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 1-8, 16, 17 and 21 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 1 recites “a method for monitoring a production sequence …” but neither the claim nor does its dependent claims recite any steps of a method. Accordingly, the claims have not been treated 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) 9-12, 14, 15, 18-20 and 22 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2023/0294972 to Higo et al.(hereinafter Higo).
Higo discloses (claim 9) a production line 100 which comprises a filler 4 for filling liquid products into containers 1, is upstream therefrom or downstream therefrom, having at least two process units 6, 10, 11, 13-17 for the manufacture and/or processing of containers which are connected in series to one another by at least one transport means L, and having a monitoring system 18 which is configured to individually assign data records to the containers about a production sequence carried out in the process units and to enrich them with process and/or container-specific production data while passing through the production processes (para [0029], lines 14-17); (claim 10) the monitoring system comprises at least one shift register which is assigned to a process unit 50 and/or a transport means L in which the containers are force-guided, and wherein the monitoring system is configured to individually assign the data records to the containers by means of the shift register and, on this basis, to enrich them with the production data of the process unit and/or transport means passed through in this way (para [0028]); (claim 11) the monitoring system 18 comprises at least one tracking system R1-R5 for imaging transport tracking of the containers, which is assigned to a process unit and/or a transport means in which the containers are not force-guided and wherein the monitoring system 18 is configured to individually assign the data records M1, M2 to the containers 1 by means of the tracking system R1-R5; (claim 12) the monitoring system comprises an overlap region 8 at a transition from non-forced to forced container transport in which the containers are already force-guided, but are still tracked by imaging in order to transfer the data records of the containers on this basis from a tracking system to a shift register for imaging transport tracking; (claim 14) the monitoring system 18, 50 comprises at least one runtime monitor system for measuring the runtime of individual containers, in that the times when bottles pass processing devices along the line 100 are recorded, which is assigned to a process unit and/or a transport means 8 in which the containers are not force-guided and wherein the monitoring system 18 is configured to individually assign the data records to the containers by means of the runtime monitor system with a constant production output immediately upstream; (claim 15) the monitoring system 18, 50 is configured in such a way that the data records accompany the containers electronically via memory apparatus 52 after each enrichment with the process and/or container-specific production data and are further stored after passing through the process units with their production data; (claim 18) the monitoring system 18, 50 is configured to individually assign the data records M1, M2 to the containers 1 by means of the tracking system and to enrich them on this basis with the production data of the process unit and/or transport means passed through in this way (para [0029] lines 14-17); (claim 19) the monitoring system 18 is configured to individually assign the data records to the containers by means of the runtime monitor system with a constant production output immediately upstream, and to enrich them on this basis with the production data of the process unit and/or transport means L passed through in this way; (claim 20) the data records M1, M2 and/or container-specific production data are transferred between at least the shift register, the tracking system and/or the runtime monitor system; (claim 22) the transport means transports the containers in the form of random mass transport via accumulating conveyor 8.
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.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Higo in view of US 20090175691 to Hirschek.
Higo includes all the claimed features but does not disclose the transport means transports the containers in the form of one-way air transport. Hirschek disloses the use of pneumatic conveyors for transporting bottles. It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include a pneumatic conveyor to facilitate transfer of containers through the processing system as taught by Hirschek.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0294972 to Higo et al.(hereinafter Higo).
With regard to claim 13, Higo includes all the claimed features but does not disclose the length of the overlap region 8, however, this appears to be an obvious design choice and expedient and dependent upon how many containers one skilled in the art wished to transport through the processing system. The claimed dimensions do not appear critical to the invention and are just arbitrary. . It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the claimed dimensions such requiring the mere choice of dimensions suitable for the desired throughput of bottles through the system.
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 GENE O CRAWFORD whose telephone number is (571)272-6911. The examiner can normally be reached M-Thurs 6a-5p; Fri 6a-2p.
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/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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