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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/10/2025 has been entered.
Response to Arguments
Applicant's arguments filed 11/10/2025 have been fully considered but they are not persuasive.
Regarding claims 1 and 11, Applicant argues that Talsma does not teach “at least a portion of the drive surface of each transition member is at an angle to the axis of rotation of the drum such that over an infeed distance, the circumferential location of the drive surface of each transition member is advanced by at least a collapsing distance of a corresponding modular belt“ and in the specification of the current application clarifies the “collapse phase” the distance between its individual belt modules of the convey belt needs to change” P0010 and clarified to Figs. 7A, 7b, P0036 and 0038, but does not provide structural language to clarify the claim language. Talsma teaches “FIGS. 23 and 24 show angled ridges at the spiral entrance ends of drive members 222, as in FIGS. 2A and 2B. Instead of being arranged on the drive tower 223 at a fixed angle as in FIGS. 2A and 2B, entrance segments 224 of the drive members are hinged to allow the hinge angle between the entrance segments and the rest of the ridge 226 to be varied. The adjacent intermediate segments 225 of the drive members are fixed. As shown in FIG. 24, the drive tower 223 advances in the direction of arrow 228. The angles (alpha) of the ridges on entrance segments 224 off vertical in planes tangent to the periphery of the drive tower decrease in the direction of rotation of the tower (alpha1<alpha2). The distance d between drive faces 230 of consecutive ridges on the entrance segments is greater when the belt first encounters the drive members at the entrance tangent point and eventually decreases as the belt wraps farther around the drive tower (d.sub.2>d.sub.1). In that way, the expanded inner belt edges entering the spiral are compressed more and more by the hinged ridges as the belt starts its wrap around the drive tower” C8 L55-67; C9 L1-10. Talsma is teaching the compression (collapsing of the belt) meeting the claim limitations.
Then Talsma teaches “One version of a mechanism for adjusting the hinge angle alpha is illustrated in FIG. 25. Consecutive hinged ridges 232, 232′ are each pivotable about a radial axis of the drive tower at an associated pivot point P below the fixed vertical portion of the ridge 226 in this upgoing spiral. The hinged ridges 232, 232′ are each linked to a cam follower 234, such as a roller, by linkages 236. The cam follower rides in or along a cam guide 238 that has a horizontal portion 240 and a sloped portion 241 at the entrance end of the spiral. The guide is fixed and does not rotate with the ridges on the drive members of the drive tower. The hinge angle alpha at any azimuthal position around the periphery depends on the height (distance from the entrance) of the guide 238 at that position: the higher the guide, the greater the hinge angle. The height of the guide is greatest just before the belt B first contacts the drive members as it enters the spiral. The hinged ridge 232′ is angled off vertical so that its hinge angle alpha is a maximum. Because the hinged ridge 232′ is angled off vertical more than the leading hinge ridge 232, the spacing, or distance d, between consecutive contact points with the belt is greater by the distance delta d than if the consecutive hinged ridges were at the same angle as in the fixed segment. This increased distance between contact points better accommodates the expanded inside edge of the belt. As the sloped portion 241 of the guide declines, the hinged ridges pivot forward and compress the inside edge of the belt more and more. A translating mechanism, rather than a pivoting mechanism, that translates the entrance segments circumferentially along the periphery of the drive tower could be used instead to provide the varying spacing between the ridges on consecutive movable entrance segments that smoothes the entry of the belt onto the spiral. At the discharge end of the spiral tower 223, a guide, such as a shoe, one or more rollers, or a rail 242 proximate to the periphery of the drive tower at the discharge strips the positively driven belt B from the drive members 222, as shown in FIG. 26. FIG. 27 shows a cap 231 that fits over a drive member (not shown). A ridge 233 is formed on the cap. The discharge end 235 of the ridge extends radially outward from the drive tower a distance less than that of the lower section of the ridge 233 and includes a chamfered edge 237. A ridge at the discharge that is short or has a chamfered edge helps the belt release from the