DETAILED ACTION
Applicant’s Election Without Traverse of 28 July 2025
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Pending Elected Claims
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“Clean” Text of Pending Elected Claims
13. (Currently Amended) A screening device for separating out and removing debris from wastewater, the screening device comprising:
at least two endless and spaced-apart drive elements, which are movable on a circulating path with the aid of at least one drive motor of the screening device during the operation of the screening device;
a drive motor configured and disposed to drive the at least two endless and spaced apart drive elements in a circulating path;
a tensioning device configured to increase or reduce a tension of the drive elements;
a sensor configured to measure an energy consumption of the drive motor; and
a controller configured to monitor over a defined period of time the energy consumption of the drive motor; increase or decrease the tension of the drive elements based on the measured energy consumption of the drive motor; and remeasure the energy consumption of the drive motor to determine the tension of the drive elements has been increased or decreased to a desired amount.
14. (Previously presented) The screening device of claim 13, wherein the screening device has at least one screening system that includes movable components for removing debris from the wastewater, wherein the movable components are connected to the at least two endless and spaced-apart drive elements, so that the movable components are moved along the circulating path together with the at least two endless and spaced-apart drive elements when the at least two endless and spaced-apart drive elements are moved with the aid of the drive motor.
15. (Previously presented) The screening device of claim 13, wherein the screening device includes a signaling unit, with the aid of which an operator of the screening device may be signaled that the energy consumption of the drive motor has increased in a previously defined way after the tension was increased and/or the energy consumption of the drive motor has decreased in a previously defined way after the tension was reduced.
17. (Currently Amended) The screening device of claim 13, wherein the tensioning device is operatively connected to the controller, wherein the controller is designed for increasing the tension by actuating the tensioning device within the scope of the adjustment of the tension until the energy consumption of the drive motor increases in a previously defined way, and wherein the controller is designed for subsequently reducing the tension again by actuating the tensioning device until the energy consumption decreases again in a previously defined way.
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
01 APRIL 2026 has been entered.
Response to Arguments of 01 APRIL 2026
Applicant has argued:
CLAIM REJECTIONS - 35 U.S.C. & 112
Claims 13-17 stand rejected under 35 U.S.C. § 112 as failing to comply with the written description requirement and as being indefinite for failing to particularly point out and distinctly claim the subject matter which the Applicant regards as the invention.
In response, Applicant has amended claim 13 for clarity. Applicant respectfully submits that the presently presented claims are fully supported and definite within the meaning of § 112. Accordingly, withdrawal of the 35 U.S.C. § 112 rejection of claims 13-17 is respectfully requested.
CLAIM REJECTIONS - 35 U.S.C. & 102
Claims 13-17 stand rejected under 35 U.S.C. § 102 as being anticipated by United States Patent No. 7,220,361 to Seidl ("Seidl").
Independent claim 13 is patentably distinct from the cited art. Independent claim 13 has been amended to recite: "a tensioning device configured to increase or reduce a tension of the drive elements; a sensor configured to measure an energy consumption of the drive motor; and a controller configured to monitor over a defined period of time the energy consumption of the drive motor; increase or decrease the tension of the drive elements based on the measured energy consumption of the drive motor; and remeasure the energy consumption of the drive motor to determine the tension of the drive elements has been increased or decreased to a desired amount."
Nowhere does Seidl disclose or suggest each and every feature recited in amended independent claim 13 of the present application.
For at least the foregoing reasons, Applicant respectfully submits that independent claim 13 is patentably distinct over the cited art and is in condition for allowance. Claims 14-15 and 17 depend from and add further limitations to independent claim 13 and are likewise in condition for allowance.
These arguments are not found persuasive. Applicant’s amendments raise new 112 issues as detailed in the rejections below. The “tensioning device” and “sensor” as being met by Seidl, are explained in the rejection below.
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.
Claims 13-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over the teachings of 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.
With respect to, “a tensioning device configured to increase or decrease a tension of the drive elements”, as was recently added to independent claim 13, 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.
The specified ”facility” that enables “the drive chains to be correctly tensioned”, is seen to meet the limitation, “a tensioning device configured to increase or decrease a tension of the drive elements”, as this expression is best understood, and giving it its broadest reasonable interpretation, as is appropriate during examination.
With respect to, “a sensor configured to measure energy consumption of the drive motor”, as was recently added to independent claim 13; SEIDL discloses:
(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 specified ”current sensing overload device” is a “sensor”. In sensing an “overload”, it measures the “energy consumption” of the drive motor controlled by “the motor control center”. Electric current is the continuous flow of electric charge—typically electrons—through a material, such as a wire. It is measured in amperes (amps), which represent how much charge passes a single point per second. The force that pushes these charges to flow is called voltage.
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”.
Regarding the “controller” clause of claim 13:
a controller configured to monitor over a defined period of time the energy consumption of the drive motor; increase or decrease the tension of the drive elements based on the measured energy consumption of the drive motor; and remeasure the energy consumption of the drive motor to determine the tension of the drive elements has been increased or decreased to a desired amount.
Arguably, this limitation is not clearly or expressly taught by SEIDL. Specifically, the “remeasure” aspect of this clause is not expressly taught. However, one skilled in the art would have readily appreciated that keeping “the drive chains to be correctly tensioned” would have obviously involved monitoring and remeasuring to maintain the correct tension.
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.
Admissions by Applicant
AAPA discloses:
[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 13-15 and 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 tensioning device configured to increase or decrease a tension of the drive elements”, and “a sensor configured to measure energy consumption of the drive motor”. It is unclear what minimal components are intended by these recitations.
Neither one of these expressions appear to have literal basis within the four corners of the originally filed disclosure:
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Regarding the “controller” clause of claim 13:
a controller configured to monitor over a defined period of time the energy consumption of the drive motor; increase or decrease the tension of the drive elements based on the measured energy consumption of the drive motor; and remeasure the energy consumption of the drive motor to determine the tension of the drive elements has been increased or decreased to a desired amount.
With respect to the “controller” clause of claim 13, Applicant has not described how the “controller” “monitors” “measures” or “remeasures” the energy consumption without a signal from the “sensor”, or an operational relationship with the “tensioning device”.
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 13-15 and 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.
Applicant amended independent claim 13 to specify, “a tensioning device configured to increase or decrease a tension of the drive elements”, and “a sensor configured to measure energy consumption of the drive motor”. It is unclear what minimal components are intended by these recitations.
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.
Prior Art of Interest
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DOMAGE discloses a tension control system that employs a controller to adjust tension as needed, based on a measured amperage (see [0029]).
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Conclusion
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.
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, Joseph Del Sole can be reached at (571) 272-1130. 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.
/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1776
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