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 04/08/2026 has been entered. Claim 1, and 17 have been amended. Claim 2, 8, and 11 have been canceled. Claims 21-23 have been added. Claims 1, 3-7, 9-10, and 12-23 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 claims therefore a new interpretation has been used and the arguments are moot.
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, 3-7, 9-10, and 12-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 8662313) in view of Frank (US 3946856).
Regarding claim-1. Shelton discloses a conveyor system (Fig.1C-D, 4) comprising:
a support frame (Fig.1C-D, 4) comprising a first side member and a second side member, the first and second side members comprising an inclined section (134, Fig.1C) and a horizontal section (Fig.1D-4);
a top conveyor portion (134) extending along both the inclined section (Fig.1C) and the horizontal section (100D, Fig.1D), the top conveyor portion comprising a top conveyor belt supported by a top return roller (roller that drives, not shown), the top return roller extending between the first side member and the second side member, the top conveyor portion driven by a top motor (motor, not shown),
a middle conveyor portion (206a-d, Fig.2-4) positioned below the top conveyor portion, the middle conveyor portion comprising a middle conveyor belt supported by a middle return roller (Fig.2-4), the middle return roller extending between the first side member and the second side member, the middle conveyor portion driven by a middle motor (motor, not shown); and
a bottom conveyor portion (146, Fig.1D) positioned below the middle conveyor portion, the bottom conveyor portion comprising a bottom conveyor belt supported by a bottom return roller (Fig.2-4), the bottom return roller extending between the first side member and the second side member, the bottom conveyor portion driven by a bottom motor (motor, not shown).
But Shelton lacks a top conveyor portion (134) extending along both the inclined section (Fig.1C), wherein the top conveyor belt is a single continuous conveyor belt that spans both the inclined section and the horizontal section.
Frank discloses a Zig-Zag conveyor system and also, a top conveyor portion (45 and 15) extending along both the inclined section (Fig.1), wherein the top conveyor belt is a single continuous conveyor belt that spans both the inclined section and the horizontal section (combination of 45 and 15 makes it continuous conveyor belt).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify or alternatively provide Shelton's system conveyor arrangement as taught by Frank for purpose to make apparatus more compact and to minimize the space used by conveyors.
Regarding claim-3. Shelton as modified discloses wherein the top conveyor belt (134) and the bottom conveyor belt (146) are configured to travel in a first direction and the middle conveyor belt (206a-d) is configured to travel in a second direction, the first direction opposite the second direction (Products travels in Zig-Zag pattern from left to right on top conveyor, right to left on middle conveyor, and left to right on bottom conveyor).
Regarding claim-4. Shelton as modified discloses further comprising a first transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4) and a second transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4), the first transfer member (i.e., 140a) configured to transport food product from the top conveyor belt (106) to the middle conveyor belt (206), the second transfer member (i.e., 136a or 204a/b) configured to transport food product from the middle conveyor belt to the bottom conveyor belt (146) (Fig.2A, 3A, 4).
Regarding claim-5. Shelton as modified discloses wherein the second transfer member (204a-b) is configured to move between a first configuration and a second configuration (Fig.2A-C), wherein in the first configuration, the second transfer member is configured to transport food product from the middle conveyor belt to the bottom conveyor belt (Fig.2A), wherein in the second configuration, the second transfer member is configured to allow food product to be rejected from the conveyor system (Fig.2C).
Regarding claim-6. Shelton as modified discloses wherein a transfer motor (motor is coupled to operating arm to pivot arm 212 of 204) is configured to move the second transfer member from the first configuration to the second configuration (Fig.2A-C).
Regarding claim-7. Shelton as modified discloses wherein the top conveyor belt is configured to travel at a first speed, the middle conveyor belt is configured to travel at a second speed, and the bottom conveyor belt is configured to travel at a third speed in use, the second speed greater than the first speed, the third speed greater than the second speed (For example, the velocity of the plurality of conveyors in the cooler 614 can be configured to approximately the same velocity. Alternatively, individual conveyor belts in the cooler 614 can be programmed to different velocities, Col.20 line38-44).
