DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 1/30/2025. An action on the merits follows.
Claims 1-13 are pending in the application.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed.
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 2-3 and 13 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 pre-AIA the applicant regards as the invention.
Regarding claim 2, the limitation “at least one movable element spaced near the contact wall, which can be moved between a lowered position irrelevant regarding caps accumulated against the contact wall” is vague and unclear because it is unclear what is meant by irrelevant regarding caps accumulated against the contact wall. In order to prosecute the application, Examiner is interpreting this limitation as “at least one movable element spaced near the contact wall, which can be moved between a lowered position regardless of whether the caps are accumulated against the contact wall”.
Regarding claim 13, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph because it falls across two statutory categories. Specifically, it is unclear whether infringement occurs when one creates the device or whether infringement occurs when a user actually uses the device. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011) and IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005).
Claim(s) 3 is/are rejected for depending on a rejected claim.
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, 5-6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over USPGP# 20100307109 of Pedrazzini (henceforth Pedrazzini) in view of USP# 3,070,210 of Woodward, Jr. (henceforth Woodward).
Regarding claim 1, Pedrazzini teaches
A device (8) for recruiting and loading a plurality of caps (5) for closing containers (2) of biological material (abstract), comprising:
- a cap container (10) arranged to contain in bulk a plurality of caps (para 0029),
- a cap recruitment system (11) in communication with said at least one cap container, arranged to convey the caps collected within the cap container, along a predetermined direction (para 0029, 0031),
- a channel device (12) in communication with said cap recruitment system (para 0031), arranged to receive the caps conveyed by the cap recruitment system and direct the caps downstream of the channel device (see fig. 4), and
- a slide (14, 24, 25) arranged to shift the caps from the channel device towards a pick up position (para 0036) wherein the caps can be respectively picked up for application on a respective container without a cap positioned at a working point (position at 26, para 0036),
- wherein said cap container comprises at least one inlet (inherent for allowing the caps to move from the cap container 10 to the cap recruitment system 11) from which to introduce the caps and at least one inclined chute (see angled walls of 10 as shown in fig. 2) configured to promote a flow of the caps towards the cap recruitment system (inherent function of the angled wall of cap container 10),
- wherein said cap recruitment system comprises a transport system (16, 17) extended along a direction (see fig. 4), arranged to convey the caps along an ascent path from a collection portion of the cap recruitment system (see fig. 4) receiving the caps coming from the cap container, towards an inlet portion of the channel device (see fig. 4, para 0031),
- wherein the transport system comprises an internal contact surface (17) for the caps, provided with a plurality of steps (17) mutually spaced along an extension of the transport system and arranged to respectively engage the caps accumulated in the collection portion (para 0030, 0031), and
- wherein the channel device comprises a channel (12, see fig. 4) sized to consecutively receive the caps conveyed by the transport system, contain a row of accumulated caps and direct the caps along a descent path (para 0034) from the inlet portion of the channel device towards said slide (para 0031, 0033-0034).
Pedrazzini does not teach
- wherein said cap recruitment system comprises a closed loop belt and wherein the closed loop belt comprises an internal contact surface (54) for the caps, provided with a plurality of steps (54) mutually spaced along an extension of the belt and arranged to respectively engage the caps accumulated in the collection portion (c. 4, l. 38-50).
Woodward teaches
A device (device in fig. 1) for recruiting and loading a plurality of objects (100), comprising:
- an object container (24) arranged to contain in bulk a plurality of objects (c. 4, l.1-5),
- an object recruitment system (22) in communication with said at least one object container, arranged to convey the objects collected within the object container, along a predetermined direction (c. 4, l. 45-50),
- a channel device (120, 122) in communication with said object recruitment system (figs. 5 and 9), arranged to receive the objects conveyed by the object recruitment system and direct the objects downstream of the channel device (c. 4, l. 50-55), and- a slide (124) arranged to shift the objects from the channel device towards a pick up position (distal end of 124, c. 5, l. 61-64)
- wherein said object container comprises at least one inlet (79, see fig. 4) from which to introduce the objects and at least one inclined chute (75) configured to promote a flow of the objects towards the object recruitment system (c. 4, l. 28-38),
- wherein said object recruitment system comprises a closed loop belt (22, see fig. 1) extended along a direction (see fig. 1), arranged to convey the objects along an ascent path from a collection portion of the object recruitment system (bottom of belt 22) receiving the objects coming from the object container, towards an inlet portion of the channel device (c. 4, l. 35-50),
- wherein the closed loop belt comprises an internal contact surface (54) for the objects, provided with a plurality of steps (54) mutually spaced along an extension of the belt and arranged to respectively engage the objects accumulated in the collection portion (c. 4, l. 38-50), and
- wherein the channel device comprises a channel (internal cavity of 120, see fig. 5) sized to consecutively receive the objects conveyed by the closed loop belt, contain a row of accumulated objects and direct the objects along a descent path (angled downwards path of 120, 122 as shown in fig. 5) from the inlet portion of the channel device towards said slide (c. 4, l. 38-51).
