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 and 8-16) in the reply filed on 1/6/2026 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)).
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 and 8-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0367292 to Aga in view of US 2003/0034237 to Yester.
Regarding claim 1 Aga discloses a feeder comprising: a feed device having: a material receiving end for receiving material (see hopper 13 or input to 15 at 12a); a material discharge end distal of the material receiving end (16); an endless conveyor disposed to define a conveying surface between the material receiving end and the discharge end movable in use to cause material received at the material receiving end to be conveyed to the material discharge end (apron conveyor 15); a material flow monitoring device disposed in association with the feed device and adapted to obtain in use a measurement representative of a quantity of material passing along the conveying surface of the endless conveyor (20); wherein the feed device is conformed as a surge conveyor (see figure 1); the feeder further comprises a chassis supporting the feed device (portion supporting conveyance device 10); and a transport carriage supporting the chassis (lower portion with tracks 71) and adapted to cause the feeder to be movable across a surface for deployment in use (see figure 1 and 71); and the material flow monitoring device is adapted to obtain a measurement representative of at least one of: a volume of material passing along the conveyor; and a weight of material passing along the conveyor (see 20).
Aga discloses an apron conveyor (15) but does not explicitly disclose wherein the endless conveyor comprises a plurality of successively arrayed metal plates, pans or flights.
Yester teaches an apron conveyor including the endless conveyor comprises a plurality of successively arrayed metal plates, pans or flights (140 and para 0037) in order to handle abrasive materials (para 0037).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicant’s claims to have modified Aga to include the endless conveyor comprises a plurality of successively arrayed metal plates, pans or flights, as taught by Yester, in order to handle abrasive materials. Furthermore, it is noted that such materials and construction are standard for apron conveyors (see Yester at para 0007).
Regarding claim 8 Aga discloses the material flow monitoring device is adapted to obtain a measurement representative of a weight of material passing along the conveyor (20).
Regarding claim 9 Aga discloses the flow monitoring device comprises a weighing system disposed below a part of the endless conveyor forming the conveying surface in a fixed relationship with the feeder so as to obtain a measure of weight of material passing over the conveying surface (para 0055).
Regarding claim 10 Aga discloses the weighing system is disposed adjacent to a second surface of the endless conveyor opposed to the conveying surface (para 0055).
Regarding claims 11-14 Aga does not explicitly disclose the weighing system comprises an array of weighing devices mounted on a rigid frame, the weighing system comprises two frame portions wherein a first frame portion is adapted to engage the second surface of the endless conveyor, and a second frame portion carries the weighing devices disposed on the second frame portion such that a load carried by the first frame portion is transferred through and measurable by the weighing devices in use, the second frame portion is mounted on the feeder, and mounted to but carried spaced apart from a primary support frame of the feeder, and wherein the first frame portion is seated upon the second frame portion, but is not mounted in fixed manner to the feeder and the first frame portion is provided with engagement means so configured as to be functionally continuous with corresponding engagement means on a primary support frame of the feeder such that the endless conveyor engages to be translatable thereon; and the first frame portion is provided with rotational drive engagement formations configured to co-operate with equivalent rotational drive engagement formations on the support frame such that with the weighing system in position the endless conveyor engages to be translatable continuously thereon.