Regarding claim-9. Shelton as modified discloses wherein the top conveyor belt, the middle conveyor belt, and the bottom conveyor belt comprise a mesh structure (Fig.5) with a plurality of openings (Fig.5).
Regarding claim-10. Shelton as modified discloses wherein at least one of the top motors, the middle motor, or the bottom motor are configured to run at variable speeds (For example, the velocity of the plurality of conveyors in the cooler 614 can be configured to approximately the same velocity. Alternatively, individual conveyor belts in the cooler 614 can be programmed to different velocities, Col.20 line38-44 thus it implies that system has multiple motors in order to operate at different velocity).
Regarding claim-12. Shelton as modified discloses further comprising a plurality of conveyor portions (206a-b) positioned below the middle conveyor portion, each conveyor portion of the plurality of conveyor portions comprising a conveyor belt supported by a return roller extending between the first side member and the second side member (Fig.2-4).
Regarding claim-13. Shelton as modified discloses A conveyor system comprising: a support frame comprising a first side member and a second side member, the first and second side members comprising an inclined section and a horizontal section; a first conveyor portion (206a) comprising a first conveyor belt supported by a first return roller, the first return roller extending between the first side member and the second side member, the first conveyor portion driven by a first motor assembly;
a second conveyor portion (206b) positioned below the first conveyor portion, the second conveyor portion comprising a second conveyor belt supported by a second return roller, the second return roller extending between the first side member and the second side member, the second conveyor portion driven by a second motor assembly, the second motor assembly extending between the first side member and the second side member in the inclined section, such that a portion of the second conveyor belt extends into the inclined section; and
a third conveyor portion (206d) positioned below the second conveyor portion, the third conveyor portion comprising a third conveyor belt supported by a third return roller, the third return roller extending between the first side member and the second side member, the third conveyor portion driven by a third motor assembly, the third motor assembly extending between the first side member and the second side member in the inclined section, such that a portion of the third conveyor belt extends into the inclined section (Conveyors 206b, d is extending left side towards of the inclined conveyor portion 134).
It is just a mere of design and constructional detail of an apparatus in which using multiple motors at desired location to run individual conveyors are well known and would be obvious to the skilled person in the art to use multiple motors in a conveyor system, it is a common engineering choice to improve efficiency, reliability, and operational flexibility. Moreover, using multiple motors, the load is distributed across several units/conveyors thus it reduces the stress on each motor, extends their lifespan, and lowers maintenance costs.
Frank also discloses actuation system (36 with meshing gears 37 to 41) for actuating multiple conveyors (15 to 20).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify or alternatively provide Shelton's actuation system as taught by Frank for purpose to make apparatus more compact and to minimize the space used by conveyors and motor assembly.
Regarding claim-14. Shelton as modified discloses wherein the first conveyor belt and the third conveyor belt are configured to travel in a first direction and the second conveyor belt is configured to travel in a second direction, the first direction opposite the second direction (Products travels in Zig-Zag pattern).
Regarding claim-15. Shelton as modified discloses wherein at least one of the first side member and the second side member comprise one or more side openings (142a-b has opening, Fig.1D).
Regarding claim-16. Shelton as modified discloses further comprising a first transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4) and a second transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4), the first transfer member configured to transport food product from the first conveyor belt to the second conveyor belt, the second transfer member configured to transport food product from the second conveyor belt to the third conveyor belt (Fig.2A, 3A, 4).
