Prosecution Insights
Last updated: April 19, 2026
Application No. 18/392,183

DEFLECTION DISTRIBUTOR REFITTING KIT FOR A ROLLER CRUSHER, A ROLLER CRUSHER AND METHOD FOR MOUNTING SUCH KIT

Non-Final OA §102§103§112§DP
Filed
Dec 21, 2023
Examiner
BAPTHELUS, SMITH OBERTO
Art Unit
3725
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Metso Sweden AB
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
200 granted / 299 resolved
-3.1% vs TC avg
Strong +42% interview lift
Without
With
+41.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
22 currently pending
Career history
321
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
44.0%
+4.0% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
34.5%
-5.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 299 resolved cases

Office Action

§102 §103 §112 §DP
DETAILED ACTION This office action is in response to the application and claims filed on September 25, 2020. Claims 1-20 are pending, with claims 1, 13 and 16 in independent claim form. 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 . Information Disclosure Statement The information disclosure statements filed have been considered. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “25,26 and 25’,26’” has been used to designate both the same part in figure 2. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “26,26’” has been used to designate both “level” and “shank” in Para [0139]. 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. 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. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The abstract of the disclosure is objected to because of : the language of “Disclosed is a deflection distributor refitting kit for a roller crusher. According to the disclosure the deflection distributor refitting kit comprises… Also disclosed is a method” in lines 1 and 6. Appropriate correction is required. Claim Objections The claims are objected to because of the following informalities: Claims 8-10 line 1, recited the limitation of “The deflection distributor refitting kit for a roller crusher according to claim 1“ is suggested to be replaced with “The deflection distributor refitting kit according to claim 1“ to be more consistent. Claim 11 in lines 2-3, recited the limitations “claim 1, wherein the deflection distributor refitting kit further comprises a control system” is suggested to be replaced with “claim 1, further comprises a control system”. Claim 15 line 1, recited the limitation of “The method according to claim 13 wherein the method further comprises the mounting of a control system“ is suggested to be replaced with “The method for mounting a deflection distributor refitting kit according to claim 13, further comprises mounting a control system“. Claim 20 line 1, recited the limitation of “A roller crusher according to claim 16, wherein the roller crusher further comprises a control system“ is suggested to be replaced with “The roller crusher according to claim 16, further comprises a control system “. 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. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of the mounts” in claim 13 line 9. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 76-82 of U.S. Application No. 16/762692 and Claims 13, 16 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13 and 17-18 of U.S. Application No. 18/165988. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in the claims mentioned above of the instant application are also recited in the claims mentioned above of the reference application. Instant Application Reference Application 16/762692 Reference Application 18/165988 1. A deflection distributor refitting kit for a roller crusher, comprising: a deflection distributing shaft; thrust rods each having first and second ends; and mounts for attachment of said deflection distributing shaft at a first and a second side of a frame of said roller crusher, wherein a first end of each of said thrust rods is attached to said deflection distributing shaft via a lever, and wherein a second end of each of said thrust rods is arranged to be attached to a movable bearing housing of said roller crusher. 76. (Currently Amended) A deflection distributor refitting kit for a roller crusher having a movable crusher roll mounted between first and second movable bearing housings located on opposite first and second sides of a frame of the crusher, comprising: a deflection distributing shaft having a first end and a second end; a first thrust rod and a second thrust rod each positionable on one of said opposite first and second sides of said crusher, each thrust rod having a first end and a second end; a first pivot bracket arranged to be attached to said first movable bearing housing and a second pivot bracket arranged to be attached to said second movable bearing housing; and mounts for attachment of said deflection distributing shaft at said first side and said second side of said roller crusher, wherein said a-first end of said first thrust rod is attached to said first end of said deflection distributing shaft via a first lever and said first end of said second thrust rod is attached to said second end of said deflection distributing shaft via a second lever, and wherein said second end of each of said first and second thrust rods is attached to one of said first and second pivot brackets. 