Prosecution Insights
Last updated: April 19, 2026
Application No. 18/042,203

DEVICE AND METHOD FOR SEPARATING MATERIALS

Non-Final OA §103
Filed
Feb 17, 2023
Examiner
AWAIS, MUHAMMAD SUMRAIZ
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
ABB Schweiz AG
OA Round
5 (Non-Final)
80%
Grant Probability
Favorable
5-6
OA Rounds
2y 2m
To Grant
90%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
149 granted / 186 resolved
+28.1% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
23 currently pending
Career history
209
Total Applications
across all art units

Statute-Specific Performance

§103
43.4%
+3.4% vs TC avg
§102
32.3%
-7.7% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 186 resolved cases

Office Action

§103
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 Amendment The amendment filed on 12/15/2025 has been entered. Claim 1, 8, and 16 have been amended. Claims 1-5, and 8-20 remains pending. Response to Arguments Applicant’s arguments with respect to claim(s) have been considered but are moot because new limitations have been added to independent claim-1, therefore a new interpretation has been used and the arguments are moot. Moreover, with respect to new limitations “first and second mounting plates”, this is just a mere of design and constructional detail of an apparatus and having mounting plates on both sides provides no technical advantage. Adding mounting plates is obvious a design choice based on required specification and prior art does shows plates/Frame/resilient support member underneath to support above sieving plate having ribs/ridges/riffles. Also, check US 0988748 A, US 2373452 A, US 5046602 A, US 20140332351 A1 for mounting plates. 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. Claim(s) 1-5, 8-9, 11-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson (US 2076348) in view of James (US 3817370). Regarding Claim-1, Peterson discloses a device (Fig.2-6; Pg.1 Left Col line1-12, Right Col line26-65) for separating materials, comprising: a material receiving plate (1, Fig.2, 4) arranged to receive materials to be separated; wherein the material receiving plate includes a sieve plate (screening pan 1) having a top side configured to receive the materials to be separated and a bottom side opposite to the top side (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57); a first pair of supporting members (5, Fig.3) coupled to opposite sides (Fig.3) of the material receiving plate (1) via respective pendulum rods (2, Fig.2-3); a second pair of supporting members (5, Fig.3) coupled to the opposite sides (Fig.3) of the material receiving plate (1) via respective pendulum rods (2, Fig.2-3) and spaced apart from the first pair of supporting members (Fig.2-3); a driving mechanism (Fig.2, Pg.3 Left Col line45-57), wherein the driving mechanism includes a rotatable output shaft (7, Fig.2); and a transmission mechanism (Fig.2, Pg.3 Left Col line45-57) arranged between the output shaft (7) and the material receiving plate (1), wherein the transmission mechanism includes: a cam (8, Fig.2, Pg.3 Left Col line45-57) arranged on the output shaft (7) and being rotatable along with the output shaft (7); a connecting seat (defined by at which 9 is coupled to 1, Fig.2) arranged on the material receiving plate (1); and a connecting rod (9, Fig.2) coupled to the cam (8) at a first end thereof and coupled to the connecting seat (Fig.2) at a second end thereof opposite to the first end (See Fig.2). wherein the material receiving plate comprises: a first mounting plate arranged at the bottom side of the sieve plate and coupled to the first pair of supporting members via the respective pendulum rods; wherein the first mounting plate extends from a first side of the sieve plate to a second side of the sieve plate: and a second mounting plate arranged at the bottom side of the sieve plate at a distance from the first mounting plate and coupled to the second pair of supporting members via the respective pendulum rods: wherein the second mounting plate extends from the first side of the sieve plate to the second side of the sieve plate (See Fig.5, 7-8 material receiving plate is supported by Frame and plates). But Peterson doesn’t explicitly teach wherein the material receiving plate includes an upper surface configured to receive the materials to be separated and to move the materials along the upper surface towards the second pair of supporting members as the materials are separated from one another while on the upper surface, and the materials are moved off of the upper surface and past the second pair of supporting members; wherein the sieve plate includes a plurality of ribs arranged in parallel at the top side of the sieve plate; wherein the plurality of ribs are configured to extend in a direction of movement of the materials to be separated; wherein each of the plurality of ribs extends continuously from a feed end to a discharge end of the sieve plate; wherein the