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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/3/2026 has been entered.
Response to Arguments
Applicant's arguments filed 1/3/2026 have been fully considered but they are not persuasive. Regarding claims 1 and 14, Applicant argues that Foster does not teach “such that there is clearance between each inner arcuate surface of the outer bearing collar members and each arcuate outer surface of the inner bearing collar members”. First, the claim language is rendered indefinite with the language “such that”. The primary purpose of this requirement of definiteness of claim language is to ensure that the scope of the claims is clear so the public is informed of the boundaries of what constitutes infringement of the patent Second, Foster teaches “The oscillating auger support hanger 40, as shown in FIGS. 2-7, is located between augers 20. The support hanger 40 has a mounting portion 44 that attaches to the support frame 19 that is located above and behind the auger 20, not shown in the drawings. The support hanger 40 has an auger coupler 46 that connects the augers 20 and allows them to rotate. The coupler 46 allows the transfer or torque from the auger 20 on one side of the support hanger 40 to the auger 20 on the other side. The mounting portion 44 has slots 48 that allow it to slide a certain distance along the length of the support frame 19. In other words, the slots 48 allow the mounting portion 44 to move in an axial direction with respect to the augers 20 and coupler 46 and with respect to the support frame 19 above. An auger support arm 50 is affixed to the mounting portion 44 that holds a first half 54 of the cam follower 52. The support arm 50 further includes an arcuate wall 51. The arcuate wall 51 provides rigidity. A second half 56 is bolted to the first half 54 to form the cam follower 52. The cam follower 52 (as assembled) has profile surfaces 60, 62. The cam follower 52 has a bearing 64 that is shown as a split bearing in FIG. 3. The bearing surface may be integral to the cam follower 52 or separate as shown. The bearings 64 are retained in the cam follower 52 and are held axially with an undercut 66. The bearing 64 allows the cam follower to move axially with respect to the augers 20 and move axially with respect to the coupler 46. The entire cam follower 52 with its profile surfaces 60, 62, the bearing 64, the support arm 50, and mounting portion 44 are adapted to shift together as a unit” C4 L40-67; C5 L1-3. The shaft 68 rotates within the outer bearing 52 allowing for clearances between the inner bearing 64 and outer bearing 52. As presented, the claim language does not contain structural claim language to define the clearances to the surfaces of the inner and outer bearings.
For the foregoing reasons, the claims stand rejected.
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.
Regarding claims 1 and 11-14 the phrase "such that" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 4, 14 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foster U.S. Patent No. 10,160,605.
Claim 1, Foster teaches a hanger bearing assembly 40 for a screw conveyor 20 having multiple screw sections Abstract, comprising: an inner bearing 64 having a plurality of inner bearing collar members 64, said inner bearing collar members 64 having an arcuate inner surface, an arcuate outer surface, and an axial length Fig. 3; an outer bearing 52 having a plurality of outer bearing collar members 54,56, said outer bearing collar members 64 having an inner arcuate surface, an outer arcuate surface and an axial length (from 60 to 62) Fig. 3 C4 L40-67; C5 L1-3; and a bearing holder 50, wherein the axial length (from 60 to 62) of the outer bearing collar members 64 is greater than the axial length of the inner bearing collar members 54,56 such that the outer bearing collar members 64 encircle the inner bearing collar members 54,56, where the arcuate inner surfaces of the plurality of inner bearing collar members 54,56 mechanically engage an outer arcuate surface 72 of a unitary shaft 68, wherein the unitary shaft 68 connects two adjacent screw sections 20 Fig. 3, and where the unitary shaft 68 and the inner bearing 64 are received through the outer bearing 52, and rotate within the outer bearing 52 such that there is clearance between each inner arcuate surface of the outer bearing collar members 64 and each arcuate outer surface of the inner bearing collar members 64 C5 L4-20.
Claim 4, Foster teaches the plurality of outer bearing collar members 54,56 contains a plurality of radially outwardly extending arcuate flanges (rim of 18) Fig. 3.
Claim 14, Foster teaches a hanger bearing assembly 40 for a screw conveyor having multiple screw sections 20 Abstract, comprising: an inner bearing 64 having a plurality of inner bearing collar members 64, said inner bearing collar members 64 having an arcuate inner surface, an arcuate outer surface, and an axial length Fig. 3; an outer bearing 152 having a plurality of outer bearing collar members 54,56, said outer bearing collar members 54,56 having an inner arcuate surface, an outer arcuate surface, and an axial length Fig. 3; and a bearing holder 50 having a plurality of arm members 44,50, said arm members 244,50 having a curved portion,51 and a generally planar elongate portion,50 Fig. 3, wherein the arcuate inner surfaces of the plurality of inner bearing collar members 64 mechanically engage an outer arcuate surface of a unitary shaft 68, wherein the unitary shaft 68 connects two adjacent screw sections 20 Fig. 3, wherein the axial length (from 60 to 62) of the outer bearing collar members 54,56 is greater than the axial length of the inner bearing collar members 64 Fig. 3, where the unitary shaft 68 and the inner bearing 64 are received through the outer bearing 52, and rotate within the outer bearing 52 such that there is clearance between each inner arcuate surface of the outer bearing collar members 54,56 and each arcuate outer surface of the inner bearing collar members 64, and where the curved portions 51 of the arm members 44,50 mechanically engage the outer arcuate surface of the outer bearing collar members 54,5 6 C4 L40-67; C5 L1-20.
Claim 17, Foster teaches the plurality of outer bearing collar members 54,56 contains a plurality of radially outwardly extending arcuate flanges (rim of 52) Fig. 3.
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) 5-6 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Foster U.S. Patent No. 10,160,605 in view of Bergquist U.S. Patent No. 4,025,131.
Claims 5 and 18, Foster teaches the outer bearing 52 having a plurality of outer bearing collar members 54,56 but does not teach as Bergquist teaches contains a plurality of raised portions 11,12,16 disposed between the plurality of arcuate flanges C2 L10-45. It would have been obvious to one having ordinary skill in the art to combine the hanger bearing assembly disclosed in Foster with the collar configuration taught in Bergquist with a reasonable expectation of success because
Claims 6 and 19, Foster teaches the bearing holder 50 mechanically engages the outer bearing 52 having a plurality of outer bearing collar members 54,56, but does not teach as Bergquist teaches via contact with the plurality of arcuate flanges16, the plurality of raised portions 11,12, and the outer arcuate surfaces Fig. 1. It would have been obvious to one having ordinary skill in the art to combine the hanger bearing assembly disclosed in Foster with the collar configuration taught in Bergquist with a reasonable expectation of success because
Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Foster U.S. Patent No. 10,160,605 in view of Davis U.S. Patent No. 3,072,243.
Claim 7, Foster teaches the unitary shaft 68, but does not teach as Davis teaches the unitary shaft 30 is inserted into at least one end of a screw section 11 for a screw conveyor Fig. 1 having multiple screw sections 11,13 and is connected thereto Fig. 1 C1 L50-65. It would have been obvious to one having ordinary skill in the art to combine the hanger bearing assembly disclosed in Foster with the shaft configuration taught in Davis with a reasonable expectation of success because
Claim 8, Foster teaches the hanger bearing assembly Fig. 3 functions as a tail bearing C1 L45-65.
Claim 9, Foster teaches the unitary shaft 68, but does not teach as Davis teaches the unitary shaft 30 is inserted into at least one end of a screw section 11 for a screw conveyor Fig. 1 having multiple screw sections 11,13 and is connected thereto and is inserted into at least one end of an adjacent screw section 11,13 for a screw conveyor having multiple screw sections 11,13 and is connected thereto Fig. 1 C1 L50-65. It would have been obvious to one having ordinary skill in the art to combine the hanger bearing assembly disclosed in Foster with the shaft configuration taught in Davis with a reasonable expectation of success because
Allowable Subject Matter
Claims 2-3, 15-16, and 20-21 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.
Claims 11-13 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.
Conclusion
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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS