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 .
Election/Restrictions
Claims 29-30 were previously withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 22, 2025.
Applicant’s arguments are considered persuasive and claims 29-30 are no longer withdrawn and are rejoined.
Drawings
The drawings are objected to because Figs. 1-10 have lines which are light and difficult to see. Replacement Figs 1-10 should be submitted with darkened lines in the Figures.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “plate adjusting device” in claim 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Paragraph 117 recites: “ The third conveying direction can be oriented along the y-direction and against the direction of gravity”
Paragraph 118 recites: ” The first upwards screw conveyor can be named first vertical screw conveyor. The second upwards screw conveyor can be named second vertical screw conveyor.”
Paragraph 123 recites “an evenly second layer”
Paragraph 129 recites “an equally distribution” and “evenly distribution”
Claim 16, the Abstract, and Paragraphs 8 and 100 recite “creating a buffer”.
The specification should be reviewed for proper English consistent with the proper translation for the priority document.
A substitute specification in proper idiomatic English and in compliance with 37 CFR 1.52(a) and (b) is required. The substitute specification filed must be accompanied by a statement that it contains no new matter.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “plate adjusting device” in claim 16.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16 recites the phrase: “seen in the conveying direction” in at least three occurrences.
A suggested revision is as follows: “
Claim 16 recites the phrase:
“a guide plate … and is arranged to prevent the pulverulent material passing the conveyor belt, to generate a first layer of the pulverulent material that lies on the conveyor belt onto which the food product is placeable,”.
A suggested revision is as follows:
“a guide plate … from passing through the conveyor belt, and to generate a first layer of the pulverulent material that lies on the conveyor belt onto which the food product is placeable,”.
Claim 16 recites:
“wherein the lower bunker is arranged within the conveyor belt” in two occurrences.
A suggested revision is as follows:
wherein the lower bunker is arranged at a position within an interior of a path of the conveyor belt “ in a first occurrence; and
wherein the lower bunker is arranged at the position “ in a second occurrence.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “plate adjusting device” in claim 16.
Plate adjusting device is described in paragraph 13 and 121 and Fig. 5
“ a plate delimiting an upstream end of the lower bunker for retaining the pulverulent material in the lower bunker and to create a buffer of the pulverulent material in the lower bunker, wherein by adjusting a gap between the plate and the housing a thickness of a first layer of the pulverulent material can be adjusted,”
“[0121] The functionality of the coating device 1 will be explained in the following with reference to FIGS. 1 to 10 and FIG. 11 that shows a cross-sectional view of a food product 76. In the lower bunker 17 a buffer of the pulverulent material 77 is provided. By adjusting a gap between the plate 19 and the housing 15, a thickness t1 of a first layer 78 of the pulverulent material 77 can be adjusted.”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 16-30 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without identifying the structure described as the “plate adjusting device”, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). The “plate adjusting device” is not described in adequate detail to enable one of ordinary skill in the art to practice the invention. The “plate adjusting device” is not described in the specification or shown in the drawings. The term “plate adjusting device” does not appear in the specification as-filed. An alternative term for this structure based on paragraphs 13 and 121 and Fig. 5 is “a thickness adjusting device”.
Claims 17-30 are rejected for their dependence on an indefinite claim.
Claims 16-30 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.
Claim 16 recites “creating a buffer”.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “buffer” in claim 16 is used by the claim to mean “ a stable amount” while the accepted meaning is “something that serves as a protective barrier” or “substance capable of neutralizing acids and bases” The term is indefinite because the specification does not clearly redefine the term. It is unclear if this is the correct term based on the translation of the priority document because it is unclear what the material in the lower bunker is protecting. Clarification is requested. For the purpose of prosecution based on paragraphs 3, 8, 27, 101, 121, and 128, Examiner is interpreting the term to mean a constant supply of pulverulent material from the lower bunker. Clarification is requested.
Claims 17-30 are rejected for their dependence on an indefinite claim.
Response to Amendment
The amendment to claim 16 on December 22, 2025 following the Restriction Requirement mailed on December 4, 2025 has been accepted and is considered.
Independent claim 16 was amended to recite:
“ wherein the lower bunker is arranged within the conveyor belt such that the conveyor belt runs around the lower bunker, “ and
“wherein a plate adjusting device is arranged for adjusting a gap between the plate delimiting the upstream end of the lower bunker and the housing, thereby adjusting a thickness of a first layer of the pulverulent material,”
The prior art made of record in International Search Report October 19, 2022 is not considered to teach these elements in combination with the existing structure in claim 16.
Allowable Subject Matter
Claim 16 is considered to include subject matter not found in the prior art. A final determination on allowability will be made once the 35 U.S.C. 112 rejections and other outstanding objections are addressed in writing in response to this Office Action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARL V KURPLE whose telephone number is (571)270-3477. The examiner can normally be reached Monday-Friday 8 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached at (571) 272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARL KURPLE/Primary Examiner
Art Unit 1717
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