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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Linkbom US 3796455 (hereinafter Linkbom) in view of Rickhardsson US 2017/0203444 (hereinafter Rickhardsson).
Re. Cl. 1, Linkbom discloses: A device (Fig. 1) for picking up and releasing electrodes for electrolytic cells (see Fig. 1, in the same manner as 16), said device comprising: - a case (24, Fig. 1), internally hollow (see Fig. 1), provided with at least one connection opening (opening in 32, Fig. 1) and with at least one perforated wall (22, Fig. 1) adapted to retain and release at least one electrode (see Fig. 1, in the same manner as 16), said connection opening and said perforated wall being susceptible of being traversed by an air flow (see Fig. 1, shown by the directional arrows); - an air conveyance system (42, 34, 46, Fig. 1) mechanically connected to said case and in fluid communication with said connection opening in order to force said air flow within said case through said perforated wall (see Fig. 1); wherein said air conveyance system comprises: - a ventilation duct (34 and see annotated figure 1), which is placed in fluid connection with the connection opening of said case and with an outside environment through a suction opening and a discharge opening (see Fig. 1); - at least one fan (42, Fig. 1), which is connected to said ventilation duct by means of an upstream connection and a downstream connection with respect to the connection opening of said case (see Fig. 1).
Re. Cl. 3, Linkbom discloses: said case has substantially box-like shape (see 24, Fig. 1-2) and comprises: - said perforated wall (22, Fig. 1), which is substantially flat (see Fig. 1-2); - an opposite upper wall (32, Fig. 1), which is extended substantially parallel to said perforated wall (see Fig. 1, the angle at which 32 extends is almost horizontal and is therefore “substantially” parallel to 22; the term “substantially” is a term of degree which encompasses the angle shown in the Examiner’s position); and - a lateral wall (28, 16, Fig. 1-2) placed to connect between said perforated wall and said upper wall (see Fig. 1-2); wherein said air conveyance system is mechanically connected to the upper wall of said case and wherein said connection opening is attained on said upper wall (see Fig. 1-2).
Re. Cls. 1-2 and 5, Linkbom does not disclose - a shutter placed to intercept said ventilation duct and arranged to take on:- at least one suction configuration, in which said shutter places the downstream connection of said ventilation duct in fluid communication with the discharge opening of said ventilation duct and the upstream connection of said ventilation duct in fluid communication with the connection opening of said case , suctioning air from the perforated wall of said case in order to retain a said electrode in abutment thereon; - at least one blowing configuration, in which said shutter places the upstream connection of said ventilation duct in fluid communication with the suction opening of said ventilation duct and the downstream connection of said ventilation duct in fluid communication with the connection opening of said case in order to suction air from the outside environment through the suction opening , blowing the air through the perforated wall of said case in order to facilitate the detachment of a said electrode therefrom (Cl. 1), said shutter is arranged in order to take on at least one intermediate configuration, in which said shutter places the upstream connection of said ventilation duct in fluid communication with the suction opening of said ventilation duct and with the connection opening of said case and in which said shutter places the downstream connection of said ventilation duct in fluid communication with the discharge opening of said ventilation duct and with the connection opening of said case in order to adjust under-pressure and/or over-pressure generated at the perforated wall of said case (Cl. 2); or said shutter comprises a movable body , which is slidably inserted in said ventilation duct and is movable along a movement direction (Y) at least between a first position, in which said shutter takes on said suction configuration, and a second position, in which said shutter takes on said blowing configuration; - at least one actuator mechanically connected to said movable body and actuatable to move said movable body at least between said first position and said second position (Cl. 5). Rickhardsson discloses a vacuum gripper (Fig. 1) which includes an air conveyance system (Air source, 1-6, Fig. 1) which includes a shutter (4, Fig. 1) placed to intercept said ventilation duct (see Fig. 1-3) and arranged to take on:- at least one suction configuration (see Fig. 2), in which said shutter places the downstream connection of said ventilation duct in fluid communication with the discharge opening of said ventilation duct and the upstream connection of said ventilation duct in fluid communication with the connection opening of said case , suctioning air from the perforated wall of said case in order to retain a said electrode in abutment thereon (see Fig. 2, by allowing the vacuum to be created as shown); - at least one blowing configuration (see Fig. 3), in which said shutter places the upstream connection of said ventilation duct in fluid communication with the suction opening of said ventilation duct and the downstream connection of said ventilation duct in fluid communication with the connection opening of said case in order to suction air from the outside environment through the suction opening , blowing