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 .
Drawings
The drawings are objected to because it is difficult to identify the elements being labelled for elements 10-14 in Fig. 2, due to the shading. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Claims 1-8 objected to because of the following informalities:
Claim 1 recites “an elongated hollow cantilever a support pin and a return spring” which is missing commas. This should be -- an elongated hollow cantilever, a support pin, and a return spring--.
Claim 1 recites “length adaptors with return spring” this should be -- length adaptors with return springs--.
Claim 1 recites “two cams” and then “a cam.” For clarity, this third cam should be named something else like –a third cam--.
Claims 1, 3-4, and 7 interchangeable use the term “crusher head” and the “head.” The limitation should be changed to recite one or the other for clarity.
Claims 3 and 8 recites “the immobilizing bearing of the adaptor” this should be the adaptor immobilizing bearing.
Claim 8 recites “the length adaptor is” this should be “the length adaptors are” since claim 1 recites “length adaptors.”
Appropriate correction is required.
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 1-8 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.
Claim 1 recites “wherein the bearing” this lack antecedent basis. It is unclear if this “bearing” is the same bearing as the “an adaptor immobilizing bearing.” For examination it will be interpreted as the adaptor immobilizing bearing.
Claim 1 recites a lower tensioner gear and an upper head gear, then later recites “the gear.” It is unclear which gear is being recited.
Claim 1 recites the crusher head and its components. It is unclear how the two cams adjust the immobilization of the adaptor and the structural relations of the pistachio pressure depth adjustment mechanism to the crusher head and components in order for it adjust pressure. It would be useful to state that the pressure depth adjustment is across from the length adaptor which applies pressure to both ends of the pistachio. And that the rotation of two cams enables the immobilizing bearing to engage or disengage with the immobilizing adaptor.
Claim 4 recites “the gear,” it is unclear which gear (lower tensioner gear or upper head gear) is being recited.
Claim 6 recites “the feed bin” it is unclear if this is a new limitation or if it is referring to “the bin” recited in claim 1.
Claims 2-3, 5, and 7-8 are rejected due to dependency.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose the combination of a round crusher head that includes: length adaptors with return spring; an immobilizing bearing adaptor, and an adaptor immobilizing bearing around a rotation axis of the head; a pistachio pressure depth adjustment mechanism disposed at a top of a periphery of the gear, which includes a thrust bearing adjustable by utilizing a screw, a pressure bearing base, and a wedge, wherein the round crusher head is configured to apply pressure to both ends of a pistachio simultaneously with an adjustable depth of pressure.
Filice discloses a walnut crushing machine with chains that hold the walnut and a cracking head 78 with spring fingers 92 that hold down the nut which is then cracked by a striker 100 (Fig. 7). However, Filice does not have an elongated hollow cantilever and return spring to hold the nut, a depth adjustment mechanism with a screw, and immobilizing bearing adaptor or immobilizing bearing.
Meyer discloses a nut cracking machine with a receptacle for individual nuts (Fig. 7) on a chain where the nut is crushed by a die 18’ (Fig. 14-16), where die has serrated teeth to help exert cracking pressure (Fig. 18). However, Meyer does not disclose that the cracking head has an adaptor immobilizing bearing where the bearing is has two cams that adjusts the immobilization of the adaptor. Nor does it disclose the depth adjustment mechanism.
Savage discloses a nut cracking mechanism with receptacles that hold the individual nuts and a piston for cracking the nut (Fig. 18). However, Savage does not disclose that the cracking head has an adaptor immobilizing bearing where the bearing is has two cams that adjusts the immobilization of the adaptor. Nor does it disclose that the crushing head has a depth adjustment mechanism.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIMPSON A CHEN whose telephone number is (571)272-6422. The examiner can normally be reached Mon-Fri 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761