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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/10/2026 has been entered.
The status of the 08/31/2026 claims, is as follows: Claim 1 has been amended; Claims 7 and 15 have been canceled; and Claims 1-6 and 8-14 are pending.
Note: an updated specification has been provided on 08/31/2026 and is found acceptable.
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.
Claim 5 is 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.
In claim 5:
The limitation "the carrier plate" in line 2 renders the claim indefinite because it has antecedent basis.
For the purpose of substantive examination, it is presumed to read “a carrier plate”.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 3-4, 6, 8, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bullot (US 0049205) in view of Crane (US 2791254)
Regarding Claim 1, Bullot discloses a device (fig. 1) for dehusking of husk cereals (it is noted the limitation “for dehusking of husk cereals” is a statement of intended use), which comprises a peeling device (annotated fig. 1) which comprises a first disk (top disk L) and a second disk (bottom disk L) which is movable relative to the first disk and which can be driven by a vertical axis of rotation (vertical shaft I) (“the lower disk or runner is secured to a vertical shaft, I, whereas the upper disk is secured to the top of the case J”, col. 2, lines 4-7), wherein the disks (disks L’s) enclose a working space (fig. 1), which can be filled with husk grain using a filling opening of the first disk (annotated opening in the top disk L) in the region of its center point, wherein by rotation of the second disk a peeling off of grain and husk of the husk grain takes place by means of a radial movement along the disks (“by the combined action of these grinding-surfaces on the grain tire peel or cortex is separated from the body of the grain”, col. 2, lines 23-27) so that grain (body of the grain) and husk of the husk grain (peel of the grain) leave the peeling device on its outer circumference via an outlet opening (annotated opening through which grain and peel leave the peeling device) which opens into a downpipe (spout O) (“on being discharged from the disks L the grain passes off through the spout 0,”, col. 2, lines 27-30) that has an upper end (annotated fig. 1) arranged at the outlet opening (annotated fig. 1) and a lower end (annotated fig. 1) forming a path having a substantially vertical component (fig. 1 indicates the downpipe is substantially vertical such that the grain falls down via gravity), and a lateral supply air opening (annotated fig. 1), which is acted upon by an air flow (fan-blower) such that husk (peel) is separated from the grain (body of the grain) via air flow separation (air flow by the fan-blower) and leaves the downpipe (pipe O) laterally through a lateral opening of the downpipe (opening of the downpipe O that is fluidly connected to the pipe Q) and only the grain (body of the grain) is remained in the down pipe (“while passing through this spout it is exposed to the action of a current of air created by a fan-blower, P, and passed transversely through said spout by means of a pipe, Q. By this current all the peel and light impurities mixed with the grain are separated from the good grain, and the latter, on being discharged from the spout 0, is fit for the grinding mill”, col. 2, lines 29-37).
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Bullot does not disclose:
the disks having a surface made of a temperature-stable and elastic material, and
a collecting vessel is configured to receive grain and a collecting container is configured to receive husk.
However, Crane discloses the plate facings 65, 66 fig. 4 having a surface made of a temperature-stable and elastic material (plastic) (col. 3, lines 25-39) (according to published specification of the instant application, para. 0017 states that the material consisting of a temperature-stable and elastic material is a plastic material or a natural rubber.
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disks of Bullot to provide the surface of the temperature-stable and elastic material as taught by Crane, in order to prevent serious abrasion by the grain to be treated.
The modification does not disclose a collecting vessel is configured to receive grain and a collecting container is configured to receive husk.
However, Crane further discloses a collecting vessel (bin 43) is configured to receive grain (pits) (col. 2, lines 25-32) and a collecting container (container 30) is configured to receive husk (lighter material i.e. shells and fragments) (col. 2, lines 18-24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Bullot to include the collecting vessel configured to receive the grain and to include the collecting container configured to receive husk as taught by Crane, in order to provide separate containers to store the body of the grain and the shell of the grain.
The modification would result in the structure as shown, in which the grain leaves the peeling device via the outlet opening which opens into the collecting vessel via the downpipe O that has the lower end arranged above the collecting vessel and the shell of the grain leaves the downpipe through the lateral opening of the downpipe in front of the collecting vessel and is discharged into the collecting container.
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Regarding Claim 3, Crane discloses the temperature-stable and elastic material (plastic) is a plastic material (plastic) (col. 3, lines 25-39).
Regarding Claim 4, Crane discloses the temperature stable and elastic material (facing 65, 66 made of plastic) is made with a corrugation on the surface (col. 2, 3, lines 66-72, 25-26 respectively; fig. 4).
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Regarding Claim 6, Bullot discloses the second disk (bottom disk) is coupled to an electric motor (“the lower disk or runner is secured to a vertical shaft”, col. 2, lines 3-5) (it is noted that it is implicit that the motor drives the shaft to rotate the bottom disk L).
Regarding Claim 8, Bullot discloses the device, in which a further electric motor (motor for driving the fan blower) is additionally coupled to a suction fan (fan blower) for generating the air flow (col. 2, lines 29-32).
Regarding Claim 11, Bullot discloses the device, in which the first disk (top disk) is thermally connected to a main body of the device (annotated fig. 1) (it is noted the top disk is indirectly connected to the main body, therefore it is thermally connected to the main body).
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Regarding Claim 14, Bullot discloses a method for the dehusking of husk cereals (“for the dehusking of husk cereals” is a statement of intended use. The apparatus of Bullot is capable of dehusking of husk cereals) with the device according to claim 1 (col. 1, lines 11-14).
Bullot does not disclose the method of using the device according to claim 1 delivers approximately 1 kg of corresponding grain or seed per minute.
However, it would have been obvious to one having ordinary skill in the art at the
time the invention was made to modify the method such that it delivers approximately 1 kg of corresponding grain or seed per minute, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (MPEP 2144.05). The motivation to ensure the desired milling speed is obtained to meet the production demand by adjusting the speed of the rotation of the rotating disc.
Claims 2, 5, 9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Bullot (US 0049205) and Crane (US 2791254) as applied to claim 1, further in view of Lefas (US 20190262837)
Regarding Claim 2, the modification does not disclose the device, wherein the first disk and the second disk, each have a support plate.
However, Lefas discloses the device (apparatus 100; figs. 1A and 1B), wherein the first disk (stationary disc 300) and the second disk (rotating disc 500) each have a support plate (housing lid 232, carrying plate 540 respectively) (“rotating disc 500 is generally connected to a carrying plate 540 which is rotated by a rotating shaft 136”, para. 0030).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first disk and the second disk of Bullot such that each has the support plate as taught by Lefas, in order to provide sturdy support for the disks.
Regarding Claim 5, Crane discloses the temperature stable and elastic material (facing 65, 66 of Crane) (col. 3, lines 25-39).
The modification does not disclose the temperature stable and elastic material is connected to the carrier plate in a form-fitting or materially bonded manner.
However, Lefas discloses the device (apparatus 100; figs. 1A and 1B), wherein the first disk (stationary disc 300) and the second disk (rotating disc 500) each is connected to a carrier plate (housing lid 232, carrying plate 540 respectively) (“rotating disc 500 is generally connected to a carrying plate 540 which is rotated by a rotating shaft 136”, para. 0030).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first disk and the second disk of Bullot such that each is connected to the carrier plate as taught by Lefas, in order to provide sturdy support for the disks. The modification would result in the temperature stable and elastic material (facing 65, 66 of Crane) is connected to the carrier plate in a form-fitting manner (it is note the facings 65, 66 of Crane would be physically connected to the carrier plate 232, 540 of Lefas).
Regarding Claim 9, the modification does not disclose the device, in which the
axial spacing of the disks can be adjusted in a variable manner.
However, Lefas discloses the axial spacing of the disks (disks 300, 500) can be adjusted in a variable manner (“the first disc 300 and the second disc 500 are separated by a relative gap distance, shown generally by symbol G. Adjusting this relative gap distance G between the first disc 300 and the second disc 500, separating the first cutting surface 301 from the second cutting surface 502, will adjust the particle size of the reduced material 11 emanating from the disc mill assembly 200”, para. 0027).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disks of Bullot such that the axial spacing of the disks can be adjusted in the variable manner as taught by Lefas, in order to adjust the particular size of the grain as desired.
Regarding Claim 12, the modification does not disclose the device, wherein the main surface of the first disk tapers in a wedge-shaped manner in the direction
opposite to the second disk in the region of the filling opening.
However, Lefas discloses the device, wherein the main surface of the first disk (stationary disc 300) tapers in a wedge-shaped manner (fig. 1B) in the direction opposite to the second disk (rotating disc 500) in the region of the filling opening (it is noted the disc 300 widens in the region of the opening of the disc 300 as seeds enter the opening and spread out to cover more contact areas with the discs 300, 500; fig. 1B).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the main surface of the first disk of Bullot to taper in the wedge-shaped manner in the direction opposite the second disk in the region of the filling opening and modify the second disk as necessary to compliment the first disk as taught by Lefas, such that the grain is guided by the tapered surface of the first disk toward the enclosed space between the first and second disks, where the grain is milled.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Bullot (US 0049205), Crane (US 2791254), and Lefas (US 20190262837) as applied to claim 9, further in view of Andersen (US 4667888)
Regarding Claim 10, Lefas discloses the first disk (stationary disc 300) is provided with a spindle drive (servo motor 1030) in order to adjust the distance from the second disk (rotating disc 500) (para. 0038-0039).
The modification does not disclose the second disk is provided with a spindle drive in order to adjust the distance from the first disk.
However, Andersen discloses the adjustment of the distance between the first disk and the second disk can be made by adjusting the axial movement of the second disk (rotatable milling disk) (col. 12, lines 8-24; fig. 2)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second disk of Bullot (i.e. bottom disk) to include the spindle drive such that it is axially adjusted by the spindle drive relative to the first disk (i.e. top disk of Bullot) to arrive the same predictable result, which is to set the gap between the disks to grind the grain to desired degree of milling (col. 12, lines 8-24 of Andersen). The modification would result in the structure in which the second disk (bottom disk of Bullot) is provided with spindle drive (servo motor 1030 of Anderson) to adjust the gap between the first and second disks.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Bullot (US 0049205) and Crane (US 2791254) as applied to claim 1, further in view of Mock (US 5564636)
Regarding Claim 13, Bullot discloses the leaving of grain and husk of the husk grain is through the outlet opening.
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The modification does not disclose one or more strippers are arranged below the second disk, which support the leaving of grain and husk of the husk grain in the direction of the outlet opening.
However, Mock discloses one or more strippers (brush 30) are arranged below the second disk (mill stone 7), which support the leaving of grain and husk of the husk grain in the direction of the outlet opening (discharge end of the shaft 29) (on the underside of the lower mill stone 7 a brush 30 is attached which conducts the ground product to the flow-off shaft 29 when the lower mill stone 7 turns.”, col. 4, lines 8-17).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lefas to include the one or more strippers arranged below the second disk, which guide the grain in the direction of the outlet opening as taught by Mock, in order to effectively guide all the milled grain toward the outlet opening.
Response to Arguments
Applicant's arguments filed on 08/31/2026 have been fully considered but they are respectfully considered moot in view of new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
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, IBRAHIME ABRAHAM can be reached on (571)270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/ Examiner, Art Unit 3761