plurality of ribs are parallel to a direction of movement of the materials to be separated; wherein the plurality of ribs extend a full length in the direction of movement of the materials to be separated. James discloses an vibration apparatus for separating materials (Fig.1-2, 8, 10-11) and also, discloses wherein the material receiving plate (2 and 3, Fig.3) includes an upper surface configured to receive the materials (Fig.1-2) to be separated and to move the materials along the upper surface towards the second pair of supporting members as the materials are separated from one another while on the upper surface, and the materials are moved off of the upper surface and past the second pair of supporting members (material moves downward from upper surface towards discharge end, Fig.1-2, 10); wherein the sieve plate (2 and 3 having grooves 22, Fig.1-2, 8, 11) includes a plurality of ribs (21 or 23, Fig.1-2, 8, 11) arranged in parallel at the top side of the sieve plate (2 and 3); wherein the plurality of ribs (21 or 23) are configured to extend in a direction of movement of the materials to be separated (Fig.8); wherein each of the plurality of ribs (21 or 23) extends continuously from a feed end to a discharge end of the sieve plate (Fig.1-2, 10); wherein the plurality of ribs (21 or 23) are parallel to a direction of movement of the materials to be separated (Fig.1-2, 8); wherein the plurality of ribs (21 or 23) extend a full length in the direction of movement of the materials to be separated (Fig.1-2, 8, 10-11); wherein the material receiving plate comprises: a first mounting plate arranged at the bottom side of the sieve plate and coupled to the first pair of supporting members via the respective pendulum rods; wherein the first mounting plate extends from a first side of the sieve plate to a second side of the sieve plate in a direction that is perpendicular to the plurality of ribs: and a second mounting plate arranged at the bottom side of the sieve plate at a distance from the first mounting plate and coupled to the second pair of supporting members via the respective pendulum rods: wherein the second mounting plate extends from the first side of the sieve plate to the second side of the sieve plate in the direction that is perpendicular to the plurality of ribs (See Fig.4-6, 10-11 material receiving plate 2 and 3 is supported by Frame and plates). Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify/additionally provide Peterson with plate having ribs with mounting plates as taught by James for purpose of efficiently and effectively separation of materials from one another. Regarding Claim-2, Peterson as modified discloses wherein the driving mechanism (Fig.2, Pg.3 Left Col line45-57) further comprises: a motor (rotary power shaft); and a reducer (detail of motor which is well known in the art) coupled to the motor, wherein the output shaft (7) is arranged on the reducer (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-3, Peterson as modified discloses wherein the output shaft (7) is provided with a protrusion (defined at 7 in which 7 is insert/coupled with 8) at its periphery, and wherein the cam (8) comprises a first mounting hole (defined at 7 in which shaft is insert/coupled with 8) for insertion of the output shaft (7) and a recess for cooperation with the protrusion at an internal wall of the first mounting hole (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-4, Peterson as modified discloses wherein the connecting rod (9) comprises: a first main part (Defined at 9, Fig.2); a first pin shaft (coupled with 8) arranged on the first main part via a hinge at the first end of the connecting rod (9), the first pin shaft being coupled to the cam (8) (See Fig.2); and a second pin shaft (coupled with 1) arranged on the first main part via a hinge at the second end of the connecting rod (9), the second pin shaft being coupled to the connecting seat (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-5, Peterson as modified discloses wherein the cam (8) comprises a second mounting hole (defined at 8 where 9 is coupled to 8) at a distance from the output shaft (7), and wherein the first pin shaft (of rod 9) is inserted into to the second mounting hole (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-8, Peterson as modified discloses wherein each of the first and second mounting plates (6) comprises: a supporting part (bracket) coupled to the bottom side of the sieve plate (1) to support the sieve plate (1) (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57); and a pair of mounting parts arranged at both ends of the supporting part respectively and coupled to the respective pair of the supporting members via the respective pendulum rods (2) (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57). Regarding Claim-9, Peterson as modified discloses wherein the connecting seat (defined by at which 9 is coupled to 1, Fig.2) is arranged on the supporting part