drive tower. FIGS. 28 and 29 show the operation of a retractable drive-member ridge 244 at the discharge end of a drive tower 246. (For simplicity, only one ridge is shown.) The ridge 244 is pivotally attached to the drive tower at a pivot 248. The ridge normally protrudes perpendicularly outward of the tower. A biasing means, such as a light spring 250 attached at one end to an interior arm 252 of the drive member and at the opposite end to drive-tower structure, tends to pivot the ridge clockwise in FIG. 28 against a stop 254. In this extended state, the ridge extends perpendicularly outward from the tower to positively drive an inside-edge tooth 256 of a belt. When the belt reaches the discharge tangent point at which the belt disengages from the drive members of the drive tower, the belt's inside edge has to expand rapidly. During this expansion, the teeth can pull forward and run into the back of the drive-member ridge 244. The collisions cause loud clicking sounds and could damage the belt or shake the conveyed product. The retractable ridge 244 is pushed forward into a retractable state by a belt-edge tooth 256. The force of the tooth is sufficient to overcome the restraining force of the stretched spring 250 and to pivot the ridge counterclockwise away from the stop 254 as shown in FIG. 29 so that the belt edge can pass by without catching on the ridge” C9 L11-67; C10 L1-10. Talsma also teaches “A spiral conveyor comprising: a rotating cylindrical drive tower having a bottom and a top and an outer periphery extending from the bottom to the top with a belt discharge proximate the bottom for a downgoing spiral or proximate the top for an upgoing spiral; a plurality of parallel drive rails extending in length on the periphery of the drive tower, each having a bottom end and a top end and a ridge projecting radially outward from the bottom end to the top end; a conveyor belt advancing up or down in a conveying direction along a helical conveying path around the outer periphery of the rotating cylindrical drive tower, the conveyor belt including a plurality of rows of belt modules hingedly linked together between consecutive rows along hinge joints defining hinge axes extending perpendicular to the conveying direction from a first side edge of the rows to an opposite second side edge of the rows, wherein the hinge joints have play in the conveying direction to allow the rows to collapse together at the first side edge when the first side edge is at the inside of the helical conveying path, the first side edge including a series of radially or vertically outwardly extending teeth driven positively by the ridges in the conveying direction along the helical conveying path; and a guide having a first end and a second end, wherein the first end is disposed between the top and bottom ends of the drive rails proximate to the outer periphery of the drive tower at the discharge and wherein the second end diverges from the outer periphery of the drive tower for the guide to strip the conveyor belt away from the drive rails of the drive tower” C11 L20-27; C12 L1-25. Applicant argues that Talsma does not teach explicit mathematical relationships and structural configurations, but the claim language as present does not contain explicit mathematical relationships and structural configurations to differentiate from the cited prior art.
Applicant then argues that Talsma does not teach “a helical support around a circumference of the drum, wherein a helix angle of the helical support is such that the helical support extends ¼ to 2 of the circumference of the drum over the infeed distance”. Talsma teaches an angle being the helix angle of the helical support 238 around the circumference of the drum 223. Applicant does not differentiate itself form the cited prior art with distinct structural language and the does not clarify the claim language) for example the helical supports extends ¼ to 2 of the circumference of the drum over the infeed distance what is the numerical value describing or pertaining to). Further, language such as “an angle of the axis of the rotation of the drum” is interpreted as anything from an angle at o degrees to 180 degrees since the angle is not defined as is the case throughout the claim language. Applicant points to P0042 and 0043 which does clarify the helix angle, but it is not clear in the claim language as presented that the angle pertains to the rotations of the drum.
For the foregoing reasons, the claims stand rejected.
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 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.
Claim(s) 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talsma U.S. Patent No. 9,394,109.
