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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Dijkstra et al (WO 2016/080886).
Dijkstra discloses an applicator arrangement comprising: a label applicator (4) configured to apply a label (1) to an object (2); and a label holder (3) configured to hold the first label (1), wherein the label holder (3) comprises an opening (12); wherein at least part of the label applicator (4) is configured to: pass through the opening (12) of the label holder in a first direction (F); so as to touch the label (1) held by the tape holder when the label extends at least partly over the opening (12) ; apply the label (1) to the object (2); and to pass through the opening (12) in a second direction that is opposite to the first direction. The label applicator plate or holder 3 is provided with built-in suction ducts arranged to mediate vacuum to downwardly facing suction nozzles 10 for arresting labels,
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.
Claim(s) 2-3, 5-10, 12, 14-19, 21-27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Dijkstra et al (WO 2016/080886) as described above.
It is the examiner’s position that aspects of the conveyor and the control unit recited are within the purview of one having ordinary skill in the art. Therefore, it would have been obvious to one having ordinary skill in the art to employ such aspects of the conveyor and control system in the system and method of Dijkstra in order to provide the predictable result of facilitating application of the labels to objects.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/ Primary Examiner, Art Unit 1745
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