2. The deflection distributor refitting kit according to claim 1, wherein said deflection distributing shaft is rotatably suspended in said mounts. 77. (Previously Presented) The deflection distributor refitting kit according to claim 76 wherein said deflection distributing shaft is rotatably suspended in said mounts. 3. The deflection distributor refitting kit according to claim 1, further comprising at least one replacement roll for a roll crusher, which roll has a flange attached to each end thereof, and which flange extends in a radial direction of the roll and has a height above an outer surface of the roll. 78. (Previously Presented) The deflection distributor refitting kit according to claim 76, further comprising at least one replacement roll for the roll crusher, which at least one replacement roll has a flange attached to each end thereof, and which flange extends in a radial direction of the roll and has a height above an outer surface of the roll. 4. The deflection distributor refitting kit according to claim 1, wherein at least one accumulator is arranged to be connected to the hydraulic system of the roller crusher. 79. (Previously Presented) The deflection distributor refitting kit according to claim 76, wherein at least one accumulator is arranged to be connected to a hydraulic system of the roller crusher. 5. The deflection distributor refitting kit according to claim 1, further comprising a cross bar arranged to extend between moveable bearing housings and wherein said second end of each of said thrust rods is arranged to be attached to said cross bar. 80. (Currently Amended) The deflection distributor refitting kit according to claim 76, further comprising a cross bar arranged to extend between moveable bearing housings and wherein said second end of each of said first and second thrust rods is arranged to be attached to said cross bar. 6. The deflection distributor refitting kit according to claim 5, wherein said crossbar is arranged to be pivotably connected to each of the moveable bearing housings. 81. (Currently Amended) The deflection distributor refitting kit according to claim 80, wherein said cross bar is arranged to be pivotably connected to each of the first and second moveable bearing housings. 7. The deflection distributor refitting kit according to claim 1, wherein an offset bracket is arranged to be mounted at each of the moveable bearing housings and said second end of each thrust rod is connected to a corresponding offset bracket. 82. (Previously Presented) The deflection distributor refitting kit according to claim 76, wherein an offset bracket is arranged to be mounted at each of the moveable bearing housings and said second end of each thrust rod is connected to a corresponding offset bracket. 13. A method for mounting a deflection distributor refitting kit to a roller crusher, said roller crusher comprising a frame; a first and a second crusher roll arranged axially in parallel with each other, said first crusher roll being supported in bearing housings arranged in the frame, said second crusher roll being supported in bearing housings which are configured to be movable; and a hydraulic system configured to adjust the position of the second crusher roll and a crushing pressure between the two crusher rolls; wherein the method comprises attaching the second ends of the thrust rods to the movable bearing housings respectively; and attaching the deflection distributing shaft at said frame by means of the mounts. 13. (Currently Amended) A method for mounting a deflection distributor refitting kit to a roller crusher, the roller crusher comprising a frame, a first crusher roll and a second crusher roll arranged axially in parallel with each other, the first crusher roll being rotatably arranged in and supported by first bearing housings which are arranged in the frame, the second crusher roll being rotatably arranged in and supported by movable second bearing housings which are arranged to be movable in relation to the frame for varying a gap width between the first and second crushing roll, and a hydraulic system arranged between the frame and the movable bearing housings and configured to exert a pressure on the movable bearing housings for adjusting the position of the second crusher roll and a