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 .
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 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.
Status of Claims
Claims 1 – 17 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/06/2023 was filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55
Claim Rejections - 35 USC § 102
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 16 – 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heikkila (WO 2021/176136 A1) citing equivalent (U. S. Patent Publication No. 2023/0092458 A1).
Regarding Independent Claim 16, Heikkila teaches a method of opening and closing material processing apparatus (crushing plant, 100; Fig. 1), the apparatus (100) including: a housing (housing, 120) including a first housing part (service hatch, 150) movable between an open position and a closed position (Paragraph [0061]) relative to a second housing part (restraining apparatus, 160), the housing defining a mounting space (crushing chamber, 130) accessible when the first housing part (150) is in the open position (Paragraph [0061]); at least one movable tool (beater element, 142) received in the mounting space (130) of housing (120; Fig. 1); a drive (horizontal shaft, 140) configured to drive the at least one movable tool (142; Fig. 1); a first actuator (first restraint, 210) configured in a locked actuation state to lock the first housing part (150) in the closed position and configured in an unlocked actuation state to unlock the first housing part (Paragraphs [0063] – [0065]); a second actuator (second restraint, 220) configured to at least permit an opening movement of the first housing part (150), the second actuator (220) being in a closed actuation state when the first housing part (150) is in the closed position and in an open actuation state when the first housing part (150) is in the open position (Paragraphs [0063] – [0065]); wherein the method comprises: opening the housing (120) by deactivating the drive (140), moving the first actuator (210) into the unlocked actuation state, and moving the second actuator (220) into the open actuation state; and closing the housing (120) by moving the second actuator (220) to the closed actuation state and moving the first actuator (210) to the locked actuation state (Paragraphs [0062] – [0065]).
Regarding Claim 17, Heikkila teaches the method wherein material processing apparatus (crushing plant, 100; Fig. 1) further includes a drive train (gear assembly; Paragraph [0086]) between the drive (140) and the at least one movable tool (142); tool setting device having an engaged position engaged with the drive train such that the tool setting device in the engaged position prevents driving of the at least one movable tool (142) by the drive (140; Paragraphs [0084] – [0091]) and/or prevents a motion of the at least one movable tool caused by inertial forces; and a third actuator (actuator, 510) movable between an engagement actuation state and a release actuation state (Paragraph [0085]), wherein in the engagement actuation state the third actuator (510) blocks the tool setting device in the engaged position and wherein in the release actuation state the third actuator (510) releases the tool setting device, the method further comprising: in the opening of the housing (120), before the first actuator (210) is moved into the unlocked actuation state, moving the third actuator (510) into the engagement actuation state; and in the closing of the housing (120), after the first actuator (210) has been moved into the locked actuation state, moving the third actuator (510) into the release actuation state (Paragraphs [0081] – [0085]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Heikkila (WO 2021/176136 A1) citing equivalent (U. S. Patent Publication No. 2023/0092458 A1) in view of Cohen et al. (U. S. Patent Publication No. 2006/0086850 A1).
Regarding Independent Claim 1, Heikkila teaches a material processing apparatus (crushing plant, 100; Fig. 1), comprising: a housing (housing, 120) including a first housing part (service hatch, 150) movable between an open position and a closed position (Paragraph [0061]) relative to a second housing part (restraining apparatus, 160), the housing defining a mounting space (crushing chamber, 130) accessible when the first housing part (150) is in the open position (Paragraph [0061]); at least one movable tool (beater element, 142) received in the mounting space (130) of housing (120; Fig. 1); a drive (horizontal shaft, 140) configured to drive the at least one movable tool (142; Fig. 1); a first actuator (first restraint, 210) configured in a locked actuation state to lock the first housing part (150) in the closed position and configured in an unlocked actuation state to unlock the first housing part (Paragraphs [0063] – [0065]); a second actuator (second restraint, 220) configured to at least permit an opening movement of the first housing part (150), the second actuator (220) being in a closed actuation state when the first housing part (150) is in the closed position and in an open actuation state when the first housing part (150) is in the open position (Paragraphs [0063] – [0065]) and a controller (electric circuitry; Paragraphs [0077] – [0078]).