the air through the perforated wall of said case in order to facilitate the detachment of a said electrode therefrom (see Fig. 3, by engaging in a blow off); said shutter is arranged in order to take on at least one intermediate configuration (see Fig. 2-3, pivoting between the position shown in Fig. 2 and 3), in which said shutter places the upstream connection of said ventilation duct in fluid communication with the suction opening of said ventilation duct and with the connection opening of said case and in which said shutter places the downstream connection of said ventilation duct in fluid communication with the discharge opening of said ventilation duct and with the connection opening of said case in order to adjust under-pressure and/or over-pressure generated at the perforated wall of said case (see Fig. 2-3); said shutter comprises a movable body (see Fig. 2-3, 4 is a movable body), which is slidably inserted in said ventilation duct and is movable along a movement direction (Y) (see Fig. 2-3, pivotal in a direction Y about 12) at least between a first position, in which said shutter takes on said suction configuration, and a second position, in which said shutter takes on said blowing configuration (see Fig. 2-3); - at least one actuator (11, Fig. 2) mechanically connected to said movable body and actuatable to move said movable body at least between said first position and said second position (see Fig. 2-3 and Paragraph 0034)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pick up device of Linkbom with the shutter of Rickhardsson with reasonable expectation of success since Rickhardsson states that such a modification enables for a blow off configuration which uses compressed air to release the object being held (Paragraph 0031, Lines 1-5 and 0037 Lines 1-4).
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Linkbom in view of Rickhardsson as applied to claims 1-3 and 5 above, and further in view of Kearney US 2015/0061309 (hereinafter Kearney).
Re. Cl. 9, the combination discussed above does not explicitly disclose said fan comprises an impeller provided with a plurality of blades and an electric motor actuatable for rotating said impeller in a given rotation sense in order to generate an air flow from said upstream connection to said downstream connection. Kearney discloses that it is known to use a fan (10, Fig. 1) having an impeller (16, Fig. 1) provided with a plurality of blades (14, Fig. 1) and an electric motor (20) actuatable for rotating said impeller in a given rotation sense in order to generate an air flow from said upstream connection to said downstream connection (see Fig. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fan of Linkbom to have the impeller, blades and motor of Kearney with reasonable expectation of success since Kearnney states that such a modification provides pressure for suctioning an object (Paragraph 0088, Lines 14-16).
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Linkbom in view of Rickhardsson as applied to claims 1-3 and 5 above, and further in view of Dunne US 3661051 (hereinafter Dunne).
Re. Cl. 10, the combination discussed above discloses a handling apparatus (Fig. 1, of Linkbom) for moving electrodes (see Fig. 1, in the same manner as shown with 16), said handling apparatus comprising a handler (14, Fig. 1 Linkbom), which is arranged for moving electrodes (see Fig. 1, by being a programmable manipulator arm, it is configured for moving the members 16); wherein said handler comprises the device of claim 1 (see rejection of claim 1 above), wherein said device is mechanically supported by said movable support frame for moving said electrodes (see Fig. 1) but does not disclose explicitly disclose a : - a support structure intended to be abutted against the ground; the handling apparatus fixed to said support structure and said handler comprising a movable support frame mechanically connected to said support structure. Linkbom further mentions that the manipulator arm can be the type cited in an aforementioned US patent but does not specify which aforementioned patent is specifically referred to and does not make it abundantly clear that the patent is incorporated by reference. Therefore, it is the Examiner’s position that Linkbom lacks disclosure of the structures cited above. Dunne discloses a handling apparatus (Fig. 1) which includes a support structure (40, Fig. 1) intended to be abutted against the ground (see Fig. 1); a handler (60, 50, 70, Fig. 1), which is fixed to said support structure (see Fig. 1) and is arranged for moving objects (see Fig. 1, using 82, 84); said handler comprising a movable support frame (see Fig. 1) mechanically connected to said support structure (see Fig. 1); wherein said handler comprising a device for picking objects up (82, 84 Fig. 1), wherein said device is mechanically supported by said movable support frame for moving said object (see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Linkbom device to include the supporting structure and handler of Dunne with reasonable expectation of success since Linkbom states that the device can be used with a programmable manipulator arm as in an aforementioned patent (Col. 3, Lines 10-14) and Dunne was one of the aforementioned patents (Col. 1, Lines 7-10).
Allowable Subject Matter
Claims 4 and 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTO-892 which includes references not relied upon for the purpose of rejection but are identified as being pertinent to Applicant’s claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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