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 transport system of the cap recruitment system of Pedrazzini with conveyor belt with steps as taught by Woodward in order to provide the predictable result of allowing the transport system to be adjusted for different sized caps, be cost effective, and reduce the chance of damage to the caps during transport (Woodward: c. 1, l. 54-69).
Regarding claim 5, as shown in claim 1, the combination of Pedrazzini and Woodward teaches
wherein a part of the internal contact surface of the closed loop belt which comes to be in correspondence with a bottom part of a loop formed by the closed loop belt forms itself the collection portion of the cap recruitment system receiving the caps coming from the cap container (Woodward: c. 4, l. 38-50).
Regarding claim 6, as shown in claim 1, the combination of Pedrazzini and Woodward teaches
wherein the closed loop belt is inclined with respect to the vertical direction orthogonal to a conveyor belt (Pedrazzini: 1) for transporting the containers (Pedrazzini: para 0023).
The combination of Pedrazzini and Woodward teaches the closed loop belt has an inclination (Woodward: see fig. 1) but does not explicitly state the closed loop belt is inclined with an inclination between 20° and 30°.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the closed loop belt’s inclination to be between 20° and 30°, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to properly engage and hold the caps, involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 13, as shown in claim 1, the combination of Pedrazzini and Woodward teaches
A process for closing a plurality of containers of biological material by means of respective caps, comprising the following steps:
- arranging a recruiting and loading device according to claim 1 (see claim 1 above),
- introducing the plurality of caps within said cap container (Pedrazzini: para 0038-0041),
- operating said cap recruitment system to convey the plurality of caps collected within the cap container, along a predetermined direction (Pedrazzini: para 0031),
- accumulating the plurality of caps within said channel (Pedrazzini: para 0031),
- actuating said slide to shift the plurality of caps from the channel device towards a pick up position wherein the plurality of caps can be respectively picked up for application, one by one of a cap of the plurality of cans on a respective container of the plurality of containers without a cap of the plurality of cans being positioned at a working point (Pedrazzini: para 0036, 0040-0041).
Claims 1-3, 5-7, and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Pedrazzini in view of USP# 3,924,732 of Leonard (henceforth Leonard).
Regarding claim 1, Pedrazzini teaches
A device (8) for recruiting and loading a plurality of caps (5) for closing containers (2) of biological material (abstract), comprising:
- a cap container (10) arranged to contain in bulk a plurality of caps (para 0029),
- a cap recruitment system (11) in communication with said at least one cap container, arranged to convey the caps collected within the cap container, along a predetermined direction (para 0029, 0031),
- a channel device (12, 52, 28) in communication with said cap recruitment system (para 0031), arranged to receive the caps conveyed by the cap recruitment system and direct the caps downstream of the channel device (see fig. 4), and
- a slide (14, 24, 25) arranged to shift the caps from the channel device towards a pick up position (para 0036) wherein the caps can be respectively picked up for application on a respective container without a cap positioned at a working point (position at 26, para 0036),
- wherein said cap container comprises at least one inlet (inherent for allowing the caps to move from the cap container 10 to the cap recruitment system 11) from which to introduce the caps and at least one inclined chute (see angled walls of 10 as shown in fig. 2) configured to promote a flow of the caps towards the cap recruitment system (inherent function of the angled wall of cap container 10),
- wherein said cap recruitment system comprises a transport system (16, 17) extended along a direction (see fig. 4), arranged to convey the caps along an ascent path from a collection portion of the cap recruitment system (see fig. 4) receiving the caps coming from the cap container, towards an inlet portion of the channel device (see fig. 4, para 0031),
- wherein the transport system comprises an internal contact surface (17) for the caps, provided with a plurality of steps (17) mutually spaced along an extension of the transport system and arranged to respectively engage the caps accumulated in the collection portion (para 0030, 0031), and
- wherein the channel device comprises a channel (12, see fig. 4) sized to consecutively receive the caps conveyed by the transport system, contain a row of accumulated caps and direct the caps along a descent path (para 0034) from the inlet portion of the channel device towards said slide (para 0031, 0033-0034).