Regarding claim-17. Shelton as modified discloses a conveyor system (Fig.1C-D, 4) comprising:
a support frame (Fig.1C-D, 4) comprising a first side member and a second side member;
a first conveyor portion (134) comprising a first conveyor belt extending between a first return roller and a first motor assembly, the first return roller and the first motor assembly extending between the first side member and the second side member, wherein, in use, the first conveyor belt comprises an angled portion and a horizontal portion, and wherein there is no gap between the angled portion and the horizontal portion (45 and 15 has no gap as taught by Frank);
a second conveyor portion (206a-d) comprising a second conveyor belt extending between a second return roller and a second motor assembly, the second return roller and the second motor assembly extending between the first side member and the second side member; a third conveyor portion (146 or 144) comprising a third conveyor belt extending between a third return roller and a third motor assembly, the third return roller and the third motor assembly extending between the first side member and the second side member (Fig.1C to 4);
and a transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4) extending between the first side member and the second side member, the transfer member configured to transfer food product from the second conveyor belt to the third conveyor belt when in a closed configuration (Fig.2A), the transfer member configured to rotate to an open configuration, wherein the open configuration, food product is ejected from the conveyor system (Fig.2C).
Regarding claim-18. Shelton as modified discloses wherein the first conveyor belt and the third conveyor belt are configured to travel in a first direction and the second conveyor belt is configured to travel in a second direction, the first direction opposite the second direction (Products travels in Zig-Zag pattern from left to right on first conveyor, right to left on second conveyor, and left to right on third conveyor).
Regarding claim-19. Shelton as modified discloses wherein at least one of the first side member and the second side member comprise one or more side openings (142a-b has opening, Fig.1D).
Regarding claim-20. Shelton as modified discloses wherein a transfer motor (motor is coupled to operating arm to pivot arm 212 of 204) is configured to move the transfer member from the closed configuration to the open configuration (Fig.2A-C).
Regarding claim-21. Shelton as modified discloses wherein both the middle conveyor belt and the bottom conveyor belt extend underneath the inclined section, and wherein the bottom conveyor belt extends farther underneath the inclined section than the middle conveyor belt (See Figures of Shelton and/or Frank).
Regarding claim-22. Shelton as modified discloses wherein a length of the third conveyor belt is greater than a length of the second conveyor belt (See Figures of Shelton and/or Frank).
Regarding claim-23. Shelton as modified discloses wherein the first conveyor belt is a single continuous conveyor belt that spans both the inclined section and the horizontal section such that, in operation, food product travels along both the inclined section and the horizontal section of the first conveyor portion before transfer to the second conveyor portion, and wherein there is no transfer member between the inclined section and the horizontal section of the first conveyor portion (combination 45 and 15 as taught by Frank).
Claim(s) 1, 3-7, 9-10, and 12-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 8662313) in view of Lamac (US 3111913).
Regarding claim-1. Shelton discloses a conveyor system (Fig.1C-D, 4) comprising:
a support frame (Fig.1C-D, 4) comprising a first side member and a second side member, the first and second side members comprising an inclined section (134, Fig.1C) and a horizontal section (Fig.1D-4);
a top conveyor portion (134) extending along both the inclined section (Fig.1C) and the horizontal section (100D, Fig.1D), the top conveyor portion comprising a top conveyor belt supported by a top return roller (roller that drives, not shown), the top return roller extending between the first side member and the second side member, the top conveyor portion driven by a top motor (motor, not shown),
a middle conveyor portion (206a-d, Fig.2-4) positioned below the top conveyor portion, the middle conveyor portion comprising a middle conveyor belt supported by a middle return roller (Fig.2-4), the middle return roller extending between the first side member and the second side member, the middle conveyor portion driven by a middle motor (motor, not shown); and
a bottom conveyor portion (146, Fig.1D) positioned below the middle conveyor portion, the bottom conveyor portion comprising a bottom conveyor belt supported by a bottom return roller (Fig.2-4), the bottom return roller extending between the first side member and the second side member, the bottom conveyor portion driven by a bottom motor (motor, not shown).
But Shelton lacks a top conveyor portion (134) extending along both the inclined section (Fig.1C), wherein the top conveyor belt is a single continuous conveyor belt that spans both the inclined section and the horizontal section.
Lamac discloses a Zig-Zag conveyor system and also, a top conveyor portion (16, and 17) extending along both the inclined section (Fig.1), wherein the top conveyor belt is a single continuous conveyor belt that spans both the inclined section and the horizontal section (combination of 16, and 17 makes it continuous conveyor belt).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to modify or alternatively provide Shelton's system conveyor arrangement as taught by Lamac for purpose to make apparatus more compact and to minimize the space used by conveyors.
