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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, and 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Correa et al. (US Pub. No. 20030056729).
Regarding claim 1, the Correa et al. (hereinafter Correa) reference discloses a transfer assembly (Fig. 43) comprising:
a distribution plate (746) having a first surface and a second surface (Fig. 43);
a projection (727) extending from the first surface and defining a throughhole (732) that extends through the distribution plate;
an egg picking pad (754) coupled to the projection, wherein the throughhole extends through the projection so as to be in fluid communication with the egg picking pad (Fig. 43); and
a flexible bellows (752) coupled to the second surface of the distribution plate (Fig. 43).
Regarding claim 2, the Correa reference discloses the egg picking pad comprises a sleeve (e.g. 730) that is configured to surround the projection.
Regarding claim 8, the Correa reference discloses a method of transporting eggs (e.g. Para. [0111]), the method comprising:
descending a transfer assembly to interact with an egg (Para. [0217]), the transfer assembly comprising:
a distribution plate (746) having a first surface and a second surface (Fig. 43);
a projection (727) extending from the first surface and defining a throughhole (732) that extends through the distribution plate;
an egg picking pad (754) coupled to the projection, wherein the throughhole extends through the projection so as to be in fluid communication with the egg picking pad (Fig. 43); and
a flexible bellows (752) coupled to the second surface of the distribution plate;
contacting the at least one egg picking pad with the egg (Para. [0217]);
applying a vacuum via the throughole (Para. [0217]); and
ascending the transfer assembly so as to transport the egg (Para. [0217]).
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.
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Correa.
Regarding claim 3, the Correa reference discloses the invention substantially as claimed in claim 2.
However, the Correa reference fails to explicitly disclose the egg picking pad further comprises: a spherical egg contact pad.
It would have been obvious to one of ordinary skill in the art at the time of filing to make the contact pad be spherical, a change in the shape of a prior art device is a design consideration within the skill of the art and in order to accommodate irregular shaped eggs. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 4, the Correa reference, as modified in claim 3, discloses the spherical egg contact pad comprises: a peripheral surface (peripheral surface of 754) surrounding the throughhole (Fig. 43).
Regarding claim 5, the Correa reference, as modified in claim 4, discloses the throughhole is a vacuum conduit (Para. [0217]).
Regarding claim 6, the Correa reference, as modified in claim 4, discloses a plurality of section grooves (732) are defined in the peripheral surface (Fig. 43).
Regarding claim 7, the Correa reference, as modified in claim 1, discloses a lip (748) extends from the second surface and, when coupled to the distribution plate, the flexible bellows surrounds the lip (Figs. 42,43).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675
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