Prosecution Insights
Last updated: September 17, 2026
Application No. 19/109,464

DEVICE AND METHOD FOR SEPARATING PARTS

Non-Final OA §102§103
Filed
Mar 06, 2025
Priority
Sep 08, 2022 — CH CH001041/2022 +1 more
Examiner
JORGENSEN, ABBY A
Art Unit
Tech Center
Assignee
Finatec Holding AG
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
113 granted / 153 resolved
+13.9% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
186
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
35.9%
-4.1% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 153 resolved cases

Office Action

§102 §103
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 . Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The abstract of the disclosure is objected to because: Lines 3 and 6 state "means ", which is considered to be implied language Correction is required. See MPEP 608.01(b). Line 13 states "said ", which is considered to be implied language Correction is required. See MPEP 608.01(b). Improper use of reference characters in parenthesis. Correction is required. See MPEP 608.01(b). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, 5-9, 11, 13-15 and 18-20 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niu (Chinese Patent Application CN214298006U). Regarding Claim 1, Niu teaches a Device for separating parts, comprising a transport apparatus, by means of which the parts to be conveyed are able to be conveyed to, through or out of the device along a transport path in a transport direction, the transport apparatus having at least one transport means for transporting the parts in one row and an accumulation section ,(Figure 1: Parts on belt 5, wherein parts accumulate behind distributing mechanism 1)a blocking assembly comprising at least one blocking element which is in the form of a rocker and the length of which extends in the transport direction , which blocking element defines a range of action W for the parts, (Figure 3: Block 104 of distributing mechanism 1)wherein the device further comprises an actuator, the actuator being set up to pivot the at least one blocking element into a first position in which a part advancing into the range of action W is held back, and to pivot said at least one blocking element from the first position into a second position in which the advancing part is able to be received within the range of action W.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105). Regarding Claim 2, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the device further comprises a control unit, which is set up to switch the actuator into a definable work cycle.(Page 4, paragraph 2: "The material distributing cylinder 102 in this embodiment intermittently extends according to the fixed time interval under the action of the electric control system, so that the distributing mechanism 1 uniformly spaced bearing inner ring 2. the cylinder telescopic control system is a method are the existing conventional technology, the specification will not be repeated here.") Regarding Claim 5, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the actuator is set up to bring about magnetically or mechanically a pivoting of the at least one blocking element of the blocking assembly.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105) Regarding Claim 6, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the actuator is set up to bring about a rotation of a rotation axis of the at least one blocking element of the blocking assembly.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105) Regarding Claim 7, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the actuator is switchable in order to hold the at least one blocking element of the blocking assembly in the first position during an adjustable holding time, the transportation of the parts by the device being stopped.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105) Regarding Claim 8, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the actuator is switchable in order to hold the at least one blocking element of the blocking assembly in the second position during an adjustable holding time, whereby a part received in the range of action (W) of the blocking assembly is held fast.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105) Regarding Claim 9, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the actuator is switchable in order to adjust a spacing between successive parts after the device.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105 which adjusts spacing between parts) Regarding Claim 11, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the transport apparatus comprises at least one transport means designed as a conveyor belt.(Figure 3: Conveyor belt 5) Regarding Claim 13, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the parts in the accumulation section are able to be transported actively by means of compressed air or conveyor belt.(Figure 3: Conveyor belt 5) Regarding Claim 14, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein the at least one blocking element is able to be arranged and/or designed in such a way that they are so as to be able to be brought into engagement with high parts.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105) Regarding Claim 15, Niu teaches device for separating parts according to claim 1, as seen above. Niu further teaches wherein bearing means are arranged on contact surfaces between the at least one blocking element and part.