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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on 6/16/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-18 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/16/26.
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.
Claims 1-2 and 6-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Litvinov et al. (US 2019/0344557).
Claims 1-2: Litvinov teaches a device, comprising: a carriage system (i.e. claimed modular rack system) (¶ 0098) configured to receive one or more inflatable (i.e. claimed expandable) members (¶ 0105) on one or more mandrels (i.e. claimed elongate rod assemblies) (412) (¶¶ 0083, 0091; Fig. 7, e.g.); and an inking system which applies a visualization feature on each of the inflatable members (¶ 0056).
With respect to the characteristics of the visualization features (i.e. size, shape, similarity between features), apparatus claims cover what a device is, not what a device does. MPEP § 2114. In this case, the inking system of Litvinov is capable of providing markings on the inflatable objects as desired and, therefore, is capable of providing identical markings on each object which have substantially equal line thickness and width.
Claims 6 and 7: Litvinov teaches that the device includes an air manifold on a first end of the mandrel which supplies air to the manifold in order to inflate the object (¶ 0105). This manifold is also capable of supplying air during printing.
Claims 8-14: Litvinov further teaches a drive mechanism coupled to the manifolds which rotates each of the manifolds at identical speeds (¶¶ 0092, 0103), the drive mechanism including gears and belts (¶ 0092).
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.
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.
Claims 3-4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Litvinov in light of Chappa et al. (US 2004/0062875, hereinafter Chappa ‘875).
Claims 3-4 and 15: Litvinov only generally teaches an inking system and does not provide any details on its structure. Chappa ‘875 teaches a coating apparatus for coating rotating objects (Abst.) and explains that the inking system comprises printheads on robotic arms which are configured to move along the rotating objects to provide ink to the objects (¶ 0084). Combining prior art elements according to known methods to yield predictable results is prima facie obvious. MPEP § 2143. Thus, because Litvinov is silent concerning the details of the inking system and because Chappa ‘875 teaches a suitable inking system to mark rotating objects, it would have been obvious to one of ordinary skill at the time of filing to have selected the robotic arm system of Chappa ‘875 in the device of Litvinov with the predictable expectation of success.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Litvinov in light of Chappa (US 2010/0040766, hereinafter Chappa ‘766).
Claim 5: Litvinov fails to teach that the mandrels are connected to the rack at both ends. Chappa ‘766 teaches a coating apparatus which rotates and coats inflatable objects (Abst.) and explains that the mandrel can be mounted to the rack at both ends (Fig. 3) in order to hold the mandrel securely in a horizontal position (Fig. 3; ¶ 0050, e.g.). Combining prior art elements according to known methods to yield predictable results is prima facie obvious. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have included first and second end caps which secured the mandrel at both ends to the rack with the predictable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at (571) 270-1034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712
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