. (US 2019/0091817) teaches the sorting apparatus according to claim 15, wherein a predefined minimum distance is provided between the at least one guide element and the at least two collection compartments (Fig. 2A distance between #18 and #25).
Epperlein et al. (US 2019/0091817) lacks teaching wherein the predefined minimum distance corresponds to a lifting height for lifting the pallet in the sorting apparatus, and wherein the predefined minimum distance is at least 30 mm.
Zhang et al. (CN 215154805) teaches a sorting apparatus for assisting a sorting operation of workpieces (Paragraph 0001 lines 1-2, Paragraph 0015 lines 1-3), wherein the predefined minimum distance (Figs. 1-2 distance between person placing the product and #302) corresponds to a lifting height for lifting the pallet (Fig. 1 lifting height of #3) in the sorting apparatus (Paragraph 0026 lines 2-13).
Zhang et al. (CN 215154805) explains that the tray can be adjusted according to the specific circumstances to facilitate the transportation and placement of products (Paragraph 0026 lines 9-13), and the adjustable tray makes it easy to take and place products inside the placement slots (Paragraph 0015 lines 1-9).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include wherein the predefined minimum distance corresponds to a lifting height for lifting the pallet in the sorting apparatus as taught by Zhang et al. (CN 215154805) in order to adjust the distance between the collection compartments and the guide element for the transportation and placement of workpieces according to the specific circumstances of the apparatus. Further, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Epperlein et al. (US 2019/0091817) to include wherein the predefined minimum distance is at least 30 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, filed January 23rd, 2026, with respect to the rejection(s) of amended claim(s) 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Caristan (US 2010/0122970).
Conclusion
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/MOLLY K DEVINE/ Examiner, Art Unit 3653