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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12257520. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claim limitations claimed by instant invention are being disclosed by claims 1-20 of U.S. Patent No. 12257520.
Claim Rejections - 35 USC § 102
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by STOCKSCHLÄDER et al. [DE102018209174], hereinafter STOCKSCHLÄDER .
Regarding claim 1, STOCKSCHLÄDER discloses a system, comprising:
a passenger compartment comprising a first compartment connector (Fig. 1, “a first coupling device 2.1”) and a second compartment connector (Fig. 1, “a second coupling device 2.2”), the second compartment connector configured to engage with a first support structure connector of a first support structure (Fig. 1, “mobile carriage 6, which has a second counter-coupling device 5.2 configured to interact with the second coupling device 2.2”);
an arm member configured to be engaged with the first compartment connector of the passenger compartment (Fig. 1, “at least one robot arm 4 which has a first counter-coupling device 5.1 configured to interact with the first coupling device 2.1”); and
a controller in communication with the arm member ([0017], “The robot arm can be coupled to the gondola by the robot arm actively performing a corresponding movement, in particular automatically controlled by a robot controller and its motors or drives, in order to couple to the gondola”);
wherein the arm member, upon direction from the controller, is engageable with the first compartment connector (Fig. 1), and, when the second compartment connector is uncoupled from the first support structure connector (Fig. 2), the arm member is configured to position the passenger compartment adjacent to a second support structure having a second support structure connector (Fig. 3), the second compartment connector configured to engage the second support structure connector ([0008], “the at least one gondola can be safely and automatically transferred back and forth between the at least one robot arm and the at least one mobile carriage.” [0036], “In the illustrated embodiments, the ride has a transfer station 7 which, on the one hand, is positioned within reach of the robot arm 4 such that the first counter-coupling device 5.1 of the robot arm 4 can couple to the first coupling device 2.1 of the gondola 1 when the gondola 1 is inside the transfer station 7, and which, on the other hand, is positioned within reach of the first mobile carriage 6 such that the second counter-coupling device 5.2 of the first mobile carriage 6 can couple to the second coupling device 2.2 of the gondola 1 when the gondola 1 is inside the transfer station 7” and Fig. 5, [0042], “The first mobile carriage 6 is movable on rails 13 of a second track 12” --- as shown in Fig. 5, there are multiple mobile carriage 6 on rails 13 of a second track 12. So another carriage 6 is being interpreted as “second support structure”).
Regarding claim 2, STOCKSCHLÄDER discloses the system of claim 1, wherein the arm member, upon direction from the controller, is configured to disconnect from the first compartment connector responsive to the second compartment connector engaging the second support structure connector ([0037], “The first locking means interact with the second locking means in such a way that the first locking means can only be released when the second locking means are locked, such that the second coupling device 2.2 is connected to the second counter-coupling device 5.2 of the first mobile carriage 6, so that the gondola 1 is attached to the first mobile carriage 6” and [0038], “The figure shows an electronic safety control 8 configured to automatically monitor the locking state and/or the unlocking state of the first coupling arrangement and the second coupling arrangement, in particular by means of electrical sensors, especially in a redundant and/or diverse design of the electrical sensors”).
Regarding claim 3, STOCKSCHLÄDER discloses the system of claim 1, wherein the first support structure connector and the second support structure connector are part of a first ride system (Fig. 1, “a first counter-coupling device 5.1 and a second counter-coupling device 5.2” and [0036], “the ride has a transfer station 7 which, on the one hand, is positioned within reach of the robot arm 4 such that the first counter-coupling device 5.1 of the robot arm 4 can couple to the first coupling device 2.1 of the gondola 1 when the gondola 1 is inside the transfer station 7”).
Regarding claim 4, STOCKSCHLÄDER discloses the system of claim 1, wherein the first support structure connector is part of a first ride system and the second support structure connector is part of a second ride system (Fig. 1, “a first counter-coupling device 5.1 and a second counter-coupling device 5.2” and Fig. 5, [0040], “The at least one robot arm 4 is arranged on a second mobile carriage 9 and the at least one robot arm 4 together with the second mobile carriage 9 is designed to be mobile”).
Regarding claim 5, STOCKSCHLÄDER discloses the system of claim 1, wherein the arm member includes a communication component communicably coupled to the controller, the communication component configured to detect a secure connection of the arm member to the second compartment connector ([0030], “The driving control device can be connected to a corresponding robot control system for automatically controlling at least one robot arm. The driving control device can be combined with the robot control in a common control unit” and [0019], “The locking state and/or unlocking state of the first coupling arrangement and the second coupling arrangement can be automatically monitored by sensors, in particular in redundant and/or diverse configurations of the sensors”).
Regarding claim 6, STOCKSCHLÄDER discloses the system of claim 1, further comprising a sensor device communicably coupled to the controller, the sensor device configured to generate sensor data related to an environment of the system ([0019], “The locking state and/or unlocking state of the first coupling arrangement and the second coupling arrangement can be automatically monitored by sensors, in particular in redundant and/or diverse configurations of the sensors”).
Regarding claim 7, STOCKSCHLÄDER discloses the system of claim 6, wherein the sensor data includes a location of the second support structure connector, and the controller is configured to receive the sensor data to control a movement of the arm member to the second support structure connector ([0038], “The figure shows an electronic safety control 8 configured to automatically monitor the locking state and/or the unlocking state of the first coupling arrangement and the second coupling arrangement, in particular by means of electrical sensors, especially in a redundant and/or diverse design of the electrical sensors”).
Regarding claim 8, STOCKSCHLÄDER discloses the system of claim 1, further comprising a hub structure coupled to the arm member and a plurality of second arm members, wherein the controller is communicatively coupled to the hub structure to control operation of the hub structure ([0021], “In a special embodiment of the ride, at least one robot arm can be arranged in a stationary position”).
Regarding claim 9, STOCKSCHLÄDER discloses the system of claim 8, further comprising a second passenger compartment coupled to a third support structure, the second passenger compartment including a third compartment connector, wherein the controller is configured to control the third support structure to move the second passenger compartment towards the hub structure and the third compartment connector is configured to engage one of the plurality of second arm members (Fig. 5, multiple passenger compartments (gondola 1) and multiple support structures (mobile carriage 6) and multiple arm members (robot arm 4)).
Regarding claim 10, STOCKSCHLÄDER discloses the system of claim 1, wherein the arm member is a robotic arm and comprises a robotic arm connector configured to engage the first compartment connector (Fig. 1, “at least one robot arm 4 which has a first counter-coupling device 5.1 configured to interact with the first coupling device 2.1”).
Regarding claim 11, STOCKSCHLÄDER discloses the system of claim 1, wherein the first support structure connector is coupled to a moveable platform or stationary platform (Fig. 1, “mobile carriage 6, which has a second counter-coupling device 5.2 configured to interact with the second coupling device 2.2”).
Regarding claim 12, STOCKSCHLÄDER discloses the system of claim 1, further comprising a second arm member communicatively coupled to the controller, the second arm member different than the arm member, wherein the controller is configured to control movement and connection of the second arm member to a second passenger compartment (Fig. 5, [0040], “The at least one robot arm 4 is arranged on a second mobile carriage 9 and the at least one robot arm 4 together with the second mobile carriage 9 is designed to be mobile”).
Regarding claims 13-20, please refer to the claim rejections of claims 1-12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YINGCHUAN ZHANG whose telephone number is (571)272-1375. The examiner can normally be reached 8:00 - 4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YINGCHUAN ZHANG/Primary Examiner, Art Unit 3711
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