DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions. 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 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.
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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giuliani et al. (U.S. P.G. Publication No. 2012/0039692 A1; “Giuliani”).
Giuliani discloses:
Regarding claim 1:
A protective device (7 and supporting structure thereof, see e.g. in FIG. 3; ¶ 32) for a machine (1), comprising:
at least one protective element (11) movable in the vertical direction (¶ 33, “The protection system 7 further comprises at least one individual guide means 12 (FIG. 3) configured to define a movement path of the individual protection panel 11 between a closure position and an opening position thereof and at least one auxiliary positioning means 13 configured to apply an auxiliary force to the individual protection panel, wherein the auxiliary force acts in the direction of the movement path against the force of gravity of the individual protection panel 11” i.e. movable in vertical direction); and
a pneumatic unit (24) connected to the protective element, the pneumatic unit including a pressurizable pneumatic element (¶ 44, “pneumatic cylinder-piston assembly 24”), which is configured to substantially compensate for the weight force of the protective element during a movement along the vertical direction (¶¶ 44-45, “the auxiliary positioning means comprises a pneumatic cylinder-piston assembly 24 and a manually adjustable pressure setting device 25 arranged in a pneumatic feeding duct upstream a first pressure chamber of the pneumatic cylinder-piston assembly 24, thereby enabling manual adjustment of the intensity of the auxiliary force in order to adapt it to the weight of the protection panel 11 and/or to a desired manual force necessary to move the panel 11 from the opening to the closure position and vice versa. The machine operator or the machine installer can manually adjust the pressure setting device 25 to exactly counter-balance the weight of the panel 11, so that manual displacement of the panel 11 requires substantially zero force”).
Regarding claim 2:
The protective device according to claim 1, wherein the pneumatic unit comprises a compressed air supply (¶ 48; FIG. 5A depicts airflow, indicated by arrows, of pressurized air i.e. compressed air), wherein the compressed air supply is designed to apply a gas pressure to the pneumatic element (FIG. 5A depicts airflow, indicated by arrows, of pressurized air i.e. compressed air) which substantially compensates for the weight force of the protective element during an upward movement of the protective element (¶ 49, “counter-balance the weight of the panel 11”).
Regarding claim 3:
The protective device according to claim 2, wherein the compressed air supply comprises an inlet valve (right-hand valve 32 depicted in FIG. 5A), via which, during an upward movement of the protective element, the pressure prevailing in the pneumatic element is increased such that the weight force of the protective element is substantially compensated (depicted in FIG. 5A; ¶ 49, “counter-balance the weight of the panel 11”).
Regarding claim 4:
The protective device according to claim 1, wherein the pneumatic unit comprises a relief valve (right-hand valve 32 in FIG. 5B acts a relief valve) via which excess pressure present in the pneumatic element can be released when the protective element is lowered (FIG. 5B depicts ducts 34 having air flow/pressure directed to the valves 32, see arrows at 34, which can then be exhausted via air exhausts 33 for pressure relief), so that the weight force of the protective element is substantially compensated when the protective element is lowered (¶ 48, recites “FIG. 5 illustrates a possible pneumatic control scheme of the protection system, wherein the additional numerical reference sign 32 denotes a general solenoid valve of the pneumatic circuit and reference signs 33 denote air exhausts” [emphasis]. FIG. 5B reasonably depicts/discloses the “solenoid valve 32” being capable of functioning as a relief valve. That is, FIG. 5B depicts a situation in which the air flow/pressure in duct 35 may be increasing [see direction of arrows] and the air flow/pressure in duct 34 may be decreasing which would result in the lowering of the piston 34 i.e. the lowering of the protective panel. To decrease i.e. “relieve” the air pressure in duct 34, the valve 32 allows for air to be exhausted through exhausts 33 [lines indicating duct 34 are attached to exhausts 33, arrows pointing thereto] and thereby acts as a “relief” valve).
Regarding claim 5:
The protective device according to claim 4, wherein the relief valve is or comprises a pressure control valve (¶ 48, “reference sign 32 denotes a general solenoid valve of the pneumatic circuit”).
Regarding claim 6:
The protective device according to claim 1, wherein the pneumatic unit comprises a check valve (28) in a supply line of the pneumatic element (depicted in FIG. 5A-5B), wherein the check valve is configured to keep a pressure in the pneumatic element constant in the event of a pressure drop in the supply line (¶ 47)
Regarding claim 7:
The protective device according to claim 1, wherein the pneumatic element is connected to the protective element at a connection point (¶ 46; FIG. 2-3 reasonably depicts/discloses the pneumatic element, located at reference numbers 10 and 20, connected to the protective element 11; see MPEP § 2125), and wherein the connection point is arranged in a region along a horizontal extension L of the protective element, wherein the region is arranged between 0.25 L and 0.75 L or between 0.4 L and 0.6 L (¶ 46; FIG. 2-3 reasonably depicts/discloses the pneumatic element, located at reference numbers 10 and 20 connected to the protective element 11 circumferentially midpoint of the protective element 11 i.e. approximately at 0.5 L where L is the circumferential length of the protective element 11; see MPEP § 2125),).