of the first mounting plate (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57). Regarding Claim-11, Peterson as modified discloses wherein each of the pendulum rods (2, Fig.2) comprises: a second main part (See Fig.2-3, Pg.3 Left Col line20-57); a third pin shaft (See Fig.2-3, Pg.3 Left Col line20-57) arranged on the second main part via a hinge at an end of the second main part, the third pin shaft being coupled to the respective one of the first pair of supporting members (5) and the second pair of supporting members (5); and a fourth pin shaft (See Fig.2-3, Pg.3 Left Col line20-57) arranged on the second main part via a hinge at the other end of the second main part, the fourth pin shaft being coupled to the material receiving plate (1). Regarding Claim-12-18, and 20, Peterson as modified discloses a method for separating materials using the device (Fig.2-6; Pg.1 Left Col line1-12, Right Col line26-65) comprising: receiving the materials to be separated on the material receiving plate (as taught by Garret); and causing the output shaft (7) of the driving mechanism (Fig.2, Pg.3 Left Col line20-57) to rotate to drive the material receiving plate (1) to move upwards and downwards and forwards and backwards via the transmission mechanism (Fig.2, Pg.3 Left Col line20-57) so as to separate the materials on the material receiving plate (1) (Fig.2-4, Pg.2 Right Col line26-65). Claim(s) 10, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson (US 2076348) in view of James (US 3817370) and further view of Carrasco (US 20200061673). Regarding Claim-10, Peterson as modified doesn’t teach wherein the height of the second pair of supporting members (5) is lower than the height of the first pair of supporting members (5). It is just a mere of design and constructional detail of an apparatus in which skilled person in the can easily construed to provide the sieve plate with supporting member having height difference which are well known in the art for easier moving downwardly and efficient separation of material. Moreover, the skilled person in the art would select the design and layout according to desired specification. Carrasco discloses a sieving/separating device (Fig.1-2), and also teaches wherein the height of the second pair of supporting members (31 and 36 adjustable) is lower than the height of the first pair of supporting members (33 and 34) such that the material receiving plate (2) is tilted (Fig.2). Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify Peterson’s system with adjustable supporting member as taught by Carrasco for purpose to cause further downwardly movement of the separated material towards outlet receptacle for collection or further processing. Regarding Claim-19, Peterson as modified discloses a method for separating materials using the device (Fig.2-6; Pg.1 Left Col line1-12, Right Col line26-65) comprising: receiving the materials to be separated on the material receiving plate (as taught by Garret); and causing the output shaft (7) of the driving mechanism (Fig.2, Pg.3 Left Col line20-57) to rotate to drive the material receiving plate (1) to move upwards and downwards and forwards and backwards via the transmission mechanism (Fig.2, Pg.3 Left Col line20-57) so as to separate the materials on the material receiving plate (1) (Fig.2-4, Pg.2 Right Col line26-65). Claim(s) 1-5, and 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson (US 2076348) in view of Garret (US 8910797) and further view of James (US 3817370). Regarding Claim-1, Peterson discloses a device (Fig.2-6; Pg.1 Left Col line1-12, Right Col line26-65) for separating materials, comprising: a material receiving plate (1, Fig.2, 4) arranged to receive materials to be separated; wherein the material receiving plate includes a sieve plate (screening pan 1) having a top side configured to receive the materials to be separated and a bottom side opposite to the top side (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57); a first pair of supporting members (5, Fig.3) coupled to opposite sides (Fig.3) of the material receiving plate (1) via respective pendulum rods (2, Fig.2-3); a second pair of supporting members (5, Fig.3) coupled to the opposite sides (Fig.3) of the material receiving plate (1) via respective pendulum rods (2, Fig.2-3) and spaced apart from the first pair of supporting members (Fig.2-3); a driving mechanism (Fig.2, Pg.3 Left Col line45-57), wherein the driving mechanism includes a rotatable output shaft (7, Fig.2); and a transmission mechanism (Fig.2, Pg.3 Left Col line45-57) arranged between the output shaft (7) and the material receiving plate (1), wherein the transmission mechanism includes: a cam (8, Fig.2, Pg.3 Left Col line45-57) arranged on the output shaft (7) and being rotatable along with the output shaft (7); a connecting seat (defined by at which 9 is coupled to 1, Fig.2) arranged on the material receiving plate (1); and a connecting rod (9, Fig.2) coupled to