Pedrazzini does not teach
- wherein said cap recruitment system comprises a closed loop belt and wherein the closed loop belt comprises an internal contact surface (54) for the caps, provided with a plurality of steps (54) mutually spaced along an extension of the belt and arranged to respectively engage the caps accumulated in the collection portion (c. 4, l. 38-50).
Leonard teaches
A device (20) for recruiting and loading a plurality of caps (22) for closing containers (23) of biological material (intended use), comprising:
- a cap container (38) arranged to contain in bulk a plurality of caps (see fig. 2),
- a cap recruitment system (51) in communication with said at least one cap container (see fig. 2), arranged to convey the caps collected within the cap container, along a predetermined direction (c. 5, l. 8-19),
- a channel device (92, 93a, 93, fig. 8) in communication with said cap recruitment system, arranged to receive the caps conveyed by the cap recruitment system and direct the caps downstream of the channel device (c. 7, l. 48-62, fig. 8), and
- a slide (29, 31) arranged to shift the caps from the channel device towards a pick up position (position at/near 32 as shown in fig. 1) wherein the caps can be respectively picked up for application on a respective container without a cap positioned at a working point (c. 3, l. 57-64),
- wherein said cap container comprises at least one inlet (the gap in partition 44 between 38 and 39 as shown in fig. 2) from which to introduce the caps and at least one inclined chute (46) configured to promote a flow of the caps towards the cap recruitment system (c. 4, l. 43-48),
- wherein said cap recruitment system comprises a transport system (58, 59, 60) extended along a direction vertical (vertical section of 51 at and near 67 as shown in fig. 2) or inclined (curved section of 51 at and near 66/68 as shown in fig. 2) with respect to a vertical axis (see fig. 2), arranged to convey the caps along an ascent path from a collection portion of the cap recruitment system (at 62 in fig. 2) receiving the caps coming from the cap container, towards an inlet portion of the channel device (c. 5, l. 8-19),
- wherein the transport system comprises an internal contact surface (60) for the caps, provided with a plurality of steps (60) mutually spaced along an extension of the transport system and arranged to respectively engage the caps accumulated in the collection portion (c. 5, l. 8-19), and
- wherein the channel device comprises a channel (gap between 92 and 93) sized to consecutively receive the caps conveyed by the transport system (see fig. 8),
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 transport system of the cap recruitment system of Pedrazzini with conveyor belt with steps as taught by Leonard in order to provide the predictable result of high speed and accurate transport of the caps (Leonard: c. 1, l. 5-10). This improves the device’s output and efficiency.
Regarding claim 2, as shown in claim 1, the combination of Pedrazzini and Leonard does not teach
the device further comprising a contact wall positioned as a barrier at an end or along said at least one inclined chute, so as to accumulate the caps along said at least one inclined chute and prevent the caps from freely reaching said collection portion of the cap recruitment system, said device further comprising at least one movable element spaced near the contact wall, which can be moved between a lowered position irrelevant regarding caps accumulated against the contact wall, and a raised position able to move caps in contact with the contact wall and allow the caps to cross the contact wall by falling into the collection portion of the cap recruitment system.
Leonard teaches
- a contact wall (44) positioned as a barrier at an end or along said at least one inclined chute (see figs. 2-3), so as to accumulate the caps along said at least one inclined chute and prevent the caps from freely reaching said collection portion of the cap recruitment system (see fig. 2, c. 8, l. 1-24),
- at least one movable element (96) spaced near the contact wall, which can be moved between a lowered position (position shown in fig. 2) irrelevant regarding caps accumulated against the contact wall, and a raised position (c. 8, l. 1-24) able to move caps in contact with the contact wall and allow the caps to cross the contact wall by falling into the collection portion of the cap recruitment system (c. 8, l. 1-24).
