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 .
Election/Restrictions
Applicant’s election of Group I (claims 1-3) in the reply filed on 12/16/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The listing of references in the specification (paragraph 8) is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 7 after “based on” delete “the” in order to place the claim in better form.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
The limitation “external optimization unit is configured to define an adjustment point” in claim 1 does not invoke interpretation under 35 USC 112(f) since one of ordinary skill in the art would readily understand the structure of the “external optimization unit” in view of the specification (e.g., paragraph 47). The limitation is therefore given its broadest reasonable interpretation to be a computing device connectable to a PLC to send and receive signals as would be recognized by one of ordinary skill in the art.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, in line 7 the limitation “adjustment point” renders the claim indefinite since it is unclear what the limitation is referring to. The claim as a whole only recites a grain cracker comprising a motor, PLC, and external optimization unit. There is no recitation of the cracking structure itself. Since there are various types of devices using various methods for grain cracking (e.g., a single roller acting against a static structure, multiple rollers acting against each other, plates, surface structure, axis of rotation, speed of movement, etc.), it is unclear if the claimed “grain cracker” requires such features, and thus unclear exactly what feature is subjected to the “adjustment point”. In particular, it is unclear what the “adjustment point” actually “adjusts”. Examiner acknowledges Applicant’s specification discloses examples of the “grain cracker” and associated “adjustment point”, but the limitations are not defined to include the exemplified structures and the claim as currently drafted does not reflect said structures. Therefore, the claim is rendered indefinite.
Claims 2-3 are rejected by virtue of their dependence on a rejected base claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Ketting (US 5,154,364) in view of Tagawa et al. (US 2019/0176158 A1) and Machler et al. (US 4,363,448).
It is noted that Ketting is Applicant’s admitted prior art (paragraph 6).
Regarding claim 1, in view of the rejections under 35 USC 112(b) above, the “grain cracker” is construed to include rollers having an adjustable gap therebetween, and the “adjustment point” is construed to be a distance of said gap.
Ketting teaches a system for a grain cracker comprising a motor 19 and a system comprising computer 31, position indicator 22, switch 34, input-output device 35, computer 32, memory 33, and signal lines 38 connected to the motor (figure 4; column 6 lines 28-60). Since the system above is configured to automatically adjust desired settings of the rollers (column 1 lines 13-19), the control performed by programming (column 2 lines 48-52; column 3 lines 54-57; column 7 line 2), the system above is construed to be a type of PLC.
Regarding the system being “modular”, Ketting teaches subassemblies of the system are capable of being readily added to or removed from a roller mill as a unit, which can be fitted at any subsequent time (column 2 lines 34-37; claim 1). Thus, the system is construed to be a “modular system for a grain cracker”.
Ketting does not teach an external optimization unit connected to the PLC, wherein the external optimization unit is configured to define an adjustment point, based on the characteristics of the grains to be cracked, wherein the characteristics of the grains to be cracked include a moisture content and a temperature of the grains to be cracked, wherein the PLC is configured to receive the adjustment point from the external optimization unit and drive the motor.
Tagawa et al. teaches an apparatus for controlling a milling roll machine (figures 1 and 3-4; abstract), where the opening/closing control of the roll gap is performed according to a temperature of the raw material before passing through the rolls, the temperature detected by a sensor “S” in order to calculate a temperature difference between the grain before passing through the rolls and the temperature after passing through the rolls, and controlling the gap to prevent the temperature difference from exceeding a predetermined value (paragraphs 17 and 65). Thus, the system prevents degradation of quality of the product due to high temperature, obtains uniform milling, improves yield, milling efficiency, and saves energy (paragraph 64). The control is performed by central computation control apparatus 50, which performs automatic control of the gap between the rollers based on the measured temperature (figures 7-8; paragraph 63). The apparatus 50 is therefore construed to be a type of “optimization unit”.
