DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Application filed 11/20/2024.
The status of the Claims is as follows:
Claims 1-10 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/20/2024 was filed after the mailing date of the Application on 11/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Limitations interpreted under 35 U.S.C. 112(f) include:
First viewing system (7): camera Fig. 1
Second viewing system (8): camera Fig. 1
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 3-5 and 8 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.
Claim 3 recites the limitation "the plate" in line 1 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the plate" in line 1 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the wedges" in line 1 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the plate" in line 2 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the polyarticulated systems" in line 2 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-10 are allowed.
The following is an examiner’s statement of reasons for allowance:
Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed at least one first polyarticulated system comprising a gripper coupled with a single gripping tool provided with at least one suction cup and configured to grip, one by one, and in association with a first viewing system, tubes and depositing them flat, in association with a second viewing system, on an intermediate plate; at least one intermediate plate comprising at least one row of wedges adjusted to the shape of the tubes and laterally attached to one another to support the tubes flat side by side and in the same direction; and at least one second polyarticulated system comprising a gripper coupled with a simultaneous gripping tool provided with a row of suction cups and configured to simultaneously grip all of the tubes from the intermediate plate and package them flat in a package.
Thompson et al. (US 20140260113) at least one first polyarticulated system comprising a gripper coupled with a single gripping tool configured to grip, one by one, tubes and depositing them flat on an intermediate plate (26); at least one intermediate plate (26) comprising at least one row of wedges (Fig. 36) adjusted to the shape of the tubes and laterally attached to one another to support the tubes (18) flat side by side and in the same direction; and at least one second polyarticulated system (60) configured to simultaneously grip all of the tubes (18) from the intermediate plate and package them flat in a package (Fig. 41C).
The Prior Art does not teach a first and second polyarticulated system as claimed.
Thus, it is Examiner’s opinion that it would not have been obvious to one having ordinary skill in the art at the time of the invention to combine or modify the prior art in order to arrive at Applicant's invention as claimed.
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 CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731