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 .
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 17-20 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.
In claim 17, line 4, the phrase “a discretizing unit” lacks proper antecedent basis. For the purpose of examination, the phrase “the discretizing unit” is assumed.
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.
Claim(s) 1-12 and 15-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by GB2469108A.
Regarding claim 1, GB’108 discloses (Fig 1, pages 7-8 and claims 1-3 and 12) an apparatus for discretizing a dose of particles, comprising: a feeder system (see Fig 1) comprising a feeder (hopper 4) wherein the feeder system provides a continuous flow of particles (particulate material such as seeds) to a discretizing unit (guide 10 having passageways with entrances 16), wherein the discretizing unit (10) is capable of converting the continuous flow of particles from the feeder system into individual doses, receiving the particles through an ingress (16), and delivering the individual doses to a moving substrate (food product 24 on a tray 22) through a separate egress (18) (see Fig 1, pages 7-8 and claims 1-3 and 12 for drive means/conveyor moving the guide means 10 and the tray at speed, wherein the height of the guide means is adjusted, and the position of the tray sensed).
As to claim 2, in GB’108 the feeder system capable of controlling the mass flow of the particles (as the guide means move at the same speed as the conveyer 20, position of the tray sensed, and height of the guide means is adjusted, see Fig 1, pages 7-8 and claims 1-3 and 12).
Regarding claim 3, GB’108 teaches the discretizing unit (10) comprises one or more pockets (passageways with entrances 16) comprising the ingress (12) and egress (18) and at least one of the one or more pockets (passageways with entrances 16) moveable in the vertical direction, horizontal direction, or a combination thereof (see Fig 3 and page 9 for a guide moving in both forward and reverse directions with belt drive 32 and claim 3 for adjusting height of the guide means).
As to claim 4, in GB’108 the pocket ingress (12) receives particles from the feeder system (hopper 4).
As to claim 5, in GB’108 the one or more pockets (passageways with entrances 16) divide the continuous flow of particles into individual doses.
Regarding claim 6, in GB’108 the feeder system comprises a hopper (4) and a conveyance apparatus (drive means/conveyor).
As to claim 7, GB’108 discloses at least a portion of the discretizing unit can move in a vertical direction, a horizontal direction, or a combination thereof (see Fig 3 and page 9 for a guide move in both forward and reverse directions with belt drive 32 and claim 3 for adjusting height of the guide means).
Regrading claims 8, GB’108 teaches (see Fig 3) the linear movement is aligned with the moving substrate (the linear movement of the belt drive 32).
As to claims 9-10, GB’108 teaches adjacent one or more pockets (passageways with entrances 16) are separated by a gap during receipt of the particles (the gap relative to the substrate or the hopper), wherein the gap is adjustable (since guide means is adjustable in height).
Regarding claim 12, GB’108 teaches at least one of the one or more pockets (passageways with entrances 16) moves in at least a horizontal direction when depositing particles onto the moving substrate.
As to claim 15, in GB’108 adjacent one or more pockets are nested (each passageway is connected to each other) during receipt of particles.
As to claim 16, in GB’108 the discretizing unit is capable of delivering particles to a target area on the substrate and at least 75% of the particles stay on the target area upon exiting the discretizing unit (since the movement of the guide and tray controlled/sensed).
As to claim 17, GB’108 teaches (see Fig 1, pages 7-8 and claims 1-3 and 12) an apparatus capable of discretizing particles into singular doses (particles dispensed into each passageway 16), comprising: a) a feeder system (see Fig 1) wherein the feeder system provides a continuous flow of particles to a discretizing unit (a guide 10); and the discretizing unit comprising a track (a belt drive 32), and one or more moveable pockets (passageways with entrance 16), wherein the one or more pockets (16) is/are capable of converting the continuous flow of particles from the feeder system into individual particle doses and delivering the individual doses to a substrate (food product 24 on a tray 22, see Fig 1, pages 7-8 and claims 1-3 and 12 for drive means/conveyor moving the guide means 10 and the tray at speed, wherein the height of the guide means is adjusted, and the position of the tray sensed).
Regarding claim 18, GB’108 teaches the one or more moveable pockets receiving particles are nested (each passageway is connected to each other) during receipt of the particles.
As to claim 19, GB’108 teaches the particles are capable of delivering to a target area on the substrate and at least 75% of the particles stay on the target area upon exiting the discretizing unit (since the movement of the guide and tray controlled/sensed).
Regarding claim 20, GB’108 teaches the substrate (food product 24 on a tray 22) is a moving substrate (moving on the conveyor 20).
Claim(s) 1-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by GB 779,396.
Regarding claim 1, GB’396 discloses (Fig 1-2) an apparatus for discretizing a dose of particles, comprising: a feeder system (see Fig 1) comprising a feeder (hopper 1) wherein the feeder system provides a continuous flow of particles (material in belt 8) to a discretizing unit (head 23 with funnels 28), and the discretizing unit, wherein the discretizing unit (28) is capable of converting the continuous flow of particles from the feeder system into individual doses, receiving the particles through an ingress (opening at the upper end funnel 28 connected to the chute 30), and delivering the individual doses to a moving substrate (container) through a separate egress (lower end on the funnel 28, see Fig 1 for circular table 23 carrying funnels rotating around the spindle 24 and chain container conveyor 31 moving the containers).
As to claim 2, in GB’396 the feeder system controls the mass flow of the particles (as circular table 23 carrying funnels rotating around the spindle 24 and chain container conveyor 31 moving the containers).
Regarding claim 3, GB’396 the discretizing unit comprises one or more pockets (funnels 28) comprising the ingress (upper end inlet connecting to chute 30) and egress (lower end outlet brought in contact with the container) and at least one of the one or more pockets (funnels 28) are moveable in the vertical direction, horizontal direction, or a combination thereof (see Fig 1 for circular table 23 carrying funnels rotating around the spindle 24 and chain container conveyor 31 moving the containers).
As to claim 4, GB’396 the pocket ingress (upper end inlet connecting to chute 30) receives particles from the feeder system (belt 8 connected to chute 30).
As to claim 5, in GB’396 the one or more pockets (funnels 28) divide the continuous flow of particles into individual doses.
Regarding claim 6, in GB’396 the feeder system comprises a hopper (material in belt 8) and a conveyance apparatus (pulleys 9, 10 and mechanism 15).
As to claim 7, GB’396 discloses at least a portion of the discretizing unit can move in a vertical direction, a horizontal direction, or a combination thereof (see Fig 1 for circular table 23 carrying funnels rotating around the spindle 24 and chain container conveyor 31 moving the containers).
Regrading claims 8, GB’396 teaches (see Fig 3) the linear movement is aligned with the moving substrate (the linear movement of the belt drive 32).
As to claims 9-10, GB’396 teaches adjacent one or more pockets (funnels 28) are separated by a gap during receipt of the particles (the gap relative to the container or the belt 8), wherein the gap is adjustable (since the funnel is closed and opened relative to the chute 30) .
Regarding claim 12, GB’396 teaches at least one of the one or more pockets (funnels 28) moves in at least a horizontal direction when depositing particles onto the moving substrate (when they rotate along a spindle 24).
As to claim 13, GB’396 teaches the discretizing unit (head 23) moves in a loop (along the loop of the chain container conveyor 31).
Regarding claim 14,wherein the one or more pockets (funnels) move in a loop (circular loop of the table 23).
As to claim 15, in GB’396 adjacent one or more pockets (funnels 28) are nested (each funnel is connected next to the other funnel, see Fig 3) during receipt of particles.
As to claim 16, in GB’396 the discretizing unit capable of delivering particles to a target area on the substrate and at least 75% of the particles stay on the target area (container) upon exiting the discretizing unit (depending the movement of the funnels/ containers relative to each other).
As to claim 17, GB’396 teaches (see Figs 1-3) an apparatus capable of discretizing particles into singular doses (particles dispensed into each funnel 28), comprising: a) a feeder system (see Fig 1) wherein the feeder system provides a continuous flow of particles to a discretizing unit (a ); and the discretizing unit comprising a track (circular table 23 rotating around the spindle 24), and one or more moveable pockets (funnels), wherein the one or more pockets (funnels) capable of converting the continuous flow of particles from the feeder system into individual particle doses and deliver the individual doses to a substrate (the lower end on the funnels 28 deliver particles into the container, see Fig 1 for circular table 23 carrying funnels rotating around the spindle 24 and chain container conveyor 31 moving the containers).
Regarding claim 18, GB’396 teaches (see Fig 3) the one or more moveable pockets (funnels 28) receiving particles are nested (arranged in circular table 23) during receipt of the particles.
As to claim 19, GB’396 teaches the particles are capable of delivering to a target area on the substrate (container) and at least 75% of the particles stay on the target area upon exiting the discretizing unit (funnels 28) (depending the movement of the funnels/containers relative to each other).
Regarding claim 20, GB’396 teaches the substrate (containers) is a moving substrate (moving on chain container conveyor 31).
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.
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.
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over GB2469108A in view of NL 1024373 C1.
GB’108 teaches a conveyor (a looped belt drive 32) moving the guide but lacks specifically teaching the discretizing unit or funnels moves in a loop. However, NL’373 teaches the discretizing unit (frameworks 31) moves in a loop (chains 35,36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to move the discretizing unit or funnels in a loop in GB’108 to drive multiple of units (frameworks) using closed loop web at the same speed as taught by NN’373 (see claim 27).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEWEBDAR T TADESSE whose telephone number is (571)272-1238. The examiner can normally be reached 7.00-3:30 PM.
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YEWEBDAR T. TADESSE
Primary Examiner
Art Unit 1717
/YEWEBDAR T TADESSE/
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