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 .
Abstract
The abstract of the disclosure is objected to because it contains phrases which can be implied. The phrase “The invention relates, inter alia, to” in line 1 should be removed. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 5-7 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.
Regarding claim 5, line 3: the limitation “a hat outer contour” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation.
Regarding claim 6, line 2: the limitation “a bowler hat outer contour” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation.
Regarding claim 6, line 3: the limitation “a hat crown” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation
Regarding claim 6, line 3: the limitation “a hat outer contour” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation.
Regarding claim 6, line 4: the limitation “a hat brim” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation.
Regarding claim 6, line 4: the limitation “a hat outer contour” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation
Regarding claim 7, line 2: the limitation “shell shape” renders the claim indefinite because it is unclear exactly what structures would be encompassed by the limitation
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 1-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US Patent 5,373,934) in view of Fischer (US Pub 2023/0192420).
Regarding claim 1, Jackson discloses a damping element (30) for a container receiving pocket of a container transport starwheel, wherein the damping element comprises:
an elastically deformable damping section (32, 36) having a contact face for contacting a container; and
a mounting section (38) for mounting the damping element in the container receiving pocket of the container transport starwheel,
Regarding claim 2, Jackson also discloses at least one of:
the material layers are made of an elastically deformable plastic; and
the damping element has as a whole due to its design and material a Shore A hardness of between 30 and 90 (col 4, lines 26-37).
Regarding claim 3, Jackson also discloses at least one of:
the contact face is roughened; and
the contact face has a predetermined profiling, texturing or patterning to increase friction between the container and the contact face (fig 6).
Regarding claim 4, Jackson also discloses at least one of the following conditions is met:
the damping section and the mounting section merge directly into one another (fig 6);
the damping section and the mounting section are integrally joined to one another (fig 6); and
the damping element is a one-piece design (fig 6).
Regarding claim 5, Jackson also discloses a common outer contour formed by the damping section and the mounting section substantially corresponds to a hat outer contour (fig 6).
Regarding claim 6, Jackson also discloses at least one of:
the common outer contour substantially corresponds to a bowler hat outer contour (fig 6);
the damping section forms a hat crown of the hat outer contour; and
the mounting section forms a hat brim of the hat outer contour (fig 6).
Regarding claim 7, Jackson also discloses at least one of:
the damping section has a trough shape or shell shape (fig 6); and
the damping section has a recess (fig 6).
Regarding claim 8, Jackson also discloses at least one of:
the mounting section is elastically deformable (col 4, lines 26-37);
the plurality of adjacent material layers are additively manufactured;
the material layers are made of thermoplastic polyurethane (TPU);
the material layers are made of TPU with a Shore A hardness of between 70 and 95;
the damping element has the Shore A hardness of between 30 and 80 (col 4, lines 26-37);
the damping element has the Shore A hardness of between 30 and 50 (col 4, lines 26-37);
the damping section has a central recess (fig 6); and
the damping section has a depression (fig 6).
Regarding claim 9, Jackson also discloses the damping section has a contact lip (outer rounded sections of element 30) on which the contact face is arranged.
Regarding claim 10, Jackson also discloses at least one of the following conditions is met:
the contact lip is curved (fig 6);
the contact face is arranged in an apical region of the contact lip (fig 6);
the contact lip laterally delimits a recess of the damping section (fig 6);
a material thickness of the contact lip increases toward a free end of the contact lip, and
the contact lip has an essentially wedge-shaped cross-section in a plane perpendicular to a longitudinal course of the contact lip.
Regarding claim 11, Jackson also discloses at least one of the following conditions is met:
the contact lip is C-shaped (fig 6);
the contact lip laterally delimits a depression of the damping section (fig 6); and
the material thickness of the contact lip increases toward the free end of the contact lip at least one of continuously and uniformly.
Regarding claim 12, Jackson also discloses the damping section further comprises a side wall (from wall of element 30) which is connected to the contact lip.
Regarding claim 13, Jackson also discloses at least one of:
the side wall delimits a recess (spaces between elements 36) of the damping section on the bottom side; and
the contact lip is perpendicular to the side wall.
Regarding claim 14, it would have been obvious at the time of the invention to one of ordinary skill of the art to design the side wall has a material thickness between 0.4 mm and 1.5 mm to suite the specific application, since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 16, Jackson also discloses at least one of:
the side wall is connected to the contact lip at least one of at a longitudinal edge of the contact lip and along an entire longitudinal course of the contact lip;
the side wall delimits a depression of the damping section on the bottom side (fig 6);
the side wall has a material thickness between 0.6 mm and 1 mm;
the side wall has the material thickness of about 0.8 mm;
a material thickness of the contact lip increases starting from the side wall in a direction at least one of away from the side wall and toward a free end of the contact lip at least one of continuously and uniformly; and
the material thickness of the contact lip increases starting from the side wall in the direction at least one of away from the side wall and toward the free end of the contact lip from approximately 1 mm at the side wall to approximately 2 mm at the free end.
Regarding claim 17, Jackson also discloses at least one of the following conditions is met:
the mounting section is at least one of elongated (fig 6) and plate-shaped;
the damping section extends outwardly from a central region of the mounting section (fig 6);
the mounting section laterally delimits a recess of the damping section; and
at least one of opposite ends of the mounting section project beyond the damping section and each opposite end of the mounting section has a recess (40; fig 6).
Regarding claim 18, Jackson also discloses a transport starwheel for transporting containers, wherein the transport starwheel comprises:
a plurality of damping elements (30) according to claim 1; and
at least one starwheel plate (24) which has a plurality of container receiving pockets distributed around its circumference, wherein in each of the container receiving pockets at least one of the plurality of damping elements for damping a reception of a container is arranged in the relevant container receiving pocket (fig 2).
Jackson does not explicitly disclose (claim 1) the damping section and the mounting section are formed from a plurality of adjacent material layers and (claim 19) a method for producing a damping element according to claim 1, wherein the method comprises additively manufacturing the damping element with the damping section and the mounting section and (claim 20) a computer program product having instructions causing an additive manufacturing apparatus to: produce a damping element according to claim 1 in a plurality of material layers in an additive manufacturing process.
Regarding claim 1, Fischer teaches forming a portion of a star wheel from a plurality of adjacent material layers (paragraph 0034).
Regarding claim 19, Fischer also teaches a method for producing a portion of a star wheel, wherein the method comprises additively manufacturing the portion of the star wheel (paragraph 0034).
Regarding claim 20, Fischer also teaches a computer program product having instructions causing an additive manufacturing apparatus to: produce a portion of a starwheel in a plurality of material layers in an additive manufacturing process (paragraph 0034).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make the damping element of Jackson by forming it from a plurality of adjacent material layers and additively manufacturing it and using a computer program product having instructions causing an additive manufacturing apparatus to: produce it in a plurality of material layers in an additive manufacturing process as taught by Fischer in order to reducing complex manufacture processes thereby reducing costs (paragraph 0008).
Allowable Subject Matter
Claim 15 is 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keith R Campbell whose telephone number is (571)270-1015. The examiner can normally be reached Monday-Friday 8:30am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRC/Examiner, Art Unit 3651 9/18/2026
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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