Yester teaches a weighing system for an apron conveyor including the weighing system comprises an array of weighing devices mounted on a rigid frame (154 figure 7), the weighing system comprises two frame portions wherein a first frame portion is adapted to engage the second surface of the endless conveyor (structure above 153) in figure 7), and a second frame portion (153) carries the weighing devices (154) disposed on the second frame portion such that a load carried by the first frame portion is transferred through and measurable by the weighing devices in use, the second frame portion is mounted on the feeder (see figure 7), and mounted to but carried spaced apart from a primary support frame of the feeder (see figure 7), and wherein the first frame portion is seated upon the second frame portion, but is not mounted in fixed manner to the feeder (see figure 7) and the first frame portion is provided with engagement means so configured as to be functionally continuous with corresponding engagement means on a primary support frame of the feeder such that the endless conveyor engages to be translatable thereon (see e.g., figure 4 central portion); and the first frame portion is provided with rotational drive engagement formations (122) configured to co-operate with equivalent rotational drive engagement formations on the support frame such that with the weighing system in position the endless conveyor engages to be translatable continuously thereon (see figure 4 and 7) in order to simultaneously transport and weigh the material carried (para 0013).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicant’s claims to have modified Aga to include the weighing system comprises an array of weighing devices mounted on a rigid frame, the weighing system comprises two frame portions wherein a first frame portion is adapted to engage the second surface of the endless conveyor, and a second frame portion carries the weighing devices disposed on the second frame portion such that a load carried by the first frame portion is transferred through and measurable by the weighing devices in use, the second frame portion is mounted on the feeder, and mounted to but carried spaced apart from a primary support frame of the feeder, and wherein the first frame portion is seated upon the second frame portion, but is not mounted in fixed manner to the feeder and the first frame portion is provided with engagement means so configured as to be functionally continuous with corresponding engagement means on a primary support frame of the feeder such that the endless conveyor engages to be translatable thereon; and the first frame portion is provided with rotational drive engagement formations configured to co-operate with equivalent rotational drive engagement formations on the support frame such that with the weighing system in position the endless conveyor engages to be translatable continuously thereon, as taught by Yester, in order to simultaneously transport and weigh the material carried. Additionally, doing so merely entails substituting one known weighing system of another to yield predictable results.
Regarding claim 16 Aga discloses the transport carriage includes a pair of parallel, driven, ground-engaging tracks (71).
Claim(s) 1-3, 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over SE1850502 to Sandstrom in view of US 2003/0034237 to Yester.
Regarding claim 1 Sandstrom discloses a feeder comprising: a feed device having: a material receiving end for receiving material (receiving end of 1); a material discharge end distal of the material receiving end (discharge end of 1); an endless conveyor disposed to define a conveying surface between the material receiving end and the discharge end movable in use to cause material received at the material receiving end to be conveyed to the material discharge end (conveyor 1); a material flow monitoring device disposed in association with the feed device and adapted to obtain in use a measurement representative of a quantity of material passing along the conveying surface of the endless conveyor (13 or page 4 paras 9-11); wherein the feed device is conformed as a surge conveyor (see figure 1); the feeder further comprises a chassis supporting the feed device (see figure 1); and a transport carriage supporting the chassis (see figure 1 and wheeled base) and adapted to cause the feeder to be movable across a surface for deployment in use (see figure 1); and the material flow monitoring device is adapted to obtain a measurement representative of at least one of: a volume of material passing along the conveyor; and a weight of material passing along the conveyor (13 or page 4 paras 9-11).
Sandstrom does not explicitly disclose wherein the endless conveyor comprises a plurality of successively arrayed metal plates, pans or flights.
Yester teaches an apron conveyor including the endless conveyor comprises a plurality of successively arrayed metal plates, pans or flights (140 and para 0037) in order to handle abrasive materials (para 0037).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicant’s claims to have modified Sandstrom to include the endless conveyor comprises a plurality of successively arrayed metal plates, pans or flights, as taught by Yester, in order to handle abrasive materials. Furthermore, it is noted that such materials and construction are standard for apron conveyors (see Yester at para 0007).
Regarding claim 2 Sandstrom discloses the material flow monitoring device is adapted to obtain at least two different measurements each representative of a quantity of material passing along the endless conveyor (machine translation page 2 para 3).
Regarding claim 3 Sandstrom discloses material flow monitoring device is adapted to obtain both of a measurement representative of a volume of material passing along the endless conveyor and a measurement representative of a weight of material passing along the endless conveyor (machine translation page 2 para 3).
Regarding claim 8 Sandstrom discloses the material flow monitoring device is adapted to obtain a measurement representative of a weight of material passing along the conveyor (page 4 paras 9-11).
Regarding claim 15 Sandstrom discloses a material scanner from which an indication of composition may be obtained, and for example further from which inferences may be drawn about material density, ore quality or other material property (see camera 13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional cited references show other weighing systems for conveyors and related prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK C HAGEMAN whose telephone number is (571)272-5547. The examiner can normally be reached Mon-Fri 8:15-4:45 (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK C HAGEMAN/Primary Examiner, Art Unit 3652