DETAILED ACTION
Applicant’s Election Without Traverse of 28 July 2025
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Pending Elected Claims
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Claim Rejections - 35 USC § 102
Claims 13-17 are rejected under 35 U.S.C. 102(A1/A2) as being anticipated by SEIDL (US 7,220,361 B2).
SEIDL discloses at least two endless and spaced-apart drive elements (4), which are movable on a circulating path with the aid of at least one drive motor (6) of the screening device during the operation of the screening device, as recited in independent 13 and dependent claim 14.
SEIDL at column 8, lines 35-45, discloses, “A power monitor that senses changes in motor power output (phase relationships in the voltage feed to the motor) may be substituted to give a "high power used" input to the controller”, which is seen to meet the “controller” clause of claim 13.
Regarding dependent claim 15 which specifies, “a signaling unit”. At column 6, lines 30-45, SEIDL discloses the use of “indicating lights” to signal conditions.
Regarding dependent claims 16 and 17, SEIDL discloses:
(29) The drive unit is suitably continuously rated and is selected to match the duty of the particular screen. The drive unit is directly coupled to the rake assembly drive shaft through the gearbox. A facility is incorporated within the drive mechanism mounting arrangement to enable the scraping mechanism drive chains to be correctly tensioned and the raking bars to be accurately positioned across the screen face. Such adjustments are possible without the dismantling of any part of the screen frame and without the necessity for any special tools.
(30) A current sensing overload device with a built-in intelligent control facility is incorporated within the rake assembly starter compartment in the motor control center. The device is capable of reverse the direction of travel of the scraping mechanism, should a blockage occur on the screen and cause the overload device to trip the normal operation of the screen rake.
The newly added and unsupported recitation, “configured to evaluate”, is seen to be met by maintaining “the drive chain to be correctly tensioned” as underscored in paragraph “(29)” above.
Admissions by Applicant
AAPA discloses:
[0001] The present invention relates to a method for adjusting the tension of endless and spaced-apart drive elements of a screening device, which is used for separating out and removing debris from wastewater, wherein the drive elements are moved on a circulating path with the aid of at least one drive motor of the screening device during the operation of the screening device.
[0002] Relevant screening devices are sufficiently known from the related art and are used, for example, for removing coarse screenings (wood, stones, etc.) from wastewater flowing in a sewer. For this purpose, the screening device is generally integrated into the sewer in such a way that the screening surface, starting from the channel bed, extends upward perpendicularly or at a slight slant. In order to enable the screenings retained by the bar screen forming the screening surface to be discharged, the screening surface usually extends above the maximum water level to be expected.
[0003] Due to a circulating operation of clearing elements in the form of so-called cleaning rakes assigned to the screening surface, the screenings are subsequently conveyed upward, along the front side of the screening surface, in the direction of a screenings discharge and, there, are removed from the cleaning rake or cleaning rakes, for example, with the aid of a scraper. In order to be able to move the cleaning rakes, relevant screening devices include a drive motor, which is connected to two drive elements extending adjacent to each other, wherein the drive elements in turn are connected to the individual cleaning rakes. If the drive elements are moved on a predefined circulating path with the aid of the drive motor, the cleaning rakes also move on this circulating path and, thereby, along the bar screen.
[0004] Such a screening device of the generic type is described, for example, in conjunction with figure 1 from DE 10 2012 103 058 Al.
[0005] Another screening device of the generic type is disclosed, for example, in DE 10 2004 062 316 Al. The device described therein also includes two drive elements extending in parallel to each other in the form of drive chains, between which in turn a plurality of adjacent screening elements extends. The screening elements each have a screening surface curved toward the outside, by means of which the debris carried in the wastewater is retained. Alternatively and also within the scope of the present invention, screening elements can also be used, which have a screening surface having a flat cross-section or zigzag edges. If the drive elements are moved on their circulating path with the aid of a drive motor, the debris, together with the screening elements, enters an area downstream from the upper return area of the drive elements in the conveying direction and, there, is removed from the screening elements with the aid of a cleaning brush, in order to subsequently enter a collection container, for example, a container, via a screenings discharge. The wastewater, freed from the debris, passes through the screening device and can be routed to its further use. Such screening devices therefore do not have a rigidly positioned bar screen as is the case with the initially mentioned screening device. Rather, in this case, the section that retains the debris carried by the wastewater, i.e., the aforementioned screening elements, is moved on a circulating path. The screening elements are connected on each side to one of the drive elements in this case.
[0006] The drive elements lengthen over time due to the tensile forces acting on the drive elements. It is therefore necessary to readjust the tension of the drive elements at regular time intervals, in order to ensure a reliable operation of the particular screening device. The tension is generally adjusted manually and based on empirical values. Such an adjustment is not optimal, however and, therefore, is in need of improvement.
[0007] The problem addressed by the present invention is therefore that of providing a method for adjusting the tension of drive elements of a screening device and an appropriate screening device, which differ from the known related art in a positive way.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 13-17 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Applicant amended independent claim 13 to specify, “a controller, configured to evaluate the energy consumption of the drive motor”. There is no basis for the amendment, “configured to evaluate” in the originally filed disclosure. It is prohibited new matter.
Claim Rejections - 35 USC § 112(b)
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.
Claims 13-17 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
It is unclear what minimal structure the recitation, “configured to evaluate” intends. This language is not defined in Applicant’s disclosure, nor does it enjoy support in the originally filed disclosure, as set forth in the written description rejection set forth above. One skilled in the art would not readily appreciate what this unsupported language intends, when read in light of the disclosure.
Response to Arguments of 02 JANUARY 2026
Applicant has argued:
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All of these arguments rely on the added recitation, “configured to evaluate”, which is not supported by the originally filed disclosure. Arguments based on prohibited new matter cannot be found persuasive.
Conclusion
Applicant's amendment necessitated any 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 ROBERT JAMES POPOVICS whose telephone number is (571) 272-1164. The examiner can normally be reached from 10:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JENNIFER DIETERLE can be reached at (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1776