Holmes' verification is downstream, not an upstream station feeding the winding platform (claim 10)
Mischaracterized referenceClaim 10Claim 11Claim 12Claim 13Claim 14Claim 15Rebuts: §103 rejection of claims 10, 11, 12, 13, 14, 15
feeding a leading end of the strip of pouches from the automated inspection station along a platform and between two generally horizontal pins
Holmes (fully grounded) expressly places its verification system DOWNSTREAM of the dispenser and describes it monitoring pouches as they are spooled onto the take-up roll or dispensed — i.e., at or after roll formation — not as an upstream station that feeds a strip INTO a separate winding platform. Kim 2013's introduction plate feeds the strip from the body to the winding unit, not from an inspection station. Claim 10 requires inspection FIRST (step a) and then feeding the strip FROM the automated inspection station to the winding pins, which neither grounded reference discloses in that ordered arrangement. For counsel to weigh whether the examiner's statement that the modified device 'would readily feed the strip of pouches from the inspection station... to the platform' is a disclosed arrangement or an unsupported assertion supplied only by hindsight (this overlaps with OA3's flag that the positional relationship 'appears to be assertion rather than a disclosed arrangement').
- Holmes claim 2: 'The automatic packager of claim 1 , wherein the verification system is provided downstream of the dispenser.'
- Holmes description: 'The verification system 200 provides a final check of the filled pouches before the pouches are distributed. The verification system 200 is provided downstream of the dispenser (that is, the manifold 150 and the receptacle 160)...'
- Kim Technical Solution: 'The drug package introducing unit comprises an introduction plate extending from one side of the body to the drug package winding unit to link the one side of the body with the drug package winding unit'
- Office action: '...as the modification readily leads one to incorporate an inspection station in a packaging section (to form "P" of Kim; as taught by Holmes) upstream of the winding apparatus (1) of Kim.'
⚠ Risk The examiner will likely respond that relocating an inspection station upstream of winding is a predictable rearrangement and that Holmes' inspection concept is not tied to a specific location. Prosecution-history-estoppel caution: arguing the invention requires inspection strictly upstream of and feeding into the winding platform characterizes the claim in a way that may narrow scope in the file wrapper.
Likely examiner response◐ survives — moderate
The rejection is a §103 combination, so a single reference need not show inspection-then-feed arranged as in claim 10; under KSR / MPEP § 2143 bodily incorporation of Holmes into Kim is not required. Kim 2013 already supplies the introduction plate that feeds the strip to the winding unit, and Holmes supplies an inspection of the filled/sealed pouches before they are distributed. An examiner can articulate that a PHOSITA integrating Holmes' pre-distribution verification into Kim's line would position the inspection before the winding stage — so that the same introduction-plate feed Kim already discloses becomes a feed 'from' the inspection station. Holmes' label 'downstream of the dispenser' does not foreclose being upstream of the winding platform; those describe two different reference points, and the ordered claim language (inspect, then feed) can be met by the combined architecture rather than by either reference alone.
How to adjust The live gap is the ARTICULATED reasoning for the specific ordered arrangement — inspect each pouch first, then feed the strip out of the inspection station into the winding platform — not the mere absence of the arrangement in one reference (attacking references singly is a losing posture per MPEP § 2145). Press that the OA's statement the modified device 'would readily feed the strip... to platform 11' is a bare conclusion lacking a rational underpinning (MPEP § 2143.01), and that placing inspection upstream of winding may change Holmes' principle of operation (its verification is a final check before distribution). If the examiner can supply a clean quality-control motivation for inspect-before-wind, consider an amendment tightening the 'from the inspection station' feed geometry to a structurally distinct upstream station.