(Page 4, Paragraph 3: "As shown in FIG. 2, the detecting mechanism 6 comprises a fixed on the conveying belt 5 frame of the material bracket 609 and the material bracket 609 on the pointer 602 and inductive switch 608. The material reverse bracket 609 is fixed on the frame of the conveyer belt 5 and is opposite to the position of the detection bit 3. the middle part of the pointer 602 is fixed on the first rotating shaft 601 rotatably arranged on the material bracket 609, the first rotating shaft 601 and the pointer 602 is provided with a deep groove ball bearing, the pointer 602 can be flexibly rotated by the first rotating shaft 601 under the action of the external force. the front end of the pointer 602 points to the conveying belt 5 direction, and the front end of the pointer 602 is overlapped with the moving track of the large end of the bearing inner ring 2 located in the detecting position 3 of the bearing inner ring 2 distributed downwards. so as to make the bearing in the detection position 3 after being released, if the big end is distributed downwards, then the large end dial pointer 602 front end causes the pointer 602 to rotate; If the large end of the bearing inner ring 2 is upward and the small end is downward, the height difference between the big end and the pointer 602 is not connected with the front end contact the pointer 602 because of the height difference between the big end and the pointer 602, and the pointer 602 cannot be rotated. the sensing switch 608 is set on the rotating track of the end of the pointer 602, when the pointer 602 is rotated by the bearing inner ring 2 of the big end downwards, the tail end of the touch sensing switch 608. Therefore, according to the induction signal state of the induction switch 608 when the bearing inner ring 2 is released, the attitude thereof is accurately judged.") Regarding Claim 18, Niu teaches a Method for separating parts, comprising a) transporting parts along a transport path by means of a transport apparatus, whereby the parts are able to be arranged in a single row and adjacent to one another along an accumulation section in front of the device,(Figure 1: Parts on belt 5, wherein parts accumulate behind distributing mechanism 1)b) pivoting of a blocking element in the form of a rocker into a first position by means of an actuator , which blocking element extends with a length along the transport direction and defines a range of action (W) for the parts, whereby a part is prevented from entering the range of action (W),(Figure 3: Block 104 of distributing mechanism 1)c) pivoting of the blocking element, which is designed in the manner of a rocker, into a second position by means of the actuator, in which the part can be received in the range of action (W), and) pivoting the blocking element designed in the form of a rocker into the first position, whereby the part is released in the transport direction.(Figures 3-4: Shows how Cylinder 102 pivots to block and unblock parts in the arc groove 105). Regarding Claim 19, Niu teaches method for separating parts according to claim 18, as seen above. Niu further teaches comprising between the steps a) and b) or between the steps b) and c) an adjustable stop period, the length of which is able to be determined by the actuator.(Page 4, paragraph 2: "The material distributing cylinder 102 in this embodiment intermittently extends according to the fixed time interval under the action of the electric control system, so that the distributing mechanism 1 uniformly spaced bearing inner ring 2. the cylinder telescopic control system is a method are the existing conventional technology, the specification will not be repeated here.") Regarding Claim 20, Niu teaches method for separating parts according to claim 18, as seen above. Niu further teaches wherein before or during the separation an optical and/or electrical testing of the parts that are at a standstill is able to be carried out by means of a testing device.(Page 3, Paragraph 3: "The utility model comprises a material distributing mechanism for blocking the inner ring of the bearing on the conveying belt and releasing one by one; the other side of the conveying belt is further provided with a detecting mechanism matched with the material distributing mechanism for detecting the posture of the bearing inner ring in the released row one by one; all the bearing inner rings are arranged behind the row; according to its own posture difference is guided by the first baffle plate or the second baffle plate; the first feeding baffle plate or the second feeding baffle plate into the guide groove is corrected to the uniform posture. Therefore, the utility model can automatically select the size end face of the inner ring of the conical cylindrical deep groove ball bearing, saves the processing time, reduces the influence of the outer ring on the machine tool."). Claim Rejections - 35 USC § 103 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 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 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Niu (Chinese Patent Application CN214298006U) in view of Wang (Chinese Patent Application CN112499224B). Claims 10, 12, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Niu (Chinese Patent Application CN214298006U) in view of Rick (German Patent Application DE102013014473B4). Regarding Claim 3, Niu discloses device for separating parts according to claim 1, as seen above. However, Niu does not disclose wherein the blocking assembly comprises, disposed laterally with respect to the transport path, a first blocking element and an oppositely positioned second blocking element, which are able to be actuated synchronously by the actuator. Wang discloses a similar device for separating parts wherein the blocking assembly comprises, disposed laterally with respect to the transport path, a first blocking element and an oppositely positioned second blocking element, which are able to be actuated synchronously by the actuator.(Page 5, Paragraph 1: "Referring to FIG. 4 to FIG. 6, the bottle separating area 12 of the two sides of the baffle 16 are provided with an opening 161, the opening 161 is provided with a bottle separating mechanism 3, bottle separating mechanism 3 comprises a stopper 31, the bottom of the stopper 31 is fixedly connected with the rotating shaft 32, the bottom of the rotating shaft 32 is rotatably connected with the base 34; the base 34 and the stopper 31 is provided with a first gear 33; the first gear 33 is fixedly connected with the rotating shaft 32; the first gear 33 is engaged with the second gear 36; the second gear 36 is a fan-shaped gear; the bottom of the second gear 36 is fixedly connected with the output shaft of the first motor 35; the first motor 35 is fixedly connected on the base 34. the second gear 36 each turn a ring can drive the first gear 33 to rotate 90 degrees, so as to drive the stopper 31 to rotate 90 degrees, and realizing intermittent rotation of the stopper 31; two bottle separating mechanism 3 located at the two sides of the bottle separating area 12; two baffle 31 synchronously rotate; two baffle 31 each synchronously rotate, allowing one ink bottle 7 to pass through, at the same time, it will block the next ink bottle 7; the conveying buffer area 11 continuously enters the ink bottle 7 one of the interval into the conveying transition area 13, initially realizing the interval conveying of the ink bottle."). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to have modified Niu to include the blocking assembly as taught by Wang. The motivation for the modification would have been to allow for a conveying device with a simple structure, reliable design, flexible matching and ensures stable conveying of objects (Page 4, Paragraph 3). Regarding Claim 4, Niu in view of Wang discloses device for separating parts according to claim 3, as seen above. Wang further discloses wherein an opening width between the first blocking element and the second blocking element is adaptable to a diameter of the parts.(Figure 1: Bottle separating mechanism 3). Regarding Claim 10, Niu discloses device for separating parts according to claim 1, as seen above. However, Niu does not disclose wherein a sensor is included in order to determine the number of parts conveyed through the device. Rick discloses a similar device for separating parts wherein a sensor is included in order to determine the number of parts conveyed through the device.(Page 4, Paragraph 4: "By recording the movement of the conveyor belts ( 11 , 12th ) as well as the star wheel ( 2 ), for example with the help of pulse generators or other suitable sensors ( 6th , 15) on the shaft axes ( 5 , 14th ) the spatial position of a vessel ( 3 ) can be determined if the original position is known at a certain point in time.", wherein a suitable sensor can be a counting sensor). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to have modified Niu to include the sensor as taught by Rick. The motivation for the modification would have been to allow for a controlled transportation of vessels with proper tracking and testing of vessels (Page 2, Paragraph 5). Regarding Claim 12, Niu discloses device for separating parts according to claim 1, as seen above. However, Niu does not disclose wherein the conveyor belt is a vacuum conveyor. Rick discloses a similar device for separating parts wherein the conveyor belt is a vacuum conveyor.(Page 3, Paragraph 3: "In an advantageous embodiment of the invention, a suction device is arranged in the intermediate space, set up to suck off the air between the conveyor belts. By sucking off the air between the conveyor belts, the contact pressure of a vessel on the conveyor belts can be increased, so that even if forces act on the vessel during transport, the static friction force dominates and the relative position of the vessel on the conveyor belt does not change.") It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to have modified Niu to include the vacuum as taught by Rick. The motivation for the modification would have been to allow for a controlled transportation of vessels with proper tracking and testing of vessels (Page 2, Paragraph 5). Regarding Claim 16, Niu discloses device for separating parts according to claim 1, as seen above. However, Niu does not disclose comprising a testing device in order to inspect parts which are at a standstill for defects by means of an optical and/or electrical test, the test being carried out in the work cycle of the pivoting movement of the at least one blocking element. Rick discloses a similar device for separating parts comprising a testing device in order to inspect parts which are at a standstill for defects by means of an optical and/or electrical test, the test being carried out in the work cycle of the pivoting movement of the at least one blocking element.(Page 4, Paragraph 4: "By recording the movement of the conveyor belts ( 11 , 12th ) as well as the star wheel ( 2 ), for example with the help of pulse generators or other suitable sensors ( 6th , 15) on the shaft axes ( 5 , 14th ) the spatial position of a vessel ( 3 ) can be determined if the original position is known at a certain point in time.") It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to have modified Niu to include the testing device as taught by Rick. The motivation for the modification would have been to allow for a controlled transportation of vessels with proper tracking and testing of vessels (Page 2, Paragraph 5). Regarding Claim 17, Niu in view of Rick discloses device for separating parts according to claim 16, as seen above. Rick further discloses wherein the testing device for an optical test comprises an image recording and/or for an electrical test a high-voltage device.(Page 4, Paragraph 4: "By recording the movement of the conveyor belts ( 11 , 12th ) as well as the star wheel ( 2 ), for example with the help of pulse generators or other suitable sensors ( 6th , 15) on the shaft axes ( 5 , 14th ) the spatial position of a vessel ( 3 ) can be determined if the original position is known at a certain point in time."). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. United States Patent Application US 2014/0231219A1 (Matsumoto, Bungo): Matsumoto discloses a similar apparatus and method for stopping comprising a swing unit, pivot shafts, abutment and retracted positions and conveyor as seen in Figure 1. United States Patent Application US 2024/0367919 A1 (Lundgren, Tomas): Lundgren discloses a similar stop device comprising a housing, actuator element, stop surface, electric motor, stop and bypass positions and a conveyor as seen in Figure 8a. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABBY A JORGENSEN/Examiner, Art Unit 3651
Read full office action

Prosecution Timeline

Mar 06, 2025
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
88%
With Interview (+14.4%)
2y 5m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 153 resolved cases by this examiner. Grant probability derived from career allowance rate.

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