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 .
Response to Arguments
The previous rejections under 35 U.S.C. 103 are withdrawn.
The previous rejections under 35 U.S.C. 112(b) are withdrawn. However, new rejections under 35 U.S.C. 112(b) follow below.
An attempt was made on March 24th, 2026, to receive permission for an examiner’s amendment to place the application in immediate condition for allowance. However, F. Paul Vellano III was not able to grant permission for the examiner’s amendment.
Claim Objections
Claim 19 is objected to.
Claim 19 recites “wherein the connections between the at least one actuator and the at least one feeder comprise quick release connections.” In lines 2-3.
This should be amended as “wherein the connections between each actuator and each of the feeders comprise quick release connections.” or similar for consistency with amended claim 5 (see claim 5, line 30).
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 2-3 and 5-19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites: “and wherein the at least one actuator configured to actuate the at least two refill units is arranged in the technical area, and wherein connections between the at least one actuator and the at least two refill units pass through the vertical separation wall.” in lines 34-37.
It is unclear how many actuators are required as stated above. It is unclear if one actuator is required which may actuate both refill units or if each refill unit has its own actuator (also see lines 17-18 of claim 5).
As best understood, each refill unit has its own actuator.
Lines 34-37 could be amended as follows to resolve this rejection: “and wherein each actuator configured to actuate each refill unit is arranged in the technical area, and wherein connections between each actuator and each refill unit pass through the vertical separation wall.”
Claims 2-3 and 6-19 are likewise rejected by virtue of their dependency on claim 5.
Allowable Subject Matter
Claims 2-3 and 5-19 stand rejected under 35 U.S.C. 112(b) and claim 19 is objected to, but the claims would be allowable upon resolution of the rejection of claim 5 (see Claim Rejections - 35 USC § 112 section above) and the objection of claim 19 (see Claim Objections section above).
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record discloses devices for the continuous processing of powder products having feeding and dosing devices, feeders, and automatic refill systems having refill units wherein technical equipment (motors, actuators, drives, wiring, etc.) are located in a technical area and process equipment (feeding screws, valves, hoppers, blenders, etc.) are located in a process area and wherein the process area is separated from the technical area by a vertical separation wall having connections between technical equipment and process equipment passing therethrough.
However, the prior art of record did not reasonably disclose, teach or otherwise suggest a device having a vertical separation wall to separate process equipment and technical equipment and wherein the device further includes at least two feeding and dosing devices each having a feeder wherein each feeder is fed from a refill unit above each feeder and where the refill units each are disposed in the process area and have an actuator in the technical area and wherein the refill units are arranged above the feeders and comprise a horizontal refill screw and where each horizontal refill screw is positioned with a pitch angle relative to a horizontal axis towards another horizontal refill screw such that system inlets which feed the refill units/refill screws are positioned at a larger distance from each other than inlets of the feeding and dosing devices/feeders positioned below the refill units/refill screws.
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 PATRICK M MCCARTY whose telephone number is (571)272-4398. The examiner can normally be reached Monday - Thursday 9:00 AM - 5:00 PM.
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, Claire Wang can be reached at 571-270-1051. 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.
/P.M.M./Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774
Prosecution Insights