the cam (8) at a first end thereof and coupled to the connecting seat (Fig.2) at a second end thereof opposite to the first end (See Fig.2). wherein the material receiving plate comprises: a first mounting plate arranged at the bottom side of the sieve plate and coupled to the first pair of supporting members via the respective pendulum rods; wherein the first mounting plate extends from a first side of the sieve plate to a second side of the sieve plate: and a second mounting plate arranged at the bottom side of the sieve plate at a distance from the first mounting plate and coupled to the second pair of supporting members via the respective pendulum rods: wherein the second mounting plate extends from the first side of the sieve plate to the second side of the sieve plate (See Fig.5, 7-8 material receiving plate is supported by Frame and plates). But Peterson doesn’t teach wherein the material receiving plate includes an upper surface configured to receive the materials to be separated and to move the materials along the upper surface towards the second pair of supporting members as the materials are separated from one another while on the upper surface, and the materials are moved off of the upper surface and past the second pair of supporting members; wherein the sieve plate includes a plurality of ribs arranged in parallel at the top side of the sieve plate; wherein the plurality of ribs are configured to extend in a direction of movement of the materials to be separated; wherein each of the plurality of ribs extends continuously from a feed end to a discharge end of the sieve plate; wherein the plurality of ribs are parallel to a direction of movement of the materials to be separated; wherein the plurality of ribs extend a full length in the direction of movement of the materials to be separated. PNG media_image1.png 686 700 media_image1.png Greyscale Garret discloses an vibration apparatus for separating materials (Fig.3, 4) and also, discloses wherein the material receiving plate (102, Fig.3) includes an upper surface configured to receive the materials (from 104, Fig.3-4) to be separated and to move the materials along the upper surface towards the second pair of supporting members as the materials are separated from one another while on the upper surface, and the materials are moved off of the upper surface and past the second pair of supporting members (material moves downward from upper surface towards discharge end 106, see Fig.3-4); wherein the sieve plate (102) includes a plurality of ribs (302) arranged in parallel (Annotated Fig.4) at the top side of the sieve plate (102); wherein the plurality of ribs (302) are configured to extend in a direction of movement of the materials to be separated (Annotated Fig.4); wherein each of the plurality of ribs (302) extends continuously from a feed end to a discharge end of the sieve plate (Fig.3-4; wherein the plurality of ribs (302) extend a full length in the direction of movement of the materials to be separated (Fig.3-4). wherein the material receiving plate comprises: a first mounting plate arranged at the bottom side of the sieve plate and coupled to the first pair of supporting members via the respective pendulum rods; wherein the first mounting plate extends from a first side of the sieve plate to a second side of the sieve plate: and a second mounting plate arranged at the bottom side of the sieve plate at a distance from the first mounting plate and coupled to the second pair of supporting members via the respective pendulum rods: wherein the second mounting plate extends from the first side of the sieve plate to the second side of the sieve plate (See Fig.3 material receiving plate is supported by Frame and plates 110). Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify Peterson receiving plate with trough plate having ribs supported by mounting plates as taught by Garret for purpose of efficiently and effectively separation of materials from one another. James discloses a vibrating conveyor and also, teaches wherein the plurality of ribs (21) are parallel to a direction of movement of the materials to be separated (Fig.1-2, 8). Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify modified Peterson receiving plate with ribs as taught by James for purpose of efficiently and effectively separation of materials from one another. Regarding Claim-2, Peterson as modified discloses wherein the driving mechanism (Fig.2, Pg.3 Left Col line45-57) further comprises: a motor (rotary power shaft); and a reducer (detail of motor which is well known in the art) coupled to the motor, wherein the output shaft (7) is arranged on the reducer (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-3, Peterson as modified discloses wherein the output shaft (7) is provided with a protrusion (defined at 7 in which 7 is insert/coupled with 8) at its periphery, and wherein the cam (8) comprises a first mounting hole (defined at 7 in which shaft