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 device of the combination of Pedrazzini and Leonard, as shown in claim 1, with the addition of contact wall and a movable element, at as taught by Leonard in order to provide the predictable result of precisely controlling the number of caps that accumulate at the collection portion in order to prevent overloading of the transport system (Leonard: c. 8, l. 25-39). This makes the device more reliable and reduces the chances of a jam.
Regarding claim 3, as shown in claim 2, the combination of Pedrazzini and Leonard does not teach
a cap presence sensor placed at the collection portion of the cap recruitment system, arranged to discriminate a situation wherein the recruitment system is completely devoid of caps, and send a control signal to raise said at least one movable element.
Leonard teaches
a cap presence sensor (98) placed at the collection portion of the cap recruitment system, arranged to discriminate a situation wherein the recruitment system is completely devoid of caps, and send a control signal to raise said at least one movable element (Leonard: c. 8, l. 25-39).
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 combination of Pedrazzini and Leonard, as shown in claim 2, with the addition of cap presence sensor as taught by Leonard in order to provide the predictable result of allowing automatic operation of the device. This makes the device easier to use as manual monitoring and intervention is not needed.
Regarding claim 5, as shown in claim 1, the combination of Pedrazzini and Leonard teaches
wherein a part of the internal contact surface of the closed loop belt which comes to be in correspondence with a bottom part of a loop formed by the closed loop belt forms itself the collection portion of the cap recruitment system receiving the caps coming from the cap container (Leonard: see fig. 2).
Regarding claim 6, as shown in claim 1, the combination of Pedrazzini and Leonard teaches
wherein the closed loop belt is inclined with respect to the vertical direction orthogonal to a conveyor belt (Pedrazzini: 1) for transporting the containers (Pedrazzini: para 0023).
The combination of Pedrazzini and Leonard teaches the closed loop belt has an inclination (Leonard: see fig. 2 and the curved portions 66 and 69) but does not explicitly state the closed loop belt is inclined with an inclination between 20° and 30°.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the closed loop belt’s inclination to be between 20° and 30°, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to properly engage and hold the caps, involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 7, as shown in claim 1, the combination of Pedrazzini and Leonard teaches
wherein each cap comprises a substantially flat outer surface (Leonard: 71) intended to face outwards when mounted on the respective container, and an inner surface (see fig. 11) with a protruding profile for closure of the container, wherein conformation of said steps and the inclination of the closed loop belt are made to achieve a transport of the caps to the channel device, only if the caps are respectively engaged by a step with the outer surface of the cap resting against the internal contact surface of the belt, so as to carry out a recruitment of the caps only according to a predetermined position of the caps themselves, such that the caps enter the channel device with the outer surface of the cap resting on a first main support surface (Pedrazzini: bottom surface of 12) of the channel (Leonard: c. 5, l. 64-68 and c. 6, l. 1-16, see also c. 6, l. 1-62 for additional details).
Regarding claim 9, as shown in claim 7, the combination of Pedrazzini and Leonard teaches
a second main support surface (Pedrazzini: top surface of 12) opposed to said first main support surface, mutually spaced to contain a row of caps along outer and inner surfaces, and a pair of side walls (Pedrazzini: sidewalls of 12 as shown in fig. 3) to laterally contain said row of caps along a length of the channel (Pedrazzini: para 0031).
Regarding claim 10, as shown in claim 7, the combination of Pedrazzini and Leonard teaches
wherein the channel of the channel device comprises an upper section (Pedrazzini: see annotated fig. 2) substantially parallel to an ascending branch of the closed loop belt for ascent of the caps from the collection portion towards the inlet portion of the channel device (Pedrazzini: see annotated fig. 2), a main section (Pedrazzini: see annotated fig. 2), and a substantially C-shaped curved end section (Pedrazzini: see annotated fig. 2), to offer the caps to the slide with a predetermined orientation having the inner surface resting on a housing of the slide (para 0031).