crushing pressure between the two crusher rolls, the method comprising: providing a deflection distributor including a deflection distributing shaft, mounts for rotatably attaching the deflection distributing shaft at the frame of the roller crusher, a pair of levers each having a first end and a second end, and thrust rods each having first and second ends, wherein the levers are rigidly attached to the deflection distributing shaft by their respective first ends and wherein a first end of each of the thrust rods is attached to a second end of a respective lever; attaching the second ends of the thrust rods to the movable bearing housings respectively; and attaching the deflection distributing shaft to the frame by means of the mounts such that the deflection distributing shaft is rotationally attached to the mounts and the mounts are stationary in relation to the frame, such that each of the attached thrust rods and the movable bearing housings of said roller crusher are constrained to move simultaneously on each side of said roller crusher in a substantially linear path. 16. A roller crusher, said roller crusher comprising; a frame; first and second crusher rolls arranged axially in parallel with each other, said first crusher roll being supported in bearing housings which are arranged in the frame, said second crusher roll being supported in bearing housings which are configured to be movable; an active hydraulic system configured to adjust the position of the second crusher roll and a crushing pressure between the two crusher rolls; and a deflection distributor, wherein said deflection distributor comprises a deflection distributing shaft, mounts for attaching said deflection distributing shaft at said frame of said roller crusher and thrust rods each having first and second ends, wherein a first end of each of said thrust rods is attached to said deflection distributing shaft via a lever, and wherein a second end of each of said thrust rods is attached to a movable bearing housing of said second crusher roll. 17. (Currently Amended) A roller crusher, the roller crusher comprising; a frame; a first crusher roll and a second crusher roll arranged axially in parallel with each other, the first crusher roll being rotatably arranged in and supported by first bearing housings which are arranged in the frame, the second crusher roll being rotatably arranged in and supported by movable second bearing housings which are configured to be movable in relation to the frame for varying a gap width between the first and second crushing rolls; a hydraulic system arranged between the frame and the movable second bearing housings and configured to exert a pressure on the movable second bearing housing for adjusting the position of the second crusher roll and a crushing pressure between the two crusher rolls; and a deflection distributor, wherein the deflection distributor comprises a deflection distributing shaft, mounts for rotatably attaching the deflection distributing shaft at the frame of the roller crusher such that the deflection distributing shaft is rotationally attached to the mounts and the mounts are stationary in relation to the frame, levers each having a first end and a second end, and thrust rods each having a first end and a second end, wherein the levers are rigidly attached to the deflection distributing shaft by their respective first ends, wherein the first end of each of the thrust rods is attached to the second end of the respective lever, and wherein the second end of each of the thrust rods is attached to a respective one of the a movable bearing housings of the second crusher roll; and wherein each of the thrust rods and the movable bearing housings of said roller crusher are constrained to move simultaneously on each side of said roller crusher in a substantially linear path. 17. The roller crusher according to claim 16, wherein the deflection distributor is connected to the second roll in a manner parallel with the active hydraulic system. 18. (Currently Amended) The roller crusher according to claim 17, wherein the deflection distributor is connected to the second roll to adjust the position of the second crusher roll in a direction parallel to a direction of the pressure exerted on the movable second bearing housings by the hydraulic system. 