is insert/coupled with 8) for insertion of the output shaft (7) and a recess for cooperation with the protrusion at an internal wall of the first mounting hole (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-4, Peterson as modified discloses wherein the connecting rod (9) comprises: a first main part (Defined at 9, Fig.2); a first pin shaft (coupled with 8) arranged on the first main part via a hinge at the first end of the connecting rod (9), the first pin shaft being coupled to the cam (8) (See Fig.2); and a second pin shaft (coupled with 1) arranged on the first main part via a hinge at the second end of the connecting rod (9), the second pin shaft being coupled to the connecting seat (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-5, Peterson as modified discloses wherein the cam (8) comprises a second mounting hole (defined at 8 where 9 is coupled to 8) at a distance from the output shaft (7), and wherein the first pin shaft (of rod 9) is inserted into to the second mounting hole (See Fig.2; Pg.3 Left Col line20-57). Regarding Claim-8, Peterson as modified discloses wherein each of the first and second mounting plates (6) comprises: a supporting part (bracket) coupled to the bottom side of the sieve plate (1) to support the sieve plate (1) (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57); and a pair of mounting parts arranged at both ends of the supporting part respectively and coupled to the respective pair of the supporting members via the respective pendulum rods (2) (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57). Regarding Claim-9, Peterson as modified discloses wherein the connecting seat (defined by at which 9 is coupled to 1, Fig.2) is arranged on the supporting part of the first mounting plate (See Fig.2-4, Pg.1 Left Col line1-12, Pg.3 Left Col line20-57). Regarding Claim-10, Peterson as modified teach wherein the height of the second pair of supporting members (5) is lower than the height of the first pair of supporting members (5) (Fig.2, 4 as taught by Garret Fig.1-3). Moreover, it is just a mere of design and constructional detail of an apparatus in which skilled person in the can easily construed to provide the sieve plate with supporting member having height difference which are well known in the art for easier moving downwardly and efficient separation of material. Moreover, the skilled person in the art would select the design and layout according to desired specification. Regarding Claim-11, Peterson as modified discloses wherein each of the pendulum rods (2, Fig.2) comprises: a second main part (See Fig.2-3, Pg.3 Left Col line20-57); a third pin shaft (See Fig.2-3, Pg.3 Left Col line20-57) arranged on the second main part via a hinge at an end of the second main part, the third pin shaft being coupled to the respective one of the first pair of supporting members (5) and the second pair of supporting members (5); and a fourth pin shaft (See Fig.2-3, Pg.3 Left Col line20-57) arranged on the second main part via a hinge at the other end of the second main part, the fourth pin shaft being coupled to the material receiving plate (1). Regarding Claim-12-19, and 20, Peterson as modified discloses a method for separating materials using the device (Fig.2-6; Pg.1 Left Col line1-12, Right Col line26-65) comprising: receiving the materials to be separated on the material receiving plate (as taught by Garret); and causing the output shaft (7) of the driving mechanism (Fig.2, Pg.3 Left Col line20-57) to rotate to drive the material receiving plate (1) to move upwards and downwards and forwards and backwards via the transmission mechanism (Fig.2, Pg.3 Left Col line20-57) so as to separate the materials on the material receiving plate (1) (Fig.2-4, Pg.2 Right Col line26-65). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD AWAIS whose telephone number is (571)272-4955. The examiner can normally be reached Monday-Friday 7-4 pm (EST). 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, Gene Crawford can be reached at (571)272-6911. 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. /MA/Examiner, Art Unit 3651 /GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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Prosecution Timeline

Feb 17, 2023
Application Filed
Jul 23, 2024
Non-Final Rejection — §103
Oct 25, 2024
Response Filed
Dec 28, 2024
Final Rejection — §103
May 07, 2025
Request for Continued Examination
May 09, 2025
Response after Non-Final Action
Jun 11, 2025
Non-Final Rejection — §103
Aug 19, 2025
Response Filed
Sep 10, 2025
Final Rejection — §103
Dec 12, 2025
Applicant Interview (Telephonic)
Dec 12, 2025
Examiner Interview Summary
Dec 15, 2025
Request for Continued Examination
Dec 28, 2025
Response after Non-Final Action
Jan 20, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
80%
Grant Probability
90%
With Interview (+10.3%)
2y 2m
Median Time to Grant
High
PTA Risk
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