Machler et al. teaches an apparatus for milling cereal (abstract) comprising mill rolls 230 and 231 (figure 6), where the gap between the rolls can be controlled by a comparator device and servomotor in response to signals as is known in the art (column 9 lines 32, 35-38, and 55-64). Computer device 30 comprises a programmed processor 40 and storage or memory 42 which control the gap between the rollers (column 10 lines 56-62), where the processor is provided with sensing means 45 which provides signals of various conditions, such as moisture content of the wheat to be milled, to modify the desired parameter values of the roll gap (column 11 lines 15-21, 26-27, 29-30, and 45-47; claim 8). The system allows the experience of a head miller to be stored in a computer such that the computer can make use of the experience in setting the various process elements to mimic the miller’s own manner of operating the plant, where the appropriate programming monitors the actual values of process parameters so that in the event of certain limits being exceeded, the relevant process element can be shut down or other suitable alarm given for safety purposes, and the sequence of application can control safely the start-up and shut-down procedures, as well as operating in a steady state in a milling operation (column 15 line 18 to column 16 line 4). Thus, the system is construed to be a type of “optimization unit”.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Ketting to include an external optimization unit configured to define an adjustment point based on the moisture content and temperature of the grains to be cracked, the PLC configured to receive the adjustment point from the external optimization unit and drive the motor, since the reference already teaches “external” computer 37 connected to the system construed above to be the PLC, where such computing devices are known to be programmable to facilitate automatic control of processes, since the reference already suggests wanting to control roller gap distance to provide protection means to the mill (column 6 lines 47-49), and therefore to provide supporting and/or auxiliary protection means, since the prior art recognizes parameters such as roller gap distance can be controlled based on signals from a computing device based on received temperature and moisture data of the grains to be cracked, in order to ensure optimal product quality, uniform milling, and improved yield and milling efficiency, since there is no evidence of record indicating unexpected results associated with the claimed feature, to combine prior art elements according to known methods to yield predictable results, and to use a known technique to improve similar devices in the same way, see MPEP 2143 I.(A) and (C).
Regarding claim 2, Ketting teaches the modular system is associated with an existing cracker by connecting an axle of the motor 19 to an adjusting spindle 8, which by rotation moves a setting arm 9 above fixed pivot bearing 10 to adjust the gap between the rollers 41,42 (figure 1; column 4 lines 58-60), the spindle therefore construed to be a type of “screw axle”. The rotation of the screw axle is obtained by connecting the axle of the motor 19 to the screw axle 8 via slip clutch 20, sprocket 21, and transmission chain 18 (column 5 lines 6-10), therefore the system is construed to teach “connecting an axle of the motor to a screw axle”.
Claim 3 is rejection under 35 U.S.C. 103 as being unpatentable over Ketting in view of Tagawa et al. and Machler et al. as applied to claims 1-2 above, and further in view of Hansen et al. (US 10,322,487 B1).
Regarding claim 3, Ketting teaches the connection between the axle of the motor and the screw axle as stated for claim 2, but does not teach the connection is performed through a mechanical reduction gearbox.
Hansen et al. teaches a roll grinding apparatus (figure 1; abstract), where motors 20 and 22 drive movement via a system of driver pulleys and belts (column 4 line 61 to column 5 line 4). However, the reference further teaches that other means for transferring rotation may be used, such as a gearbox with suitable sized gears that provide an effect of a reduction in rotational speed (column 5 lines 5-10), understood in the art to be a reduction gearbox. The reference thus establishes equivalency between a belt and pulley driving system and a reduction gearbox driving system.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Ketting to connect the motor and screw axle by mechanical reduction gearbox since the reference already teaches motor 19 is geared (column 5 lines 5-7), since the prior art recognizes driving means for roller type devices include a reduction gearbox, since such devices are known in the art to facilitate fine adjustments by reducing the ratio of movement between the motor and device being driven, since there is no evidence of record indicating unexpected results associated with the claimed feature, to use a known technique to improve similar devices in the same way, and as a substitution of art recognized equivalents suitable for the same purpose of transferring driving motion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN KIM whose telephone number is (571)270-0338. The examiner can normally be reached 9:30-6.
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/BRYAN KIM/Examiner, Art Unit 1792