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 1-20 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. Claim 1 in line 6, recited the limitations “a first end of each of said thrust rods” is indefinite, it is unclear if the “first end” is the same first end recited in line 3 or a new limitation. Claim 1 in line 7, recited the limitations “a second end of each of said thrust rods” is indefinite, it is unclear if the “second end” is the same second end recited in line 3 or a new limitation. Claim 3 in line 2, recited the limitations “a roll crusher” is indefinite, it is unclear if Applicant is referring to the roller crusher of lines 1 or 5 of claim 1 or a new limitation. Claim 4 in line 2, recited the limitations "the hydraulic system". There is insufficient antecedent basis for this limitation in the claim. Claim 5 in line 2, recited the limitations “moveable bearing housings” is indefinite, it is unclear if Applicant is referring to the moveable bearing housings of claim 1 line 8 or additional moveable bearing housings. Claim 6 in line 2, recited the limitations “each of the moveable bearing housings” is indefinite, it is unclear if the moveable bearing housing of claim 1 is included. Claim 11 in lines 2-3, recited the limitations “the first and second crusher rolls”. There is insufficient antecedent basis for this limitation in the claim. Claim 11 in line 4, recited the limitations “said hydraulic system”. There is insufficient antecedent basis for this limitation in the claim. Claim 11 lines 2-5,claim 15 lines 2-5 and claim 20 lines 2-4, recited the limitations “a control system configured to monitor a skew of the first and second crusher rolls and wherein the control system is further configured to reduce pressure in said hydraulic system on said first or second side in response to a determination that the skew exceeds a predefined threshold value” is indefinite, no structure of the control system is recited for the operation of monitoring, reducing and determining. Claim 12 in lines 2-3, recited the limitations “the moveable crusher roll”. There is insufficient antecedent basis for this limitation in the claim. The claim is also indefinite, it is unclear which of the crusher roll is moveable, is it the first or second crusher roll recited in claim 11. Clarity is needed. Claim 13 in line 7, recited the limitations “the thrust rods”. There is insufficient antecedent basis for this limitation in the claim. Claim 16 in line 6, recited the limitations “an active hydraulic system” is indefinite, it is unclear what additional limitation “active” bring to the hydraulic system or it is unclear what the limitation “active” stand for. Same for claims 17-18. Claim 18 in line 2, recited the limitations “each movable bearing”. There is insufficient antecedent basis for this limitation in the claim. Claim 18 in line 2, recited the limitations “each of the thrust rods is arranged between the two hydraulic cylinders on the respective side of the second crusher roll, preferably midway between the two hydraulic cylinders on the respective side of the second crusher roll” is indefinite, the claim discloses a broad and narrow limitations at the same time render unclear the metes and bound of the claim. Clarity is needed. Claims not specifically recited are rejected as being dependent upon a rejected base claim. Appropriate clarification is required. Claim Rejections - 35 USC § 102 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 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. Claims 1-2, 4,7-9, 11-17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gundlach et al. US Patent (3,417,928) hereinafter Gundlach. Regarding claim 1, Gundlach discloses a deflection distributor refitting kit for a roller crusher (fig.3), comprising: a deflection distributing shaft (82); thrust rods (76, the thrust rods are considered to be on both sides connected to the pair of journal boxes/housing element 64 see col.5 lines 15-22 and 64-75) each having first and second ends; and PNG media_image1.png 409 637 media_image1.png Greyscale mounts (see fig.3) for attachment of said deflection distributing shaft (82) at a first and a second side of a frame (52, see fig.3) of said roller crusher, wherein a first end of each of said thrust rods (76) is attached to said deflection distributing shaft (82) via a lever (80,81), and wherein a second end of each of said thrust rods (76) is arranged to be attached to a movable bearing housing (64) of said roller crusher. Regarding claim 2, Gundlach further discloses wherein said deflection distributing shaft (82) is rotatably suspended in said mounts (see col.5 lines 64-74). Regarding claim 4, Gundlach further discloses wherein at least one accumulator (92) is arranged to be connected to the hydraulic system (see fig.3-4) of the roller crusher (see col.6 lines 19-31). Regarding claim 7, Gundlach further discloses wherein an offset bracket (77) is arranged to be mounted at each of the moveable bearing housings (64) and said second end of each thrust rod (76) is connected to a corresponding offset bracket (77). Regarding claim 8, Gundlach further discloses wherein said first end of each of said thrust rods (76) is attached to said lever (80,81) via a lever arm (81). Regarding claim 9, Gundlach further discloses wherein a first portion (portion