Claims 1 and 12, Talsma teaches a spiral conveyer comprising: a rotating cylindrical drum 223 extending from a bottom to a top Fig. 23, and having a transition height where a modular belt B is fully engaged by the drum 223, the drum comprising: a plurality of drive bars 222, each drive bar 222 having a drive side 230 parallel to an axis of rotation of 223 of the drum 223 and extending in length from the transition height to the top of the drum 223 for an upgoing conveyor, or from the transition height to the bottom of the drum 223 for a downgoing conveyor, and wherein the drive bars 222 are spaced apart around a circumference of the drum 223; a plurality of transition members 224 each transition member having a drive surface Fig. 24, wherein at least a portion of the drive surface of 224 of each transition member 224 is at an angle to the axis of rotation of the drum 223 such that over an infeed distance, the circumferential location of the drive surface of each transition member 224 is advanced by at least a collapsing distance of a corresponding modular belt B; wherein at the transition height of the drum 223, the circumferential location of each drive surface of 224 is aligned with a circumferential location of a drive side of a corresponding drive bar 222; and a helical support 238 around a circumference of the drum 223, wherein a helix angle of the helical support 238 is such that the helical support 238 extends 1/4 to 2 of the circumference of the drum 223 over the infeed distance C8 L55-67; C9 L1-45.
Claims 2 and 13, Talsma teaches a plurality of parallel support bars 225, wherein at least one support bar 225 is disposed between each adjacent pair of drive bars 224 around the circumference of the drum 223, and wherein each support bar 225 extends upwards from at least the transition height in an upgoing conveyor and downwards from at least the transition height in a downgoing conveyor Fig. 24.
Claims 3 and 14, Talsma teaches each support bar 225 extends from the corresponding transition member 224 to an outfeed height of the drum 223.
Claim 4, Talsma teaches a modular belt B driven on a helical path around the drum 223 by the plurality of drive bars 224 engaging with a plurality of teeth 256 on an inside edge of the modular belt B.
Claims 5 and 20, Talsma teaches the modular belt B comprises a plurality of belt modules, and wherein each tooth of the plurality of teeth 256 is spaced apart by two or more belt modules C9 L50-67; C10 L1-10.
Claims 6 and 21, Talsma teaches at least one belt module of the two or more belt modules has a pitch different from a pitch of at least one other belt module of the two or more belt modules C6 L30-50.
Claims 7 and 15, Talsma teaches each tooth 256 of the plurality of teeth has a drive face configured to contact a drive side 230 of a drive bar 222.
Claims 8 and 17, Talsma teaches the infeed distance, the modular belt B moves radially inward on the drum 223 and the distance between adjacent teeth 256 decreases.
Claims 9 and 18, Talsma teaches at the transition height, the modular belt B is fully collapsed C12 L5-20.
Claims 10 and 19, Talsma teaches between the transition height and the outfeed height, an inside edge of the modular belt B is in contact with the drive bars 222 and the support bars 225.
Claim 11, Talsma teaches a spiral conveyor comprising: a drum 223 having an outer periphery extending from a bottom to a top with a transition height proximate the bottom for an upgoing spiral or proximate the top for a downgoing spiral, the drum 223 comprising: a plurality of parallel drive bars 222, each drive bar 222 having a drive side 230 extending in length on the periphery of the drum 223 between the transition height and the top of the drum for an upgoing spiral and between the transition height and the bottom of the drum for a downward spiral; a plurality of transition members 224, each transition member 224 having a drive surface of 224 having a length on the periphery of the drum 223, wherein each drive surface of 224 is circumferentially aligned with a corresponding drive side of a drive bar 222 at the transition height, and wherein at least a portion of each drive surface of 224 is at an angle to a rotational axis of the drum 223 such that over an infeed distance C8 L55-67; C9 L1-45, the circumferential location of the drive surface of 224 is advanced by at least a collapsing distance of a modular belt B; and a modular belt B configured to advance up or down in a conveying direction along a helical conveying path around the periphery of the drum 223, the modular belt B having a plurality of teeth 256 spaced apart along a length of the modular belt B on an inside edge, each tooth of the plurality of teeth 256 configured to engage a transition member 224 and a drive bar 222 of the drum 223 C9 L50-67; C10 L1-10.
Claim 16, Talsma teaches each drive face of 222 is at an angle of between 1 and 50, inclusive, with respect to a corresponding drive side 230 of the drive bars 222 Fig. 24.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 KAVEL SINGH whose telephone number is (571)272-2362. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS