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 .
Response to Amendment
The amendment filed on 12/17/2025 has been entered. Claim 19, 26, 29, and 35-36 have been amended. Claim 22-23 have been canceled. Claims 21-22 have been added.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered because new limitations have been added to independent claims 19.
Applicant's arguments filed on 12/17/2025 have been fully considered but they are not persuasive. New limitations have been added to independent claims 19. “A horizontal plane is smaller in the folded position than in the unfolded conveying position”, is not described in specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 19 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 recites “Wherein: an angle of inclination between the first conveyor portion (26) and a horizontal plane is smaller in the folded position than in the unfolded conveying position”, is not described in specification.
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) 19-30, 32, and 35-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larry (US 3841464).
Regarding claim-19. Larry discloses a mobile (20, Fig.2) material processing apparatus (12, Fig.1-2; Col.2 line10-21) comprising:
a base part (Fig.1-2);
a conveyor (46, Fig.1-2) for conveying material in a direction of conveyance between a pick-up area and a discharge area of the conveyor (Fig.2), the conveyor being connected to the base part such that the conveyor may swivel about a first swivel axis (36, Fig.1-2) relative to the base part; wherein the conveyor includes a first conveyor portion (26, Fig.1-2) and a second conveyor portion (29, Fig.1-2) connected together (via 78 and 72, Fig.2) such that the second conveyor portion may swivel about a second swivel axis (44, Fig.1-2) relative to the first conveyor portion between a folded-down folded position and an unfolded conveying position (See Fig.1-2 for Folding and Unfolding); and
a tension element (21 and 70, Fig.2) connected on one end to the base part and on another end to the second conveyor portion at a tension connection spaced apart from the first swivel axis and the second swivel axis (See Fig.1-2).
wherein a distance between the tension connection and the first swivel axis (36) is smaller in the folded position than in the unfolded conveying position (See Fig.1-2); and
wherein: an angle of inclination between the first conveyor portion (26) and a horizontal plane is smaller in the folded position than in the unfolded conveying position (See Fig.1-2 for angle with Folding and Unfolding; any position with respect to a plane can be considered a folding or unfolding conveying position).
Regarding claim-20. Larry discloses wherein: the first conveyor portion (26) includes a first pick-up end and a transfer end (Fig.1-2); the second conveyor portion (29) includes a second pick-up end and a discharge end (Fig.1-2); and the transfer end of the first conveyor portion is connected to the second pick-up end of the second conveyor portion (See Fig.1-2).
Regarding claim-21. Larry discloses wherein: the second swivel axis (44) forms an angle of at most +5 with the first swivel axis (36); the first swivel axis forms an angle of at most +5 with a horizontal plane; and the first swivel axis forms an angle in a range of from 85 to 95 with the direction of conveyance of the conveyor (See Fig.1-2 for angle).
Regarding claim-24. Larry discloses wherein: the first conveyor portion (26/46) includes a first pick-up end and a transfer end (Fig.1-2); and the first swivel axis (36/30) is spaced apart from the first pick-up end of the first conveyor portion in the direction of conveyance (See Fig.1-2).
Regarding claim-25. Larry discloses wherein: the first conveyor portion (26) includes a first top face, a first underside and a first central plane extending centrally between the first top face and the first underside; the second conveyor portion (29) includes a second top face, a second underside and a second central plane extending centrally between the second top face and the second underside; and the second swivel axis (44) and the tension connection are located above the first and second central planes in the unfolded conveying position of the second conveyor portion (See Fig.1-2).
Regarding claim-26. Larry discloses wherein: the second conveyor portion (29) in the unfolded conveying position is articulated in a self-locking manner to the first conveyor portion (26) such that a self-acting displacement of the second conveyor portion relative to the first conveyor portion in the direction of the folded-down folded position is prevented (via hydraulic piston and cylinder assemblies 64, Fig.1-2).
Regarding claim-27. Larry discloses wherein: the first conveyor portion (26) has a first center of mass on which a first weight force acts; the second conveyor portion (29) has a second center of mass on which a second weight force acts; the tension element (21 and 70) exerts a tension force on the tension connection, the tension force creating a moment with respect to the first swivel axis in equilibrium with a sum of moments of the first and second weight forces with respect to the first swivel axis; and at least when the second conveyor portion is in the unfolded conveying position a sum of a moment of the second weight force with respect to the second swivel axis and a moment of the tension force with respect to the second swivel axis is equal to zero or has a positive magnitude and is directed in a direction of swiveling of the second conveyor portion into the unfolded conveying position such that self-locking is achieved (See Fig.1-2 for Folding and Unfolding via hydraulic piston and cylinder assemblies 64, Fig.1-2). ) .
Regarding claim-28. Larry discloses wherein: the second conveyor portion (29) has a length in the direction of conveyance and the tension connection is spaced apart from the second swivel axis (44) in the direction of conveyance by a distance no further than 30% of the length of the second conveyor portion (See Fig.1-2).