in direct connection with element 82) of said lever arm (81) is arranged to be connected to the frame (52) of the roller crusher and a second portion (portion in direct connection with element 80) of said lever arm is connected to said lever (80,81, all portions are connected to the lever arm and frame as all the components of the crusher are connected together). Regarding claim 11, Gundlach further discloses a control system (control means see col.6 lines 3-18) configured to monitor a skew of the first and second crusher rolls (see col.6 lines 3-31, the system is capable of control the skew since it discloses valve manifold/regulator (85,87) on each side to control the hydraulic flow/pressure independently) and wherein the control system (control means see col.6 lines 3-18) is further configured to reduce pressure in said hydraulic system on said first or second side (the hydraulic cylinder chamber 67 of fig.3 has two lines (90,97) to supply and withdrawn hydraulic fluids, as one line is supplying hydraulic on one side, increasing the pressure, the other line is withdrawing hydraulic, decreasing/reducing the pressure) in response to a determination that the skew exceeds a predefined threshold value (the system is capable of control the skew since it discloses valve manifold/regulator (85,87) on each side to control the hydraulic flow/pressure). Regarding claim 12, Gundlach further discloses wherein the control system (control means see col.6 lines 3-18) is configured to reduce pressure in the hydraulic system on the side where the moveable crusher roll is least deflected (the hydraulic system is connected to the moveable crusher roll therefore it is capable of the pressure reduction). Regarding claim 13, Gundlach discloses a method for mounting a deflection distributor refitting kit (76,77,80,82,83) to a roller crusher (fig.3), said roller crusher comprising a frame (52, see fig.3); a first and a second crusher roll (62,63) arranged axially in parallel with each other (parallel shafts see fig.3), said first crusher roll (63) being supported in bearing housings (65) arranged in the frame (52), said second crusher roll (62) being supported in bearing housings (64) which are configured to be movable (see col.5 lines 20-22); and a hydraulic system (fig.4 or 67,71) configured to adjust the position of the second crusher roll (62) and a crushing pressure between the two crusher rolls (62,63, see col.5 lines 28-33, it required pressure to crush material as recited); wherein the method comprises attaching the second ends of the thrust rods (76,80) to the movable bearing housings (64) respectively (see fig.3); and attaching the deflection distributing shaft (82) at said frame (52) by means of the mounts (see fig.3 in claim 1). Examiner notes the limitation "kit" has been interpreted to mean a collection of elements, for the purpose of examining the claims and advancing prosecution. Regarding claim 14, Gundlach further discloses wherein said deflection distributor refitting kit (76,80 of element 76,77,80,82,83) is mounted in parallel to the hydraulic system (71 of element 67,71) of the roller crusher (see fig.3 of claim 1). Regarding claim 15, Gundlach further discloses wherein the method further comprises the mounting of a control system (control means see col.6 lines 3-18) for the hydraulic system (see fig.4), wherein said control system (control means see col.6 lines 3-18) being configured to monitor a skew of the first and second crusher rolls (62,63) and wherein the control system (control means see col.6 lines 3-18) further being configured to reduce pressure in said hydraulic system on said first or second side (the hydraulic cylinder chamber 67 of fig.3 has two lines (90,97) to supply and withdrawn hydraulic fluids, as one line is supplying hydraulic on one side, increasing the pressure, the other line is withdrawing hydraulic, decreasing/reducing the pressure) in response to a determination that the skew exceeds a predefined threshold value (the system is disclosed of valve manifold/regulator (85,87) on each side to control the hydraulic flow/pressure independently the extension and retraction of the movable bearing housings. The system with the regulator is capable of supply the same amount of hydraulic fluid independently with the regulator in the system, to prevent skew). Regarding claim 16, Gundlach discloses a roller crusher (fig.3), said roller crusher comprising; a frame (52, see fig.3); first and second crusher rolls (62,63) arranged axially in parallel with each other (parallel shafts see fig.3), said first crusher roll (63) being supported in bearing housings (65) which are arranged in the frame (52), said second crusher roll (62) being supported in bearing housings (64) which are configured to be movable (see col.5 lines 20-22); an active hydraulic