Regarding claim-3. Shelton as modified discloses wherein the top conveyor belt (134) and the bottom conveyor belt (146) are configured to travel in a first direction and the middle conveyor belt (206a-d) is configured to travel in a second direction, the first direction opposite the second direction (Products travels in Zig-Zag pattern from left to right on top conveyor, right to left on middle conveyor, and left to right on bottom conveyor).
Regarding claim-4. Shelton as modified discloses further comprising a first transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4) and a second transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4), the first transfer member (i.e., 140a) configured to transport food product from the top conveyor belt (106) to the middle conveyor belt (206), the second transfer member (i.e., 136a or 204a/b) configured to transport food product from the middle conveyor belt to the bottom conveyor belt (146) (Fig.2A, 3A, 4).
Regarding claim-5. Shelton as modified discloses wherein the second transfer member (204a-b) is configured to move between a first configuration and a second configuration (Fig.2A-C), wherein in the first configuration, the second transfer member is configured to transport food product from the middle conveyor belt to the bottom conveyor belt (Fig.2A), wherein in the second configuration, the second transfer member is configured to allow food product to be rejected from the conveyor system (Fig.2C).
Regarding claim-6. Shelton as modified discloses wherein a transfer motor (motor is coupled to operating arm to pivot arm 212 of 204) is configured to move the second transfer member from the first configuration to the second configuration (Fig.2A-C).
Regarding claim-7. Shelton as modified discloses wherein the top conveyor belt is configured to travel at a first speed, the middle conveyor belt is configured to travel at a second speed, and the bottom conveyor belt is configured to travel at a third speed in use, the second speed greater than the first speed, the third speed greater than the second speed (For example, the velocity of the plurality of conveyors in the cooler 614 can be configured to approximately the same velocity. Alternatively, individual conveyor belts in the cooler 614 can be programmed to different velocities, Col.20 line38-44).
Regarding claim-9. Shelton as modified discloses wherein the top conveyor belt, the middle conveyor belt, and the bottom conveyor belt comprise a mesh structure (Fig.5) with a plurality of openings (Fig.5).
Regarding claim-10. Shelton as modified discloses wherein at least one of the top motors, the middle motor, or the bottom motor are configured to run at variable speeds (For example, the velocity of the plurality of conveyors in the cooler 614 can be configured to approximately the same velocity. Alternatively, individual conveyor belts in the cooler 614 can be programmed to different velocities, Col.20 line38-44 thus it implies that system has multiple motors in order to operate at different velocity).
Regarding claim-12. Shelton as modified discloses further comprising a plurality of conveyor portions (206a-b) positioned below the middle conveyor portion, each conveyor portion of the plurality of conveyor portions comprising a conveyor belt supported by a return roller extending between the first side member and the second side member (Fig.2-4).
Regarding claim-13. Shelton as modified discloses A conveyor system comprising: a support frame comprising a first side member and a second side member, the first and second side members comprising an inclined section and a horizontal section; a first conveyor portion (206a) comprising a first conveyor belt supported by a first return roller, the first return roller extending between the first side member and the second side member, the first conveyor portion driven by a first motor assembly;
a second conveyor portion (206b) positioned below the first conveyor portion, the second conveyor portion comprising a second conveyor belt supported by a second return roller, the second return roller extending between the first side member and the second side member, the second conveyor portion driven by a second motor assembly, the second motor assembly extending between the first side member and the second side member in the inclined section, such that a portion of the second conveyor belt extends into the inclined section; and
a third conveyor portion (206d) positioned below the second conveyor portion, the third conveyor portion comprising a third conveyor belt supported by a third return roller, the third return roller extending between the first side member and the second side member, the third conveyor portion driven by a third motor assembly, the third motor assembly extending between the first side member and the second side member in the inclined section, such that a portion of the third conveyor belt extends into the inclined section (Conveyors 206b, d is extending left side towards of the inclined conveyor portion 134).
It is just a mere of design and constructional detail of an apparatus in which using multiple motors at desired location to run individual conveyors are well known and would be obvious to the skilled person in the art to use multiple motors in a conveyor system, it is a common engineering choice to improve efficiency, reliability, and operational flexibility. Moreover, using multiple motors, the load is distributed across several units/conveyors thus it reduces the stress on each motor, extends their lifespan, and lowers maintenance costs.
Regarding claim-14. Shelton as modified discloses wherein the first conveyor belt and the third conveyor belt are configured to travel in a first direction and the second conveyor belt is configured to travel in a second direction, the first direction opposite the second direction (Products travels in Zig-Zag pattern).
Regarding claim-15. Shelton as modified discloses wherein at least one of the first side member and the second side member comprise one or more side openings (142a-b has opening, Fig.1D).
Regarding claim-16. Shelton as modified discloses further comprising a first transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4) and a second transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4), the first transfer member configured to transport food product from the first conveyor belt to the second conveyor belt, the second transfer member configured to transport food product from the second conveyor belt to the third conveyor belt (Fig.2A, 3A, 4).
Regarding claim-17. Shelton as modified discloses a conveyor system (Fig.1C-D, 4) comprising:
a support frame (Fig.1C-D, 4) comprising a first side member and a second side member;
a first conveyor portion (134) comprising a first conveyor belt extending between a first return roller and a first motor assembly, the first return roller and the first motor assembly extending between the first side member and the second side member, wherein, in use, the first conveyor belt comprises an angled portion and a horizontal portion, and wherein there is no gap between the angled portion and the horizontal portion (16 and 17 has no gap as taught by Lamac);
a second conveyor portion (206a-d) comprising a second conveyor belt extending between a second return roller and a second motor assembly, the second return roller and the second motor assembly extending between the first side member and the second side member; a third conveyor portion (146 or 144) comprising a third conveyor belt extending between a third return roller and a third motor assembly, the third return roller and the third motor assembly extending between the first side member and the second side member (Fig.1C to 4);
and a transfer member (136a-e, 140a-e, Fig.1D or 204a-b, Fig.2-4) extending between the first side member and the second side member, the transfer member configured to transfer food product from the second conveyor belt to the third conveyor belt when in a closed configuration (Fig.2A), the transfer member configured to rotate to an open configuration, wherein the open configuration, food product is ejected from the conveyor system (Fig.2C).
Regarding claim-18. Shelton as modified discloses wherein the first conveyor belt and the third conveyor belt are configured to travel in a first direction and the second conveyor belt is configured to travel in a second direction, the first direction opposite the second direction (Products travels in Zig-Zag pattern from left to right on first conveyor, right to left on second conveyor, and left to right on third conveyor).
Regarding claim-19. Shelton as modified discloses wherein at least one of the first side member and the second side member comprise one or more side openings (142a-b has opening, Fig.1D).
Regarding claim-20. Shelton as modified discloses wherein a transfer motor (motor is coupled to operating arm to pivot arm 212 of 204) is configured to move the transfer member from the closed configuration to the open configuration (Fig.2A-C).
Regarding claim-21. Shelton as modified discloses wherein both the middle conveyor belt and the bottom conveyor belt extend underneath the inclined section, and wherein the bottom conveyor belt extends farther underneath the inclined section than the middle conveyor belt (See Figures of Shelton and/or Lamac).
Regarding claim-22. Shelton as modified discloses wherein a length of the third conveyor belt is greater than a length of the second conveyor belt (See Figures of Shelton and/or Lamac.
Regarding claim-23. Shelton as modified discloses wherein the first conveyor belt is a single continuous conveyor belt that spans both the inclined section and the horizontal section such that, in operation, food product travels along both the inclined section and the horizontal section of the first conveyor portion before transfer to the second conveyor portion, and wherein there is no transfer member between the inclined section and the horizontal section of the first conveyor portion (as taught by Lamac).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/MA/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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