DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to file 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.
Application Status
This office action is in response to the claims filed 11/25/2025.
Claims 1-20 are currently pending and being examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The IDS filed on 11/25/2025 has been considered. See the attached PTO 1449 forms.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“electrical and/or electronic component configured to monitor a treatment module in the treatment chamber” in claim 1, which is being interpreted to encompass lights, cameras and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 7, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claims 6 and 15:
Claims 6 and 15 recite “the transparent delimitation is sealed with respect to the housing part by means of a first elastic element and/or a second elastic element that receive between them a flange region of the transparent delimitation” which is indefinite because while the “and/or” permits a single elastic element to satisfy the claim, the “between them” renders the claim indefinite because it is unclear how a single element can receive a flange region “between them”.
Claim 7 is indefinite for depending from indefinite claim 6.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soncini et al. US 2023/0322539.
Regarding claim 1:
Soncini teaches a container treatment apparatus (1) for treating containers, comprising: a housing part (19) delimiting a treatment chamber (5/6); and an electrical and/or electronic component (31) configured to monitor a treatment module in the treatment chamber (e.g., [0077]), wherein the electrical and/or electronic component is arranged in a component receptacle (29) that projects through the housing part into the treatment chamber and seals the treatment chamber (e.g., [0064], [0093]).
Regarding claim 2:
Soncini teaches the container treatment apparatus of claim 1, as discussed above, wherein the component receptacle comprises a transparent delimitation (39) which defines a receiving volume (32) configured to receive the electrical and/or electronic component ([0076]) and which projects into the treatment chamber to such an extent that a line of sight is formed between the electrical and/or electronic component and the treatment module (see FIG. 2).
Regarding claim 3:
Soncini teaches the container treatment apparatus of claim 2, as discussed above, wherein the transparent delimitation is in the form of a cylinder (see FIG. 3).
Regarding claims 4 and 5:
Soncini teaches the container treatment apparatus of claim 2, as discussed above, wherein the transparent delimitation comprises a transparent, alkali-resistant, acid-resistant, and temperature-resistant material comprising glass ([0075], glass is well-known to be relatively resistant to alkalines, acids, and fluctuating temperatures).
Regarding claims 6 and 7:
Soncini teaches the container treatment apparatus of claim 2, as discussed above, wherein the transparent delimitation is sealed with respect to the housing part by means of a first elastic element comprising a sealing ring (51, [0093]).
Regarding claims 8 and 9:
Soncini teaches the container treatment apparatus of claim 1, as discussed above, wherein the treatment chamber comprises an isolator chamber and the housing part comprises a wall (36/19) of a housing delimiting the isolator chamber ([0074]), wherein the wall comprises a top plate (56) of the housing delimiting the isolator chamber (see FIG. 4).
Regarding claim 10:
Soncini teaches the container treatment apparatus of claim 1, as discussed above, wherein the electrical and/or electronic component comprises a camera (31).
Regarding claim 11:
Soncini teaches the container treatment apparatus of claim 1, as discussed above, wherein the component receptacle comprises a preassembled assembly (e.g., at least 61 appears pre-assembled; the entire receptacle is capable of being pre-assembled).
Regarding claim 12:
Soncini teaches an apparatus (1) for filling containers with a filling product or for closing containers filled with a filling product with a container closure ([0032]), comprising: a housing part (19) delimiting a treatment chamber (5/6); and an electrical and/or electronic component (31) configured to monitor a treatment module in the treatment chamber (e.g., [0077]), wherein: the electrical and/or electronic component is arranged in a component receptacle (29) that projects through the housing part into the treatment chamber and seals the treatment chamber (e.g., [0064], [0093]), and the component receptacle comprises (1) a transparent delimitation (39) that projects into the treatment chamber and provides a receiving volume (32) configured to receive the electrical and/or electronic component ([0076]) and (2) a pivotable holding apparatus (55) configured to hold the electrical and/or electronic component ([0095]).
Regarding claim 13:
Soncini teaches the apparatus of claim 12, as discussed above, wherein the transparent delimitation is in the form of a cylinder (see FIG. 3).
Regarding claim 14:
Soncini teaches the apparatus of claim 12, as discussed above, wherein the transparent delimitation comprises glass ([0075]).
Regarding claims 15 and 16:
Soncini teaches the container treatment apparatus of claim 12, as discussed above, wherein the transparent delimitation is sealed with respect to the housing part by means of a first elastic element comprising a sealing ring (51, [0093]).
Regarding claims 17 and 18:
Soncini teaches the apparatus of claim 12, as discussed above, wherein the treatment chamber comprises an isolator chamber and the housing part comprises a wall (36/19) of a housing delimiting the isolator chamber ([0074]), wherein the wall comprises a top plate (56) of the housing delimiting the isolator chamber (see FIG. 4).
Regarding claim 19:
Soncini teaches the apparatus of claim 12, as discussed above, wherein the electrical and/or electronic component comprises a camera (31).
Regarding claim 20:
Soncini teaches the apparatus of claim 12, as discussed above, wherein the component receptacle comprises a preassembled assembly (e.g., at least 61 appears pre-assembled; the entire receptacle is capable of being pre-assembled).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: for example, see Lin US 6,106,136; Shimansky et al. US 4,245,566; Canty US 4,809,862; and others provided in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIUSH SEIF whose telephone number is (408)918-7542. The examiner can normally be reached Monday-Friday 9:30 AM-6:00 PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANNA KINSAUL can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARIUSH SEIF/Primary Examiner, Art Unit 3731
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