Detailed Office action
The communication dated 6/3/2026 has been entered and fully considered. Claim 16 is withdrawn from examination. Claims 1-16 remain pending
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 .
Election/Restrictions
Applicant's election with traverse of Invention I (claims 1-15) in the reply filed on 6/3/2026 is acknowledged. The traversal is on the ground(s) that the amendment overcomes the restriction requirement. This is not found persuasive because the amendment does not positively recite that the apparatus of Invention I is used in the method of Invention II. It only recites providing the apparatus and not using it. Therefore, the restriction requirement of 4/8/2026 stands as is. The requirement is still deemed proper and is therefore made FINAL. Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II.
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 5-8 and 11 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.
Claims 5 and 11 recites the limitation “a piece good” in line 2. This limitation is already recited in the independent claim 1. Therefore, it is not clear that the limitation in claim 5/11 is the same as that in claim 1 or a different one. For the purpose of examination, the Examiner interprets both limitations to be the same. Claims 6-8 are dependent on claim 5 and are rejected as well.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over COSSEY (US-2022/0185527), hereinafter COSSEY, in view of DE (DE-19750204-A1 and its English translation), hereinafter DE. Note that the italicized text below are the instant claims.
Regarding claim 1, COSSEY discloses A label device for applying a label to a piece good {[abstract]}, comprising:
a movable arm {[0020] note the robotic arm, [FIG. 1] 116/118 and note that is moveable along axis 122};
and a function end provided on the movable arm, wherein the function end is configured to hold a label {[0022] note end effector is the function end, [0023] note label retainer};
wherein the movable arm is displaceable between a hold state, in which a label can be held on the function end, and an application state, in which the function end can come into contact with the piece good to apply the label to the piece good {[0023] note holding by negative pressure, [0031] note contacting the package that is the application state}.
COSSEY, however, is silent on a fixed base and that the moveable arm is moveably mounted on the fixed base.
In the same field of endeavor that is related to labeling device, DE discloses a fixed base; moveable arm movably mounted on the fixed base {[0001] note support frame is the fixed base, [0026]/[FIG. 2] note support frame 18 is fixed, [0029] note move along x-axis on guide rails 60 and 60’, [FIG. 2] note label applicator 26 is mounted on the frame and it can move in the horizontal direction on the guide rails 60 and 60’}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of DE in the labeling device of COSSEY and have moveably mounted the movable arm 116/118 of COSSEY on a fixed frame so that this arm can move horizontally to reach the packages 114a-c {[FIG. 1]}. COSSEY discloses that its moveable arm is capable of extending transverse to the vertical motion path {[0048]}, therefore such modification enables further reach of this arm in the horizontal direction.
Also as disclosed by DE, such system enables the automatic operation to place the labels quickly and reliably {[0003], [0021]}.
Regarding claim 2, modified COSSEY discloses wherein the function end is configured to hold the label via a vacuum {[0023] note suction or negative pressure or vacuum}.
Regarding claims 3 and 9, modified COSSEY discloses wherein the function end is configured to come into mechanical contact with the piece good in the application state {[0031] note contacting the package}.
Regarding claims 4 and 10, modified COSSEY discloses wherein the function end is configured to have a different shape in the application state than in the hold state {[0034] note contact creates a force and changes the orientation of the function end}.
Regarding claims 5 and 11, modified COSSEY discloses wherein the movable arm is configured to follow, at least temporarily, a path of movement of a piece good to be labeled in the application state {[FIG. 1] note modified 116 in modified COSSEY can move horizontally along the conveyor (not numbered) that carries packages 114}.
Regarding claims 6 and 12, modified COSSEY discloses further comprising: a control unit which is configured to obtain or detect label information and, based thereon, to control the movable arm and/or the function end such that the label can be applied to the piece good based on the label information {[0031] note “label is retained” is the label information}.
Regarding claims 7 and 13, modified COSSEY discloses further comprising: a sensor device configured to detect a piece good to be labeled in order to obtain label information {[0031] note sensor detecting label applied to package or piece good thus detecting piece good as well}.
Regarding claims 8 and 14, DE discloses wherein the label device is configured to recognize a position of an applied label and to store the result in the label information {[0005], [0033] note storage in the memory}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of DE in the modified labeling device of COSSEY and have had the sensor recognizes the position of the label and store it in the memory. As disclosed by DE, such position sensing enables the automatic operation to place the labels accurately {[0003]}.
Regarding claim 15, modified COSSEY discloses A label system, comprising: a labeling device according to claim 1; and a conveyor which is configured to transport piece goods in a transport direction to the label device {see claim 1, [FIG. 1] note the conveyor (not numbered)}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to S. BEHROOZ GHORISHI whose telephone number is (571)272-1373. The examiner can normally be reached Mon-(alt Fri) 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S. BEHROOZ GHORISHI/ Primary Examiner, Art Unit 1748
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