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 1-7, 10 and 14-20 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 tracking containers in a filling plant …” and goes on to recite a plant environment, imaging conditions, image evaluation and data extraction but the claim nor does its dependent claims recite discrete method steps. Hence the claims have not been treated with regard to the prior art. Applicant however should take note of the prior art applied to the apparatus claims which is pertinent to the method claims that have been rejected. Appropriate correction is required.
Claim 10 recites “the evaluation unit is configured to extract the tracking data by identifying and locating the respective container in at least 10 of the images”, this is unclear in that the claims do not recite there is a discrete number of images captured to be evaluated. Appropriate clarification and correction is required.
With regard to claims 14-16, it is unclear whether the claim 14 is intended to be an independent claim or dependent claim as the claim refers to another claim. If claim 14 is intended to be an independent claim any reference to another claim should be deleted. If claim 14 and its dependent claims are intended to be dependent from claim 8 then they should have the same preamble as the claim from which they are meant to depend. Hence the claims have not been treated with regard to the prior art. Appropriate clarification and 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) 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0294972 to Higo et al.(“Higo” hereafter).
Higo discloses (claim 8) an apparatus 100 for tracking containers 1, in a filling plant, including at least one area-imaging sensor 18 with a stationary imaging region for jointly imaging several of the containers 1 during their transport in images offset from one another in time; an electronic evaluation unit 51, 52 which is configured to extract tracking data M1, M2 of individual containers 1 from the images and to assign them individually to the containers, wherein the tracking data comprise identification information for identifying the respective container and location information about a sequence of locations and associated stay times of the respective container (para. [0056]); (claim 9) the stationary imaging region 18 is assigned to a container tracking section and the evaluation unit 51, 52 is configured to extract the tracking data in such a way that the identity as well as the locations and stay times of the respective container can be specified (para. [0056]; (claim 10) the evaluation unit 51, 52 is configured to extract the tracking data by identifying and locating the respective container in at least 10 of the images, as best understood this recitation is disclosed because the reading apparatus is disclosed as being a camera, cameras are capable of taking multiple frames/images of a target within miliseconds; (claim 11) the at least one area-imaging sensor 18 is directed at least one transport means L which is configured for the standing transport of the containers in an unsorted mass transport, under dynamic pressure, along an incline, a decline and/or a curve, and/or along a guide element which laterally guides and/or deflects the containers in a stationary arrangement; (claim 12) the at least one area-imaging sensor 18 is directed at a transfer point via which the containers 1 change from a first transport means L to at least a second transport means 8; (claim 13) the at least one area-imaging sensor 18 is configured to create the images in recording cycles with an image recording rate of 5 - 40 images per second, in that the imaging sensors are cameras and can be programmed to record images at any rate.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Thomas can be reached at 571-272-8002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651
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