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 .
Response to Arguments
The rejection under 112, second paragraph to claim 1 has been withdrawn.
Applicant's arguments filed 7/15/2026 have been fully considered but they are not persuasive.
Regarding claim 14, Klarl teaches “FIG. 3 shows a further depiction of the turning unit 12. It is evident that the device has a multiplicity of holding mandrels 44 which can engage in the mouths of the containers to guide these. A belt 46 is also provided which can set the holding mandrels 44 in rotation and thus turn all plastic containers through a particular angle. The containers are then delivered to the next star, for example, ejector star 13 described herein” C6 L5-15.
For the foregoing reasons, the claims stand rejected.
Claim Rejections - 35 USC § 102
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 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) 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klarl U.S. Patent No. 9,403,668.
Claim 14, Klarl teaches a method for packaging container carriers and containers into individual multipacks Abstract, the method comprising: providing container carriers 1 and containers to a transfer device 8 at a first pitch and a first centerline at 16; moving a plurality of can grippers 44 in an angular and radial direction Fig. 3 C7 L30-50, wherein the plurality of can grippers 44 are moved in an angular and radial direction as the can grippers rotate around the transfer device C6 L5-15; transferring the containers in a fixed angular position to a second pitch and a second centerline via 18 to 4 C5 L35-50; and applying the container carrier 1 to the containers C4 L25-50.
Claim 15, Klarl teaches each container is fixed in a generally identical angular position to each adjacent container C2 L10-20.
Claim 16, Klarl teaches each container is fixed in a different angular position to each adjacent container via 12,14,16,18,28 C5 L10-20.
Allowable Subject Matter
Claims 1-7 and 9-12 are allowed.
The prior art does not teach “a transfer device for moving oriented containers from a pickup location at the orienter from a first pitch and a first centerline to a dropoff location at an applicator to a second pitch and a second centerline, wherein the transfer device further comprises a central wheel having a plurality of can grippers arranged radially around the central wheel and positionable between a constant pitch and a variable pitch; and the applicator comprising a jaw drum and positioned with respect to the infeed to accept the plurality of containers” in combination with the rest of the claim language is not fairly taught in the prior art.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAVEL SINGH whose telephone number is (571)272-2362. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS
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