The combination of Pedrazzini and Leonard teaches the main section has an inclination (Pedrazzini: see annotated fig. 2 and fig. 4) but does not explicitly teach the main section has an inclination between 55.degrees. and 65.degrees.
It would have been obvious to one having ordinary skill in the, before the effective filing date of the invention, to modify the main section’s inclination such that it is between 55.degrees. and 65.degrees., since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges, in order to properly transport the caps through the channel without getting stuck, involves only routine skill in the art. In re Aller, 105 USPQ 233.
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Regarding claim 11, as shown in claim 1, the combination of Pedrazzini and Leonard teaches
wherein the channel device comprises a first cap presence sensor (Pedrazzini: 52) arranged to discriminate a presence of a minimum number of caps in the channel (Pedrazzini: para 0038-0039), in order to ensure that the accumulated row of caps has sufficient weight to guarantee a fall of a successive cap in a direction of the slide when a previous cap has been shifted by the slide (Pedrazzini: para 0038-0039).
Regarding claim 12, as shown in claim 11, the combination of Pedrazzini and Leonard teaches
wherein the channel device comprises a second cap presence sensor (Pedrazzini: 28) arranged to discriminate a situation wherein the channel is full of caps and to send a stop signal to arrest motion of the closed loop belt (Pedrazzini: para 0038, claim 2).
Regarding claim 13, as shown in claim 1, the combination of Pedrazzini and Leonard teaches
A process for closing a plurality of containers of biological material by means of respective caps, comprising the following steps:
- arranging a recruiting and loading device according to claim 1 (see claim 1 above),
- introducing the plurality of caps within said cap container (Pedrazzini: para 0038-0041),
- operating said cap recruitment system to convey the plurality of caps collected within the cap container, along a predetermined direction (Pedrazzini: para 0031),
- accumulating the plurality of caps within said channel (Pedrazzini: para 0031),
- actuating said slide to shift the plurality of caps from the channel device towards a pick up position wherein the plurality of caps can be respectively picked up for application, one by one of a cap of the plurality of cans on a respective container of the plurality of containers without a cap of the plurality of cans being positioned at a working point (Pedrazzini: para 0036, 0040-0041).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Pedrazzini and Leonard in view of USPGP# 20030042112 of Woerner et al. (henceforth Woerner).
Regarding claim 4, as shown in claim 1, the combination of Pedrazzini and Leonard does not teach
wherein the cap container comprises a sensor arranged to discriminate a situation within the cap container wherein a number of caps is lower than a predetermined threshold value, and activate an alert signal regarding a need to introduce additional caps within the cap container.
Woerner teaches
an object container (1, 18) wherein the object container comprises a sensor (18) arranged to discriminate a situation within the object container wherein a number of object is lower than a predetermined threshold value, and activate an alert signal regarding a need to introduce additional object within the object container (para 0029).
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 cap container the combination of Pedrazzini and Leonard with the empty sensor as taught by Woerner in order to provide the predictable result of allowing a continuously supply caps to the cap recruitment system without downtime. This improves the device’s output and efficiency.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Pedrazzini and Leonard in view of USPGP# 20120102878 of Morini et al. (henceforth Morini).
Regarding claim 8, as shown in claim 1, the combination of Pedrazzini and Leonard does not teach
wherein the cap container comprises a first chute on which the caps introduced from the at least one inlet can slide, and a second chute extended below the first chute and inclined in an opposite direction, to receive the caps from the first chute and direct the caps towards said collection portion of the cap recruitment system.
Morini teaches
an object container (103), wherein the object container comprises a first chute (top 105 in fig 1) on which the objects introduced from the at least one inlet can slide, and a second chute (any one of 2nd 105, 107, 109) extended below the first chute and inclined in an opposite direction (see fig. 1), to receive the objects from the first chute and direct the objects towards a collection portion (109) the system.
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 cap container the combination of Pedrazzini and Leonard with the addition of a first and second chute as taught by Morini in order to provide the predictable result of providing smooth transport of the caps inside the cap container and preventing blockage (Morini: para 0044). This improves the device’s reliability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example:
20130318915 of Iskarous et al. also teaches a sensor (para 0074) for detecting caps inside of a channel 26.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A./
Examiner, Art Unit 3731
/ANNA K KINSAUL/Supervisory Patent Examiner, Art Unit 3731