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 § 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 1-6, 10, 12-15, 17, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Ravn (US 3,623,594) in view of Bassani (US 2013/0042943).
Regarding claim 1, Ravn discloses a feeding apparatus (Fig. 1) for feeding closure elements (Fig. 1, item 10) into an environment with restricted access, the feeding apparatus comprises a feeding unit (Fig. 1, item 20), a first vibrating plate (Fig. 1, item 50, 22) and a second vibrating plate (Fig. 1, item 52, 30), wherein the feeding unit is configured to feed the closure elements onto the first vibrating plate (Col. 2, lines 31-65), the first vibrating plate is configured to convey the closure elements during normal operation onto the second vibrating plate (Col. 2, lines 31-65), and the second vibrating plate is configured to arrange the closure elements (Col. 2, lines 31-65) on the second vibrating plate in a defined position (Col. 2, lines 31-65), wherein the feeding apparatus further comprises a discharge apparatus (Fig. 7, item 42, 44) for discharging closure elements (Col. 3, lines 31-56), and wherein at least one of the first vibrating plate or the second vibrating plate is configured to convey the closure elements to the discharge apparatus (Col. 2, lines 31-65).
Rayn does not expressly disclose the first vibrating plate and/or the second vibrating plate is configured to convey the closure elements during special operation to the discharge apparatus.
However, Bassani teaches a feeding apparatus (Bassani, Fig. 1) comprising a vibrating plate (Bassani, Fig. 1, item 14a-14e) configured to convey elements during special operation (Bassani, Para. 0026, special operation occurs when sensing device detects a defective article) to a discharge apparatus (Bassani, Fig. 1, item 20) (Bassani, Para. 0026).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Rayn and Bassani to modify the feeding apparatus of Rayn to include the special operation of Bassani. A person of ordinary skill in the art would have been motivated to make such change in order to effectively and efficiently remove defective items from continued travel through the apparatus (Bassani, Para. 0026).
Regarding claim 2, Ravn discloses the feeding apparatus according to claim 1, wherein the feeding unit is coupleable to a port system (Col. 2, lines 31-65) in order to feed the closure elements (Col. 2, lines 31-65).
Regarding claim 3, Ravn discloses the feeding apparatus according to claim 1, wherein the feeding unit comprises a chute (Fig. 1, item 20) or a tube, via which the closure elements can be fed onto the first vibrating plate.
Regarding claim 4, Ravn discloses the feeding apparatus according to claim 1, wherein the first vibrating plate comprises a first surface (Fig. 1, item 22) for conveying the closure elements (Col. 2, lines 31-65), the closure elements can be fed onto the first surface (Col. 2, lines 31-65) and conveyed on the first surface (Col. 2, lines 31-65), and the first surface is a flat surface (Fig. 1, discharge tray 22 is a flat surface) (Col. 2, lines 31-65).
Regarding claim 5, Ravn discloses the feeding apparatus according to claim 1, wherein the second vibrating plate comprises a second surface (Fig. 1, item 30, 34, 134), the closure elements can be conveyed from the first vibrating plate onto the second surface (Col. 2, lines 31-65) and can be arranged on the second surface in the defined position (Col. 2, lines 31-65), and the second surface comprises studs (Fig. 9, item 134) (Col. 3, line 30-55).
Regarding claim 6, Ravn discloses the feeding apparatus according to claim 1, wherein the feeding apparatus further comprises a control unit (Col. 4, lines 27-51) which is configured to control the first vibrating plate and the second vibrating plate (Col. 2, lines 31-65) (Col. 4, lines 27-51).
Regarding claim 10, Ravn discloses the feeding apparatus according to claim 9, wherein the discharge apparatus comprises a collection container (Fig. 7, item 42, 44) for collecting discharged closure elements (Col. 3, lines 31-56) (Col. 2, lines 31-65).
Regarding claim 12, Ravn discloses the feeding apparatus according to claim 9, wherein the second vibrating plate and the discharge apparatus are arranged on opposite sides of the first vibrating plate (Fig. 7, tray assembly 30 collects caps 10 on the right side of discharge tray 22 while accumulator section 42 collects caps 10 on the left side of discharge tray 22).
Regarding claim 13, Ravn discloses the feeding apparatus according to claim 9, wherein the second vibrating plate and the discharge apparatus are arranged on the same side of the first vibrating plate (Fig. 7, tray assembly 30 and accumulator section 42 are both on the bottom side of the discharge tray 22) or at the same edge region of the first vibrating plate.
Regarding claim 14, Ravn discloses the feeding apparatus according to claim 1, wherein the first vibrating plate is movable relative to the second vibrating plate (Col. 2, lines 31-65, discharge tray 22 is movable via vibration relative to tray assembly 30).
Regarding claim 15, Ravn discloses a barrier system (Fig. 1), wherein the barrier system comprises an environment (Fig. 1) with restricted access (Col. 2, lines 31-65, environment around apparatus is restricted because once caps 10 are distributed in supply 20, user access to caps 10 within the apparatus is limited) and the feeding apparatus according to claim 1, the feeding apparatus is arranged within the environment with restricted access (Col. 2, lines 31-65).
Regarding claim 17, Ravn discloses a method for feeding closure elements (Fig. 1, item 10) (Col. 2, lines 31-65) into an environment with restricted access, wherein a feeding apparatus (Fig. 1) is arranged within the environment with restricted access (Col. 2, lines 31-65), the feeding apparatus comprises a feeding unit (Fig. 1, item 20), a first vibrating plate (Fig. 1, item 50, 22) and a second vibrating plate (Fig. 1, item 52, 30), and a discharge apparatus (Fig. 7, item 42, 44) for discharging closure elements (Col. 3, lines 31-56), the method comprises the steps of:
feeding the closure elements (Col. 2, lines 31-65) by means of the feeding unit onto the first vibrating plate (Col. 2, lines 31-65);
first conveying the closure elements (Col. 2, lines 31-65) during normal operation by means of the first vibrating plate (Col. 2, lines 31-65) onto the second vibrating plate (Col. 2, lines 31-65);
arranging the closure elements (Col. 2, lines 31-65) by means of the second vibrating plate (Col. 2, lines 31-65) on the second vibrating plate in a defined position (Col. 2, lines 31-65); and
conveying the closure elements by means of the first vibrating plate (Col. 3, lines 31-56) (Col. 2, lines 31-65) to a discharge apparatus (Col. 3, lines 31-56) (Col. 2, lines 31-65).
Rayn does not expressly disclose second conveying the closure elements during special operation by means of the first vibrating plate to a discharge apparatus.
However, Bassani teaches a feeding apparatus (Bassani, Fig. 1) comprising a vibrating plate (Bassani, Fig. 1, item 14a-14e) configured to convey elements during special operation (Bassani, Para. 0026, special operation occurs when sensing device detects a defective article) to a discharge apparatus (Bassani, Fig. 1, item 20) (Bassani, Para. 0026).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Rayn and Bassani to modify the feeding apparatus of Rayn to include the special operation of Bassani. A person of ordinary skill in the art would have been motivated to make such change in order to effectively and efficiently remove defective items from continued travel through the apparatus (Bassani, Para. 0026).
Regarding claim 19, Ravn discloses the method according to claim 17, wherein the method further comprises the step of:
lowering the first vibrating plate (Col. 2, lines 31-65) relative to the second vibrating plate (Col. 2, lines 31-65, discharge tray 22 lowers during vibration).
Regarding claim 20, Rayn discloses a feeding apparatus (Fig. 1) for feeding closure elements (Fig. 1, item 10) into an environment with restricted access, the feeding apparatus comprises a feeding unit (Fig. 1, item 20), a first vibrating plate (Fig. 1, item 50, 22) and a second vibrating plate (Fig. 1, item 52, 30), wherein the feeding unit is configured to feed the closure elements onto the first vibrating plate (Col. 2, lines 31-65), the first vibrating plate is configured to convey the closure elements during normal operation onto the second vibrating plate (Col. 2, lines 31-65), and the second vibrating plate is configured to arrange the closure elements (Col. 2, lines 31-65) on the second vibrating plate in a defined position (Col. 2, lines 31-65), wherein the feeding apparatus further comprises a control unit (Col. 4, lines 27-51) which is configured to control the first vibrating plate and the second vibrating plate (Col. 2, lines 31-65) (Col. 4, lines 27-51).
Rayn is silent about the first vibrating plate is movable relative to the second vibrating plate, and the control unit is configured to control the first vibrating plate and/or the second vibrating plate during special operation in such a way that the first vibrating plate is lowered relative to the second vibrating plate.
However, Bassani teaches a feeding apparatus (Bassani, Fig. 1) comprising a first vibrating plate (Bassani, Fig. 1, item 14a-14e) movable relative to a second vibrating plate (Bassani, Fig. 1, item 13a-13e), and a control unit (Bassani, Para. 0100-0108) is configured to control the first vibrating plate and/or the second vibrating plate during special operation (Bassani, Para. 0100-0108, special operation is when the suitable slope of the vibration trays must change in order to efficiently transfer articles) in such a way that the first vibrating plate is lowered relative to the second vibrating plate (Bassani, Para. 0100-0108).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Rayn and Bassani to modify the feeding apparatus of Rayn to include the adjustable vibrating plate of Bassani. A person of ordinary skill in the art would have been motivated to make such change in order to obtain the desired speed of transfer of articles needed depending on specific article characteristics (Bassani, Para. 0091).
Regarding claim 21, Rayn disclos a method for feeding closure elements (Fig. 1, item 10) (Col. 2, lines 31-65) into an environment with restricted access, wherein a feeding apparatus (Fig. 1) is arranged within the environment with restricted access (Col. 2, lines 31-65), the feeding apparatus comprises a feeding unit (Fig. 1, item 20), a first vibrating plate (Fig. 1, item 50, 22) and a second vibrating plate (Fig. 1, item 52, 30), the method comprises the steps of:
feeding the closure elements (Col. 2, lines 31-65) by means of the feeding unit onto the first vibrating plate (Col. 2, lines 31-65);
conveying the closure elements (Col. 2, lines 31-65) during normal operation by means of the first vibrating plate (Col. 2, lines 31-65) onto the second vibrating plate (Col. 2, lines 31-65);
arranging the closure elements (Col. 2, lines 31-65) by means of the second vibrating plate (Col. 2, lines 31-65) on the second vibrating plate in a defined position (Col. 2, lines 31-65).
Rayn is silent about lowering the first vibrating plate relative to the second vibrating plate during special operation.
However, Bassani teaches a feeding apparatus (Bassani, Fig. 1) comprising a first vibrating plate (Bassani, Fig. 1, item 14a-14e) movable relative to a second vibrating plate (Bassani, Fig. 1, item 13a-13e), and a control unit (Bassani, Para. 0100-0108) is configured to control the first vibrating plate and/or the second vibrating plate during special operation (Bassani, Para. 0100-0108, special operation is when the suitable slope of the vibration trays must change in order to efficiently transfer articles) in such a way that the first vibrating plate is lowered relative to the second vibrating plate (Bassani, Para. 0100-0108).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Rayn and Bassani to modify the feeding apparatus of Rayn to include the adjustable vibrating plate of Bassani. A person of ordinary skill in the art would have been motivated to make such change in order to obtain the desired speed of transfer of articles needed depending on specific article characteristics (Bassani, Para. 0091).
Claims 7-8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ravn in view of Bassani in view of Ronchi (US 2022/0380077).
Regarding claim 7, Ravn in view of Bassani is silent about the feeding apparatus according to claim 1, wherein the feeding apparatus further comprises a camera system which is configured to capture at least one image of the closure elements on the second vibrating plate, and the camera system and/or the control unit are configured to determine the position of the closure elements on the second vibrating plate on the basis of the at least one captured image.
However, Ronchi teaches a feeding apparatus (Ronchi, Fig. 1) comprising a camera system (Ronchi, Para. 0120-0127) which is configured to capture at least one image (Ronchi, Para. 0120-0127) of the closure elements (Ronchi, Para. 0120-0127) on a plate (Ronchi, Fig. 2, item 20a), and the camera system and/or the control unit are configured to determine the position (Ronchi, Para. 0120-0127) of the closure elements (Ronchi, Fig. 2, item C) on the plate (Ronchi, Para. 0120-0127) on the basis of the at least one captured image (Ronchi, Para. 0120-0127).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Ravn, Bassani, and Ronchi to modify the feeding apparatus of Ravn in view of Bassani to include the camera system of Ronchi. A person of ordinary skill in the art would have been motivated to make such change in order to make the position information available to the control unit to efficiently and effectively control the operation of the apparatus (Ronchi, Para. 0121).
Regarding claim 8, as combined above, Ronchi teaches the feeding apparatus according to claim 7, wherein the control unit is configured to control the plate (Ronchi, Para. 0120-0127) on the basis of the determined position of the closure elements (Ronchi, Para. 0120-0127) such that at least one of the closure elements is arranged in the defined position (Ronchi, Para. 0120-0127).
Regarding claim 16, Ravn in view of Bassani is silent about the barrier system according to claim 15, wherein the barrier system comprises a closing station for closing containers with the fed closure elements and a handling apparatus for transferring the closure elements from the second vibrating plate to the closing station.
However, Ronchi teaches a barrier system (Ronchi, Fig. 1) comprising a closing station (Ronchi, Fig. 1, item 70) for closing containers with the fed closure elements (Ronchi, Para. 0046-0048) and a handling apparatus (Ronchi, Fig. 1, item 40) for transferring the closure elements (Ronchi, Para. 0046-0048) from the plate to the closing station (Ronchi, Para. 0046-0048).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Ravn, Bassani, and Ronchi to modify the system of Ravn in view of Bassani to include the closing station and handling apparatus of Ronchi. A person of ordinary skill in the art would have been motivated to make such change in order to make the apparatus more versatile regarding variations in the volume and type of production required (Ronchi, Para. 0016).
Response to Arguments
Applicant’s arguments, see page 7, filed 04/15/2026, with respect to the 35 USC 112(b) rejection of claims 7, 8, and 15-16 have been fully considered and are persuasive, as Applicant has amended the claims to overcome the rejection. The 35 USC 112(b) rejection of claims 7, 8, and 15-16 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-8, 10, 12-17, 19-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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