DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 is objected to because of the following informalities:
“designed to be” should be “configured to be” or similar.
Appropriate correction is required.
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 1-10 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 pre-AIA the applicant regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). Note the explanation given by the Board of Patent Appeals and Interferences in Ex parte Wu, 10 USPQ2d 2031, 2033 (Bd. Pat. App. & Inter. 1989), as to where broad language is followed by "such as" and then narrow language. The Board stated that this can render a claim indefinite by raising a question or doubt as to whether the feature introduced by such language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Note also, for example, the decisions of Ex parte Steigewald, 131 USPQ 74 (Bd. App. 1961); Ex parte Hall, 83 USPQ 38 (Bd. App. 1948); and Ex parte Hasche, 86 USPQ 481 (Bd. App. 1949). In the present instance:
Claim 1 recite the broad limitation “moveable”, and the claim also recites “in particular, foldable or displaceable…” which is narrower statement of the range/ limitation. It is unclear if the limitation that follows “in particular” is part of the claim or not. Similarly, all limitation including the word “in particular” is rejected throughout the claims 1-10.
Claim 3 recites the limitation “the predominantly perpendicular direction”. It is unclear what the predominantly perpendicular direction is perpendicular from. Also, “a predominantly perpendicular direction” has not been recited previously.
All dependent claims of above-mentioned claims inherit all of the limitations of the above-mentioned claims. Thus, the claims are likewise rejected under 35 U.S.C. 112(b) as being indefinite.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Lindner (US 11,192,115).
Regarding claim 1, Lindner discloses a shaft shredder (Fig. 1-10), comprising a machine frame (103) and a shredding unit (explained after), which comprises at least one shredding shaft (102) that is mounted in said shredding unit and driven by means of a drive (Col. 8 line 55 “drive”), a material feeding region (top region as viewed in Fig. 4) being formed adjacently to the shredding unit and comprising a plurality of side walls (100, 108, 109), wherein at least one of the side walls (100), in particular at least one side wall arranged on an end face with respect to the axial direction of the shredding shaft is designed to be moveable (see Fig. 7), in particular foldable or displaceable, from a use position into a maintenance position (when open as viewed in Fig. 7).
Regarding claim 2, Lindner discloses the shaft shredder according to claim 1, wherein bearing (114) and/or coupling regions (region of 119) of the at least one shredding shaft are accessible in the maintenance position. (see Fig. 10)
Regarding claim 3, Lindner discloses the shaft shredder according to claim 2, wherein the at least one shredding shaft (102) can be disassembled from the shredding housing in the predominantly perpendicular direction (top or side direction -see Col. 12 lines 12-44 and Fig. 7-9) as a result of a releasable interlocking coupling (119), in particular a screwable flange coupling on each end of the shredding shaft, and the bearings (114) of the shafts stay on or in the shredding house.
Regarding claim 4, Lindner discloses the shaft shredder according to claim 1, wherein a wall (113) of the material feeding region is formed as a tipping funnel (tipped by 120), which in particular covers the drive of the shredding shaft, at least in part.
Regarding claim 5, Lindner discloses the shaft shredder according to claim 3, wherein a wall (113), in particular formed as a tipping funnel, can be moved (by 120), in particular can be displaced, in particular at least substantially horizontally, such that the space for the releasable interlocking coupling (see Col. 12 lines 12-44 and Fig. 7-9) is thereby freed for maintenance purposes.
Regarding claim 6, Lindner discloses the shaft shredder according to claim 3, wherein one of the side walls (113) of the material feeding region can be moved (see fig. 8-9), in particular pivoted or substantially horizontally displaced, such that the space for the releasable interlocking coupling is freed for maintenance purposes (see Col. 12 lines 12-44 and Fig. 7-9).
Regarding claim 7, Lindner discloses the shaft shredder according to claim 1, wherein at least one secondary shredding tool (100 has protruding breaker bars), in particular a breaker bar or strainer basket, is arranged beneath the at least one shredding shaft (see Fig. 7).
Regarding claim 8, Lindner discloses the shaft shredder according to claim 7, wherein the secondary shredding tool (100 has protruding breaker bars) can be raised or lowered substantially in the vertical direction (see Fig. 7 as it pivots open and closed).
Regarding claim 9, Lindner discloses the shaft shredder according to claim 7, wherein the secondary shredding tool (100 has protruding breaker bars) can be moved out of the shaft shredder (see Fig. 7 as it pivots open).
Regarding claim 10, Lindner discloses the shaft shredder according to claim 1, wherein said shredder comprises two shredding shafts (two 102), which are adjacent, in particular having axes of rotation arranged in parallel with one another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230211353, US 20150060583, US 5562257 teach similar shaft shredder as claimed.
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/BOBBY YEONJIN KIM/Examiner, Art Unit 3725