Regarding claim 8:
The protective device according to claim 1, wherein the protective element comprises a locking element (left-hand valve 32 as depicted in FIG. 5B, with which the protective element can be locked in a protective position (when left-hand valve 32 is closed, protective element 11 cannot be moved upward i.e. is locked; ¶ 51).
Regarding claim 9:
The protective device according to claim 1, wherein the protective device comprises a stationary element (8, 9), and wherein the protective element is arranged to be movable relative to the stationary element (protective element 11 can be raised up relative to stationary element 8, 9; ¶ 32-33).
Regarding claim 10:
The protective device according to claim 1, wherein the protective device comprises at least two protective elements (depicted in FIG. 2-3), and wherein an independent pneumatic unit is connected to each protective element (FIG. 5A-5B depicts separate pneumatic units 24 for each protective element 11).
Regarding claim 11:
The protective device according to claim 1, wherein the machine is a container treatment machine (¶ 1, “The present invention relates to container treatment machines,”).
Regarding claim 12:
A container treatment machine for treating containers, the container treatment machine comprising at least one moving component (3, 6; ¶ 29) and a protective device according to claim 1 (see claim 1 above), wherein the protective device is arranged such that in a protective position of the protective element, the moving element is arranged within a region at least partially delimited by the protective device (¶ 32).
Regarding claim 13:
The container treatment machine according to claim 12, wherein the container treatment machine comprises a treatment unit (5) which comprises the at least one moving component (3, 6), and wherein, in the protective position of the protective element, the treatment unit extends at least partially through the protective device (depicted in FIG. 2).
Regarding claim 14:
The container treatment machine according to claim 12, wherein the moving component comprises a carousel, a star wheel, transfer cylinder or a pallet shaft (¶ 29, “The container treatment machine 1 may include a support structure 2, a container moving device 3, e.g. a carousel provided with a plurality of container holding plates, connected to the support structure 2 and configured to carry containers to be treated in an operating space 4 along a container treatment path 5. One or more container treatment aggregates 6 adapted to manipulate the containers, e.g. preform heating stations, labeling stations, filling stations, rinsing stations, container closure stations or auxiliary stations or modules”).
Regarding claim 15:
The container treatment machine according to claim 12, wherein the protective device is firmly connected to a frame of the container treatment machine (8, 9; depicted in FIG. 3).
Regarding claim 16:
The container treatment machine according to claim 12, wherein the containers comprise bottles (¶ 29, “bottle manufacturing machine, labeling machine, filling machine, rinsing machine or closure machine”).
Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive.
Applicant argues that Giuliani does not disclose that its “pneumatic unit . . . is configured to substantially compensate for the weight force of the protective element during a movement along the vertical direction” because said limitation “involves more than static or manual adjustment” that is described in Giuliani i.e. that the weight compensation force “must be adjusted very precisely.” Remarks at 2-3. In response, the features upon which applicant relies (i.e. not a static or manual adjustment e.g. a dynamic or automatic adjustment, and a “precise” adjustment) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Here, Giuliani’s pneumatic unit 24 indeed “compensates” for the weight force “during an upward movement” as claimed insofar as the force exerted by the pneumatic unit 24 is “acts in the direction of the movement path against the force of gravity of the individual protection panel” (¶ 33). As such, Applicant’s argument is not deemed as persuasive.
Applicant argues that Giuliani does not disclose a “relief valve” as recited in claim 4 but rather a “feed” valve. Remarks at 4. In response, the Examiner respectfully disagrees. Paragraph [0048] recites “FIG. 5 illustrates a possible pneumatic control scheme of the protection system, wherein the additional numerical reference sign 32 denotes a general solenoid valve of the pneumatic circuit and reference signs 33 denote air exhausts” (emphasis). FIG. 5B reasonably depicts/discloses the “solenoid valve 32” being capable of functioning as a relief valve. That is, FIG. 5B depicts a situation in which the air flow/pressure in duct 35 may be increasing (see direction of arrows) and the air flow/pressure in duct 34 may be decreasing which would result in the lowering of the piston 34 i.e. the lowering of the protective panel. To decrease i.e. “relieve” the air pressure in duct 34, the valve 32 allows for air to be exhausted through exhausts 33 (lines indicating duct 34 are attached to exhausts 33, arrows pointing thereto) and thereby acts as a “relief” valve. As such, Applicant’s argument is not deemed as persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 extension fee 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 DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor John Olszewski can be reached on (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656
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