Regarding claim-29. Larry discloses wherein: the conveyor includes a folding mechanism (60 and 72, Fig.1-2) including a folding actuator configured to move the second conveyor portion (29) between the folded-down folded position and the unfolded conveying position (See Fig.1-2 for Folding and Unfolding).
Regarding claim-30. Larry discloses wherein: the folding mechanism includes a lever, the lever being swivel coupled to the folding actuator by a first swivel bearing and the lever being swivel coupled to the second conveyor portion (29) by a second swivel bearing, the second swivel bearing being spaced apart from the second swivel axis (Fig.1-2).
Regarding claim-32. Larry discloses wherein: the first conveyor portion (26) includes a first underside; and the folding actuator is located below the first underside of the first conveyor portion (See Fig.1-2).
Regarding claim-35. Larry discloses a method of adjusting a mobile (20) material processing apparatus (12, Fig.1-2; Col.2 line10-21), the apparatus including a base part (Fig.1-2), a conveyor (46) for conveying material in a direction of conveyance between a pick-up area and a discharge area of the conveyor (Fig.1-2), the conveyor being connected to the base part such that the conveyor may swivel about a first swivel axis (36) relative to the base part, the conveyor including a first conveyor portion (26) and a second conveyor portion (29) connected together such that the second conveyor portion may swivel about a second swivel axis (44) relative to the first conveyor portion between a folded-down folded position and an unfolded conveying position (See Fig.1-2 for folding and unfolding), and a tension element (21 and 70, Fig.2) connected on one end to the base part and on another end to the second conveyor portion at a tension connection spaced apart from the first swivel axis and the second swivel axis, the method comprising: swiveling the second conveyor portion about the second swivel axis relative to the first conveyor portion from the unfolded conveying position to the folded-down folded position such that a distance between the tension connection and the first swivel axis is reduced (See Fig.2); and reducing an angle of inclination between the first conveyor portion and a horizontal plane as a result of reducing the distance between the tension connection and the first swivel axis during the swiveling (See Fig.1-2 for angle).
Regarding claim-36. Larry discloses further comprising: swiveling the second conveyor portion (29) about the second swivel axis (44) relative to the first conveyor portion (26) from the folded-down folded position to the unfolded conveying position such that the distance between the tension connection and the first swivel axis is increased (See Fig.1-2); and increasing the angle of inclination between the first conveyor portion and the horizontal plane as a result of increasing the distance between the tension connection and the first swivel axis (See Fig.1-2).
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(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larry (US 3841464) in view of Anthony (US 20090308718).
Regarding claim-31. Larry does not disclose wherein: the folding mechanism includes a guide link swivel coupled to the first conveyor portion by a third swivel bearing and swivel coupled to the lever by a fourth swivel bearing, such that during a swiveling of the second conveyor portion about the second swivel axis the lever is guided relative to the first conveyor portion by the guide link such that the fourth swivel bearing moves in a circular path relative to the first conveyor portion.
Anthony discloses a material processing system (Fig.1) and also, teaches wherein: the folding mechanism includes a guide link swivel (62,63,64) coupled to the first conveyor portion by a third swivel bearing and swivel coupled to the lever by a fourth swivel bearing, such that during a swiveling of the second conveyor portion about the second swivel axis the lever is guided relative to the first conveyor portion by the guide link such that the fourth swivel bearing moves in a circular path relative to the first conveyor portion (See Fig.5a-c).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to additionally provide Larry apparatus with guide link as taught by Anthony for purpose in which conveyor frame may be folded in the transport position within the width of the apparatus.
Claim(s) 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larry (US 3841464) in view of Gary (US 20060180436).
Regarding claim-33. Larry does not discloses further comprising: a machine frame; wherein the base part is mounted on the machine frame such that the conveyor is swivelable relative to the machine frame about a third swivel axis between an operating position and a transport position; and wherein the third swivel axis forms an angle in a range of from 85 to 95 with the first swivel axis and the third swivel axis forms an angle of at most +5 with vertical.
Gary discloses a mobile material processing system (Fig.1) and also, teaches a machine frame (Fig.1); wherein the base part is mounted on the machine frame such that the conveyor (20) is swivelable relative to the machine frame about a third swivel axis (48) between an operating position and a transport position (Fig.2); and wherein the third swivel axis forms an angle in a range of from 85 to 95 with the first swivel axis and the third swivel axis forms an angle of at most +5 with vertical (Fig.2, and 4).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to additionally provide Larry apparatus with swivelable as taught by Garry for purpose to reduce the number of components necessary to enable folding, while providing substantial support for the conveyor in both the operational/extended position and the folded/travel configuration.
Regarding claim-34. Larry as modified discloses further comprising: a screening unit including a branch belt; a feed hopper; wherein in the operating position the pick-up area of the conveyor is located below the branch belt for receiving material from the screening unit, and the discharge area of the conveyor is located above the feed hopper for transferring received material to the feed hopper; and wherein in the transport position the conveyor is swiveled by at least 170 (as taught by Garry) about the third swivel axis with respect to the operating position (Fig.1-2).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MA/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651