Heikkila does not explicitly teach a first sensor associated with the first actuator and configured to detect the actuation state of the first actuator and to generate a first actuation state signal corresponding to the actuation state of the first actuator; a second sensor associated with the second actuator and configured to detect the actuation state of the second actuator and to generate a second actuation state signal corresponding to the actuation state of the second actuator; and a controller configured to receive the first and second actuation state signals and to provide control signals to control the drive and the first and second actuators such that the controller prevents the first housing part from moving into the open position when the tool is being driven by the drive and/or the controller prevents the at least one movable tool from being driven by the drive when the first housing part is in the open position.
Cohen, however, teaches a material processing apparatus (crushing apparatus, 100; Fig. 4), comprising: a housing (crusher, 114) including a first housing part (lid, 124) movable between an open position and a closed position (Paragraphs [0031] and [0032]) and a first sensor (sensors, 152, 153 and 154) associated with the first actuator (hydraulic ram, 140) and configured to detect the actuation state of the first actuator (140) and to generate a first actuation state signal corresponding to the actuation state of the first actuator (140; Paragraphs [0035] – [0038]) a second sensor (sensors, 152, 153 and 154) associated with the second actuator (2nd hydraulic ram, 140; Paragraph [0028]) and configured to detect the actuation state of the second actuator and to generate a second actuation state signal corresponding to the actuation state of the second actuator (Paragraphs [0035] – [0038); and a controller (computer, 156; Paragraph [0035]) configured to receive the first and second actuation state signals and to provide control signals to control the drive (rotatable rotor, 126) and the first and second actuators such that the controller prevents the first housing part (124) from moving into the open position when the tool (blow bars, 128 and 129) is being driven by the drive (Paragraph [0037]) and/or the controller (156) prevents the at least one movable tool from being driven by the drive when the first housing part (124) is in the open position (Paragraph [0037]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Heikkila to further include a first sensor associated with the first actuator and configured to detect the actuation state of the first actuator and to generate a first actuation state signal corresponding to the actuation state of the first actuator; a second sensor associated with the second actuator and configured to detect the actuation state of the second actuator and to generate a second actuation state signal corresponding to the actuation state of the second actuator; and a controller configured to receive the first and second actuation state signals and to provide control signals to control the drive and the first and second actuators such that the controller prevents the first housing part from moving into the open position when the tool is being driven by the drive and/or the controller prevents the at least one movable tool from being driven by the drive when the first housing part is in the open position, as taught by Cohen, to provide an apparatus that can sense the position of the machine components, thus providing a safe environment for the user.
Regarding Claim 2, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) wherein: the second actuator (220) is configured to cause the opening movement of the first housing part (124; Paragraphs [0063] – [0065]).
Regarding Claim 3, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) wherein: the controller is configured to permit movement of the second actuator (220) only when the first actuator (210) is in the unlocked actuation state (Paragraphs [0079] – [0081]).
Regarding Claim 4, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) further comprising: a drive train (gear assembly; Paragraph [0086]) between the drive (140) and the at least one movable tool (142); tool setting device having an engaged position engaged with the drive train such that the tool setting device in the engaged position prevents driving of the at least one movable tool (142) by the drive (140; Paragraphs [0084] – [0091]) and/or prevents a motion of the at least one movable tool caused by inertial forces; and a third actuator (actuator, 510) movable between an engagement actuation state and a release actuation state (Paragraph [0085]), wherein in the engagement actuation state the third actuator (510) blocks the tool setting device in the engaged position and wherein in the release actuation state the third actuator (510) releases the tool setting device.
Regarding Claim 5, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) wherein: the controller is configured to permit the at least one movable tool (142) to be driven by the drive (140) only when the first actuator (210) is in the locked actuation state, the second actuator (220) is in the closed actuation state, and the third actuator (510) is in release actuation state (Paragraphs [0080] – [0085]).
Regarding Claim 6, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) wherein: the controller is configured to permit the first actuator (210) to be moved into the unlocked actuation state and/or to permit the second actuator (220) to be moved into the open actuation state only when the third actuator (510) is in the engagement actuation state (Paragraphs [0080] – [0085]).
Regarding Claim 7, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) wherein: the controller is configured to permit the first actuator (210) to be moved into the unlocked actuation state (Paragraphs [0071] – [0076]) and/or to permit the second actuator (220) to be moved into the open actuation state (Paragraphs [0071] – [0076]) and/or to permit the third actuator to be moved into the engagement actuation state only when the at least one movable tool is not being driven by the drive (Paragraphs [0080] – [0085]).
Regarding Claim 10, Heikkila, as modified, teaches the material processing apparatus (crushing plant, 100; Fig. 1) of claim 1, as discussed above.
Heikkila does not explicitly teach the second actuator includes a hydraulic cylinder and a piston rod movable relative to the hydraulic cylinder between the open actuation state and the closed actuation state, wherein the hydraulic cylinder is swivel connected to one of the first and second housing parts and the piston rod is swivel connected to the other of the first and second housing parts.
Cohen, however, teaches the second actuator (140) includes a hydraulic cylinder (Paragraph [0037]; Fig. 7) and a piston rod (piston rod of cylinder as shown in Fig. 7) movable relative to the hydraulic cylinder between the open actuation state (Fig. 7) and the closed actuation state (Fig. 5 ad 6B), wherein the hydraulic cylinder (140) is swivel connected to one of the first and second housing parts (floor of housing as shown in Fig. 7) and the piston rod is swivel connected to the other of the first and second housing parts (lid, 124; Fig. 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Heikkila to further include the second actuator includes a hydraulic cylinder and a piston rod movable relative to the hydraulic cylinder between the open actuation state and the closed actuation state, wherein the hydraulic cylinder is swivel connected to one of the first and second housing parts and the piston rod is swivel connected to the other of the first and second housing parts, as taught by Cohen, to provide an apparatus that can properly pivot to open, thus proving a safe actuation of the apparatus.
Allowable Subject Matter
Claims 8 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter of claim 8: Although Heikkila in view of Cohen teaches a material processing apparatus comprising the first actuator includes a hydraulic cylinder and a piston rod movable relative to the hydraulic cylinder between the locked actuation state and the unlocked actuation state, the reference fails to teach, suggest or make obvious the first actuator includes a locking element moved by the piston rod; and further including a counter locking element configured to receive the locking element in a frictional and/or form-locked connection such that the first and second housing parts are interlocked in the closed position in the locked actuation state of the first actuator.
Claim 9 is objected to as being a dependent of objected claim 8.
The following is a statement of reasons for the indication of allowable subject matter of claim 11: Although Heikkila in view of Cohen teaches a material processing apparatus comprising a drive train, the reference fails to teach, suggest or make obvious a tool setting device configured to be swiveled about a swivel axis between an engaged position and a release position, wherein in the engaged position the tool setting device is engaged with the drive train such that the tool setting device prevents driving of the at least one movable tool by the drive and/or prevents a motion of the at least one movable tool caused by inertial forces; and wherein the tool setting device includes an eccentric shaft mounted for rotation about an eccentric axis spaced apart from the swivel axis, and the tool setting device includes a manual operating element configured to rotate the eccentric shaft such that rotation of the eccentric shaft causes a swiveling of the tool setting device between the release position and the engaged position.
Claims 12 – 15 are objected to as being dependents of objected claim 11.
Conclusion
Art made of record, however, not relied upon for the current rejection is as follows: U. S. Patent No. 8,505,843 to Veneroso et al. teaches a crushing mill for inert material includes a distribution unit, a crushing unit disposed below the distribution unit and a containment structure to contain the distribution unit and the crushing unit. The distribution unit receives the inert material from a feed device and suitably directs it toward the crushing unit below, for the secondary and/or tertiary crushing of the inert material. The containment structure has at least two lower lateral semi-shells, associated with the crushing unit, and at least two upper lateral semi-shells, associated with the distribution unit, which are selectively movable, independently or together, so as to obtain an at least partly open configuration of the mill, which leaves at least the distribution unit completely uncovered and easily accessible, and advantageously also the crushing unit.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723