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
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/25/2025.
Applicant argues that it would not be a serious burden to examine inventions I and II since the claims are similar. Applicant does not take into account of the examination of claims 9-14, the dependent claims which are not similar to the claims 2-7. Also, the fact that the invention groups are known to be combination and subcombination as they are sorter systems having distinct details therefore creating a serious burden in searching and being separate invention utility. For the foregoing reasons, the claims stand restricted.
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.
Claim(s) 1,2, 4, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Enomoto U.S. Patent No. 5,701,992.
Claim 1, Enomoto teaches a sorter system 3 for sorting a package, the sorter system 3 comprising: a frame 10 with frame sides 9 extending from a proximal end to a distal end Figs. 1and 4; a track at 32 disposed between the frame sides 9 in a looped configuration between the proximal end to the distal end Fig. 5; a plurality of carriages 1 disposed on the track at 32, each carriage 1 comprising; a belt drive motor 18 connected to a belt drive shaft of 18; a belt drive roller of 18; first and second belt support rollers 15a,b Fig. 7; a belt 16 disposed around the belt drive roller of 18, the first belt support roller 15a, and the second belt support roller 15b Fig. 7; and first and second power receivers 23 configured to direct power to the belt drive motor 18; a carriage power system 38 including a plurality of circuit boards (as known in control systems) each including a first power strip 32 and a second power strip 32, the first power strip 32 being configured to contact the first power receiver 23 of the carriage 1 passing thereon and the second power strip 32 being configured to contact the second power receiver 23 of the carriage 1 passing thereon C4 L25-67; and a belt controller system 41 configured to generate a control signal to selectively power the first or second power strip 32 of one of the circuit boards; wherein the belt drive motors 18 rotate the belt 16 in a first direction when powered by a first power and rotate the belt 16 in a second direction when powered by a second power C3 L5-20; C3 L35-45.
Claim 2, Enomoto teaches a plurality of chutes 4B disposed on each side of the conveying surface of 16 Fig. 4.
Claim 4, Enomoto teaches the first and second power receivers 23 are roller bearings C3 L45-65.
Claim 6, Enomoto teaches each belt drive roller 15a,b of 18 includes an outer circumference and a belt receiving channel (between roller and roller shaft as known on conveyor roller assemblies), the belt receiving channel configured to receive a drive connector coupling the belt drive roller 15a and the belt drive shaft of 18, and the outer circumference having a diameter larger than a diameter of the belt receiving channel(between roller and roller shaft as known on conveyor roller assemblies) Fig. 7.
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) 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto U.S. Patent No. 5,701,992 in view of Kalouche U.S. Patent No. 10,940,999.
Claim 3, Enomoto does not teach as Kalouche teaches the belt controller system 104 is remote from the carriages C8 L30-40. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Enomoto with the control system taught in Kalouche with a reasonable expectation of success because
Claim 5, Enomoto teaches each carriage 1 with electrically connecting the first power receiver 23 and the belt drive motor 18, but does not teach as Kalouche teaches further comprises a first power takeup and a second power takeup electrically connecting the first power receiver and the belt drive motor 18; wherein the first and second power takeups are conductive brushes CC10 L25-55. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Enomoto with the circuit system taught in Kalouche with a reasonable expectation of success because
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Enomoto U.S. Patent No. 5,701,992.
Claim 7, Enomoto teaches the carriages 1 have a width and the belts 16 have a width, but does not specify the width of the carriage of about 6 inches and the width of the belt of about 5 inches. It would have been obvious to one having ordinary skill in the art to specify the carriage and belt widths to optimize it ito the article being transported. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAVEL SINGH whose telephone number is (571)272-2362. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS