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 .
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.
Claims 1-8, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoehn et al. (EP 2308659).
With respect to claim 1, a processing station (1) for conveying and processing discrete products (2) in a product stream, wherein the processing station (1) extends in a conveying direction (F), a transverse direction (24) orthogonal thereto and a height direction orthogonal to these two directions, and wherein the processing station (1) has a base body (note: the base body is the element that attaches the processing station to the floor, Figure 1) that is positioned in a fixed position on a frame in regular operation,
A) wherein the processing station comprises a processing unit (10), which in turn comprises a conveyor unit (4), at least one processing means (30) and at least one at least one auxiliary element (8, 20, 22, 24, 26) associated with the at least one processing means (Figure 1),
B) wherein the conveyor unit (4) is designed to transport products (2) in the conveying direction (F) along a conveying plane formed by the conveying unit (4),
C) wherein the processing means (10, 11) is designed to process a product (2) while the product is being conveyed or temporarily stopped by the conveying unit (4), and wherein the processing is carried out using the auxiliary element (8, 20, 22, 24, 26) assigned to the respective processing means (10, 11),
D) the at least one auxiliary element (8, 20, 22, 24, 26) and the at least one processing means (10, 11) each extend at least partially above the conveying plane (Figure 1), and
E) the at least one processing means (10, 11) and the at least one auxiliary element (8, 20, 22, 24, 26) associated therewith for processing the product (2)
e1) fixed to the processing unit (10, 11) on two sides of a product (2) conveyed by the conveyor unit (4) which sides are opposite one another in the transverse direction (Figure 2), and
e2) displaceable together with the conveyor unit (4) and relative to the base body (note: the base body is the element that attaches the processing station to the floor) in the transverse direction (20, 22, Figure 2, Paragraphs 0014, 0029, 0030) in order to receive a product (2) to be fed to the processing unit (10, 11) at a predeterminable Y-position of the conveying plane or the conveyor unit (4) and to convey that product through an area between the auxiliary element (8, 20, 22, 24, 26) and the processing means (10, Paragraphs 0014, 0016, 0030).
With respect to claim 2, Hoehn et al. teaches a feed unit (8), which is stationary in regular operation and arranged upstream of the processing unit (10, 11, Figure 1), designed to convey products (2) that are conveyed lying on the feed unit (8) in the conveying direction (F) and feed them to the conveyor unit (4) of the processing unit (10).
With respect to claim 3, Hoehn et al. teaches the processing unit (10, 11) is carried by an automatically or manually operated guide (2, 20, 22, 24, 26) that is connected to the base body (note: the base body is the element that attaches the processing station to the floor), which enables the relative movement of the processing unit in the transverse direction (refer to claim objection above).
With respect to claim 4, Hoehn et al. teaches wherein the at least one processing means (30) is designed as
a) a marking unit (34), as a printing unit, in order to print on a side surface of a product (2), or
b) an inspection unit, in order to detect
b1) a feature characterizing the product (2), a marking applied to the product (2), or
b2) a product property that can be detected using detection means, inhomogeneity or a foreign body.
With respect to claim 5, Hoehn et al. teaches the at least on auxiliary element is designed as a
a) a guide element having a guide face (2, 20, 22, 4, 25) in order to guide product (2) conveyed on the conveying plane along a guide face in the transverse direction at a defined position (Figure 2) or b) light shield or background lighting, or as a radiation source.
With respect to claim 6, Hoehn et al. teaches at least one auxiliary element comprises a further processing means according to claim 4 (Paragraph 0018).
With respect to claim 7, Hoehn et al. teaches wherein at least one processing means (10) and/or one auxiliary means is manually or automatically adjustable and fixable in the transverse direction (Paragraphs 0029-0033) or the height direction in order to be able to guide or process products of different widths or heights.
With respect to claim 8, Hoehn et al. teaches wherein a) housing at least partially encasing the at least one processing unit or b) a control (0028) and/or evaluation unit or display unit or control cabinet predominantly associated with the at least one processing unit (10, 11) is/are connected to the base body (note: the base body is the element that attaches the processing station to the floor) in a stationary manner.
With respect to claim 13, Hoehn et al. teaches the processing unit (10, 11) is carried by an automatically or manually operated linear guide (2, 20, 22, 24, 26) that is connected to the base body (note: the base body is the element that attaches the processing station to the floor), which enables the relative movement of the processing unit (10, 11) in the transverse direction (26).
With respect to claim 14, Hoehn et al. teaches the marking unit (34), as a printing unit, prints on a side surface facing away from the auxiliary element (8, 20, 22, 24, 26).
Allowable Subject Matter
Claims 9-12 and 15 are 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.
Response to Arguments
Applicant's arguments filed 12/29/25 have been fully considered but they are not persuasive.
With respect to applicant’s argument’s that “Hoehn does not disclose a fixed base body and a conveyor displaceable relative to the base body in the transverse direction for the purpose disclosed in the application”, the examiner disagrees. Hoehn would obviously provide a base body to mount/attach the processing station to the floor otherwise the processing station would not be properly mounted and would be floating. Additionally, as disclosed above and in Paragraphs 0014, 0029, 0030 in Hoehn there is disclosed an element that displaces the unit in a transverse direction. Therefore, the examiner is not persuaded of any error in the above rejections and it is examiner’s position that Hoehn thereby meets the claim language.
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 MARISSA LIANA FERGUSON SAMRETH whose telephone number is (571)272-2163. The examiner can normally be reached M-F 8 a.m.-5 p.m.
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/Marissa Ferguson-Samreth/Examiner, Art Unit 2853
/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852