system (fig.4 or 67,71) configured to adjust the position of the second crusher roll (62) and a crushing pressure between the two crusher rolls (62,63, see col.5 lines 28-33, it required pressure to crush material as recited); and a deflection distributor (76,77,80,82,83 and the mounts see fig.3 of claim 1), wherein said deflection distributor comprises a deflection distributing shaft (82), mounts (see fig.3) for attaching said deflection distributing shaft at said frame (52) of said roller crusher and thrust rods (76) each having first and second ends (see fig.3), wherein a first end of each of said thrust rods (76) is attached to said deflection distributing shaft (82) via a lever (80,81), and wherein a second end of each of said thrust rods (76) is attached to a movable bearing housing (64) of said second crusher roll (62). Regarding claim 17, Gundlach further discloses wherein the deflection distributor (76,77,80,82,83 and the mounts see fig.3 of claim 1) is connected to the second roll (62) in a manner parallel with the active hydraulic system (see 76,80 and 67,71 in fig.3 of claim 1). Regarding claim 20, Gundlach further discloses wherein the roller crusher (fig.3) further comprises a control system (control means see col.6 lines 3-18) configured to monitor a skew of the first and second crusher rolls (see col.6 lines 3-31, the system is capable of control the skew since it discloses valve manifold/regulator (85,87) on each side to control the hydraulic flow/pressure independently) and wherein the control system (control means see col.6 lines 3-18) is further configured to reduce pressure in said hydraulic system on said first or second side (the hydraulic cylinder chamber 67 of fig.3 has two lines (90,97) to supply and withdrawn hydraulic fluids, as on line is supplying hydraulic on one side, increasing the pressure, the other line is withdrawing hydraulic, decreasing/reducing the pressure) in response to a determination that the skew exceeds a predefined threshold value (the system is capable of control the skew since it discloses valve manifold/regulator (85,87) on each side to control the hydraulic flow/pressure). 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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al. US Patent (3,417,928) hereinafter Gundlach in view of Dediemar et al. US Patent (3,700,182) hereinafter Dediemar. Regarding claim 18, The prior art Gundlach discloses all limitations in claim 16, Gundlach further discloses wherein the active hydraulic system (fig.4 or 67,71) of the roller crusher comprises two hydraulic cylinders (see fig.4) for each movable bearing (64) on the respective sides of the second crusher roll (62), Gundlach does not disclose each of the thrust rods to be arranged midway between the two hydraulic cylinders on the respective side of the second crusher roll. Gundlach and Dediemar disclose both analogous art in the field of endeavor of the claimed invention (i.e. roller crusher). Dediemar, in a similar art, teaches a roller crusher (fig.2) each of the thrust rods (50) to be arranged midway between the two hydraulic cylinders (70) on the respective side of the second crusher roll (18). Dediemar teaches the arrangement of the thrust rods and hydraulic cylinders to provide proper clearances between rolls during operation (see Col.1 line 68 and col.2 line 1), therefore it would have been obvious to the skilled artisan before the effective filing date to construct the roller crusher of Gundlach with the arrangement of each of the thrust rods to be arranged midway between the two hydraulic cylinders on the respective side of the second crusher roll as taught by Dediemar, as it would be beneficiary to Gundlach to be able to provide proper clearances between rolls during operation and render operation more efficient. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al. US Patent (3,417,928) hereinafter Gundlach in view of Frazee US Patent (1,014,383) hereinafter Frazee. Regarding claim 3, The prior art Gundlach discloses all limitations in claim 1, Gundlach further discloses at least one replacement roll (62) for a roll crusher (see fig.3) however Gundlach does not disclose the roll to have a flange attached to each end thereof, and which flange extends in a radial direction of the roll and has a height above an outer surface of the roll. Gundlach and Frazee disclose both analogous art in the field of endeavor of the claimed invention (i.e. roller crusher). Frazee, in a similar art, teaches a roll crusher (see fig.1-2) with a roll (2) to have a flange (12) attached to each end (see fig.1-2) thereof, and which flange (12) extends in a radial direction of the roll (2) and has a height above an outer surface of the roll (see fig.2). Frazee teaches the roll to have the flange to entirely prevent any ridges from forming at the edges of the rolls (see pag. 2 lines 89-98), therefore it would have been obvious to the skilled artisan before the effective filing date to construct the roll crusher of Gundlach with rolls to have flanges as taught by Frazee, as it would be beneficiary to Gundlach to be able to entirely prevent any ridges from forming at the edges of the rolls and render operation more efficient. Claims 5-6, 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al. US Patent (3,417,928) hereinafter Gundlach in view of Marmon et al. US Patent (0,305,320) hereinafter Marmon. Regarding claim 5, The prior art Gundlach discloses all limitations in claim 1, Gundlach is silent about a cross bar to be arranged to extend between moveable bearing housings and wherein said second end of each of said thrust rods is arranged to be attached to said cross bar. Gundlach and Marmon disclose both analogous art in the field of endeavor of the claimed invention (i.e. roller crusher). Marmon, in a similar art, teaches a roller crusher (fig.2) with a cross bar (J1 or J2) to be arranged to extend between moveable bearing housings (E) and wherein said second end of each of said thrust rods (I) is arranged to be attached to said cross bar (J1 or J2). Marmon teaches the roller crusher with the cross bar as an improvement to roller mills (see pag. 1 lines 1-17), therefore it would have been obvious to the skilled artisan before the effective filing date to construct the roller crusher of Gundlach with a cross bar as taught by Marmon, as it would be beneficiary to Gundlach as an improvement to roller mills for more efficiency. Regarding claim 6, The prior art Gundlach as modified by Marmon discloses all limitations in claim 5, Gundlach in view of Marmon further discloses wherein said crossbar (J1 or J2) is arranged to be pivotably (pivot H) connected to each of the moveable bearing housings (E). Regarding claim 10, The prior art Gundlach discloses all limitations in claim 9, Gundlach discloses wherein said first end of each of said thrust rods (76) is attached to said lever arm (81), however Gundlach does not disclose said first end of each of said thrust rods is attached to said lever arm at a position between said first portion and said second portion. Marmon, in the similar art, teaches a roller crusher (fig.2) with a first end of each of thrust rods (I) to be attached to a lever arm (I1) at a position between a first portion and a second portion (see fig.2). Marmon teaches the roller crusher with the thrust rods to be attached to said lever arm at the position between said first portion and said second portion as an improvement to roller mills (see pag. 1 lines 1-17), therefore it would have been obvious to the skilled artisan before the effective filing date to construct the roller crusher of Gundlach with a first end of each of thrust rods to be attached to a lever arm at a position between a first portion and a second portion as taught by Marmon, as it would be beneficiary to Gundlach as an improvement to roller mills for more efficiency. Regarding claim 19, The prior art Gundlach discloses all limitations in claim 16, Gundlach is silent about wherein a crossbar arranged extending between the moveable bearing housings and wherein said second end of each of said thrust rods is attached to said movable bearing housing of said second crusher roll through said crossbar. Marmon, in the similar art, teaches a roller crusher (fig.2) with a cross bar (J1 or J2) arranged to extending between moveable bearing housings (E) and wherein said second end of each of said thrust rods (I) is attached to said movable bearing housing (E) of said second crusher roll (fig.2) through said cross bar (J1 or J2). Marmon teaches the roller crusher with the cross bar as an improvement to roller mills (see pag. 1 lines 1-17), therefore it would have been obvious to the skilled artisan before the effective filing date to construct the roller crusher of Gundlach with a cross bar as taught by Marmon, as it would be beneficiary to Gundlach as an improvement to roller mills for more efficiency. Conclusion Prior Art US 2,537,779 is also relevant as it shows hydraulic cylinders and thrust rods. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Smith O. BAPTHELUS whose telephone number is (571)272-5976. The examiner can normally be reached Mon - Fri 9:00-6:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher L. Templeton can be reached at (571)270 1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. November 25, 2025 /BSO/Examiner, Art Unit 3725 /Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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Prosecution Timeline

Dec 21, 2023
Application Filed
Dec 05, 2025
Non-Final Rejection — §102, §103, §112 (current)

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