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 .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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 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.
Claim(s) 24-34 and 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over US 5205135 A (hereinafter “LANG”) in view of US 20040011627 A1 (hereinafter “PALMAER”).
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Regarding Claim 24, LANG discloses a heat transfer system configured to alter a temperature of product with airflow, the heat transfer system comprising: a conveyor belt (15) configured to carry the product, and forms a conveyor stack having a plurality of tiers (see 15f) and a central space (see 15c) with a volume, wherein the conveyor stack is positioned in a chamber (see 13) such that a first portion of the volume of the central space and a first plurality of tiers of the plurality of tiers are located in a first sub-chamber of the chamber (i.e., above baffle/partition 33) and a second portion of the volume of the central space and a second plurality of tiers of the plurality of tiers are located in a second sub-chamber of the chamber (i.e., below baffle/partition 33); a baffle (33) dividing the chamber into the first sub-chamber and the second sub-chamber, the baffle coupled to the conveyor stack and configured to substantially restrict the airflow in a vertical direction directly between the first sub-chamber and the second sub-chamber except within the volume of the central space between the second portion of the volume of the central space and the first portion of the volume of the central space (see the airflow arrows in Fig. 2); and generating means (27a) configured to generate the airflow in the chamber, wherein the generating means is configured to: produce, in the second sub-chamber, the airflow in a horizontal direction towards the conveyor stack such that the airflow flows in a horizontal and radial direction across the second plurality of tiers to enter the second portion of the volume of the central space (see airflow arrows 31); and draw, in the first sub-chamber, the airflow in a horizontal direction away from the conveyor stack such that the airflow flows in a horizontal and radial direction to exit the first portion of the volume of the central space across the first plurality of tiers (see airflow arrows 41).
LANG does not disclose wherein the conveyor belt has an air permeable outer side wall and an air permeable inner side wall.
PALMAER teaches a conveyor belt wherein the conveyor belt (12) has an air permeable outer side wall (48/70) and an air permeable inner side wall (also 48/70).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify LANG wherein the conveyor belt has an air permeable outer side wall and an air permeable inner side wall as taught and/or suggested by PALMAER, since PALMAER states that said outer and inner side wall “comprise side guards or side plates that retain products on the belt, and these form an important feature. They are open, allowing air circulation, and can be used effectively on non-self-supporting helical conveyor belts.” (see PALMAER, para. [0010]). Thus, providing said air permeable outer and inner side wall would, at a minimum, assist in retaining the product being treated on said conveyor belt, would simultaneously present no impediment to airflow therethrough and would allow for the use of non-self-supporting helical conveyor belts.
Regarding Claims 25-27, LANG further comprises at least one of a top end wall (15k) configured to restrict (interpreted as limiting in any way) the airflow in a vertical direction through a top opening of the conveyor stack (NOTE: due to LANG’s airflow pattern, reference to a top and bottom is inverted with respect to Fig. 2) and a bottom end wall (25) configured to restrict (interpreted as limiting in any way) the airflow in a vertical direction through a bottom opening of the conveyor stack (NOTE: due to LANG’s airflow pattern, reference to a top and bottom is inverted with respect to Fig. 2); wherein the top end wall (15k) further restricts (interpreted as limiting in any way) the airflow in a vertical direction from the second sub-chamber (i.e., below baffle/partition 33) directly into the volume of the central space (see 15c); wherein the bottom end wall (25) further restricts (interpreted as limiting in any way) the airflow in a vertical direction from the volume of the central space (see 15c) directly into the first sub-chamber (i.e., above baffle/partition 33).
Regarding Claim 28, LANG further discloses wherein the generating means (27a) is further configured to cause, within the volume of the central space (see again 15c), the airflow in a vertical direction from the second portion of the volume of the central space in the second sub-chamber (i.e., below baffle/partition 33) towards the first portion of the volume of the central space in the first sub-chamber (i.e., above baffle/partition 33).
Regarding Claim 29, LANG in view of PALMAER further discloses wherein the baffle (33) is configured to stop at the air permeable inner side wall (as taught by PALMAER).
Regarding Claims 30-34, PALMAER further teaches wherein the conveyor belt is formed from a plurality of belt modules (42), wherein each belt module of the plurality of belt modules comprises: a central portion (see at least 44, 46) configured to carry the product, wherein the central portion extends between an inner side edge of that belt module and an outer side edge of that belt module (see para. [0026]: “At left and right ends of the modules 42, the link ends are heavier, as at 44a, a somewhat heavier link end, and 44b, also a wider link end, and this situation occurs at both edges of the belt. Similarly, a much wider link end preferably occurs at the edges in the second group of projections 46, at 46a.”); an inner side plate (48) coupled the central portion proximate the inner side edge (see para. [0027]: “From these much wider link ends 46a extend a support member 48 or side plate at each edge of the belt.”); and an outer side plate (also 48) coupled the central portion proximate the outer side edge (see again para. [0027]: “From these much wider link ends 46a extend a support member 48 or side plate at each edge of the belt.”); wherein the outer side plate (48) and the inner side plate (also 48) each define at least one aperture to enable the airflow in the horizontal and radial direction across the plurality of tiers (see Figs. 5-8; see also para. [0040]: “The earlier-described frames also act as side guards, and are open for air circulation. Not limited to self-supporting spiral belts, these side guards are effective on non-self-supporting spiral belts (riding on a helical platform), wherein air circulation from the sides of the helical belt is important. The open frames can have additional product-retaining structure for smaller products if needed, partially closing the rectangular opening shown while still allowing adequate air circulation.”); wherein the outer side plate (48) of the plurality of belt modules form the air permeable outer side wall of the conveyor belt; wherein the inner side plate (48) of the plurality of belt modules form the air permeable inner side wall of the conveyor belt; wherein the central portion (see at least 44, 46) has an air permeable configuration to facilitate the airflow in a vertical direction through the central portion between different tiers of the first plurality of tiers and between different tiers of the second plurality of tiers (see para. [0030]: “FIGS. 3 and 4 show short belt sections 52 and 54 made up of somewhat different modules 56, 56a and 58, 58a. Both types of modules exhibit limited product contact, and maximize airflow through the belt.”).
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Regarding Claim 36, LANG further discloses wherein the baffle (33) restricts the airflow in a vertical direction at an interface between the second plurality of tiers and the first plurality of tiers (see Col. 8, Lns. 16-28: “It is noted that the first cooling zone and the second cooling zone are separated by a horizontal wall 33 which extends from the sidewalls of the enclosure 13 to the cylindrical wall 15j within the cage 15c…. The horizontal wall 33 includes an annular, somewhat spiral, portion 33a which is interleaved between the flights of the conveyor 15 to divide or separate the first cooling zone from the second cooling zone.”).
Regarding Claim 37, LANG further discloses wherein the generating means comprises: producing means (indicated in annotated Fig. 2 of LANG below) located in the second sub-chamber and configured to produce the airflow in the horizontal direction towards the conveyor stack; and drawing means (indicated in annotated Fig. 2 of LANG below) located in the first sub-chamber and configured to draw the airflow in the horizontal direction away from the conveyor stack.
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Allowable Subject Matter
Claims 35 and 38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed on February 4th, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799