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 .
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) 1-5, 7, 15-16, 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Zahoransky (DE 4040297).
Zahoransky teaches a dividing-up device for dividing up clusters of bristles from a bristle supply, the dividing-up device comprises: a bristle magazine (2) for receiving a bristle supply (2); a dividing-up disc (4) comprising dividing-up indents (5) on a circumference thereof, the dividing-up disc being movable with the dividing-up indents past a removal opening (figure 3) of the bristle magazine for dividing up clusters of bristles from the bristle supply located in the bristle magazine; and an adjusting device (19), which is designed to adjust an effective indent volume of the dividing-up indents that is available for dividing up of the clusters of bristles (col. 4, lines 39-58).
With regards to claim 2, the adjusting device for adjusting the effective indent volume of the dividing-up indents comprises at least one adjuster (20) that is movable relative to at least one of the dividing-up indents.
With regards to claim 3, the adjusting device for each of the dividing-up indents has a slider (20) that is movable relative to the respective dividing-up indent, for adjusting the effective indent volume of the respective dividing-up indent.
With regards to claim 4, the at least one adjuster is a slider (20) which is displaceable relative to at least one of the dividing-up indents for adjusting the effective indent volume of the at least one of the dividing-up indents, and the slider is displaceable at least one of into or against the at least one of the dividing-up indents for adjusting the effective indent volume of the at least one of the dividing-up indents, radially outwardly starting from a center point (figure 3) of the dividing-up disc.
With regards to claim 5, the dividing-up disc has at least one sliding guide (19) for the at least one slider (20).
With regards to claim 7, the adjusting device comprises at least one displacement mechanism (20) which is designed to displace the at least one adjuster relative to the at least one of the dividing-up indents.
With regards to claim 15, the at least one adjuster is continuously movable (in and out to adjust the size of the indent).
With regards to claim 16, the adjusting device has at least one setting indicator (visually inspected) which is designed to display at least one of a setting of the at least one adjuster or to an adjusted effective indent volume of the at least one of the dividing-up indents.
With regards to claim 18, there is a transport device (10) which is designed to transport the clusters of bristles held ready in the dividing-up indents to a downstream processing station (9) of a brush-manufacturing machine (1).
With regards to claim 19, a brush manufacturing machine (1) comprising at least one of the dividing-up devices (figure 1).
Claim(s) 1-7, 15-16, 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Boucherie (DE 202004016409).
Boucherie teaches a dividing-up device for dividing up clusters of bristles from a bristle supply, the dividing-up device comprises: a bristle magazine (14) for receiving a bristle supply; a dividing-up disc (10) comprising dividing-up indents (12) on a circumference thereof, the dividing-up disc being movable with the dividing-up indents past a removal opening (figure 1) of the bristle magazine for dividing up clusters of bristles from the bristle supply located in the bristle magazine; and an adjusting device (18, 26), which is designed to adjust an effective indent volume of the dividing-up indents that is available for dividing up of the clusters of bristles (paragraph 0014).
With regards to claim 2, the adjusting device for adjusting the effective indent volume of the dividing-up indents comprises at least one adjuster (18) that is movable relative to at least one of the dividing-up indents.
With regards to claim 3, the adjusting device for each of the dividing-up indents has a slider (20, 22, 24) that is movable relative to the respective dividing-up indent, for adjusting the effective indent volume of the respective dividing-up indent.
With regards to claim 4, the at least one adjuster is a slider (20, 22, 24) which is displaceable relative to at least one of the dividing-up indents for adjusting the effective indent volume of the at least one of the dividing-up indents, and the slider is displaceable at least one of into or against the at least one of the dividing-up indents for adjusting the effective indent volume of the at least one of the dividing-up indents, radially outwardly starting from a center point (figure 1) of the dividing-up disc.
With regards to claim 5, the dividing-up disc has at least one sliding guide (20, 22) for the at least one slider (24).
With regards to claim 6, the adjusting device comprises at least one restoring element (28), against a restoring force of which, the at least one slider (24) is displaceable for adjusting the effective indent volume of the at least one of the dividing-up indents.
With regards to claim 7, the adjusting device comprises at least one displacement mechanism (20, 22, 24) which is designed to displace the at least one adjuster relative to the at least one of the dividing-up indents.
With regards to claim 15, the at least one adjuster is continuously movable (in and out to adjust the size of the indent).
With regards to claim 16, the adjusting device has at least one setting indicator (visually inspected) which is designed to display at least one of a setting of the at least one adjuster or to an adjusted effective indent volume of the at least one of the dividing-up indents.
With regards to claim 18, there is a transport device which is designed to transport the clusters of bristles held ready in the dividing-up indents to a downstream processing station of a brush-manufacturing machine (paragraph 0001-0004).
With regards to claim 19, a brush manufacturing machine (paragraph 0001) comprising at least one of the dividing-up devices.
Claim(s) 1-7, 15-16, 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Goldman (DE 102016004927).
Goldman teaches a dividing-up device for dividing up clusters of bristles from a bristle supply, the dividing-up device comprises: a bristle magazine (4) for receiving a bristle supply; a dividing-up disc (3) comprising dividing-up indents (6) on a circumference thereof, the dividing-up disc being movable with the dividing-up indents past a removal opening (figure 1) of the bristle magazine for dividing up clusters of bristles from the bristle supply located in the bristle magazine; and an adjusting device (15), which is designed to adjust an effective indent volume of the dividing-up indents that is available for dividing up of the clusters of bristles (abstract).
With regards to claim 2, the adjusting device for adjusting the effective indent volume of the dividing-up indents comprises at least one adjuster (15) that is movable relative to at least one of the dividing-up indents.
With regards to claim 3, the adjusting device for each of the dividing-up indents has a slider (15) that is movable relative to the respective dividing-up indent, for adjusting the effective indent volume of the respective dividing-up indent.
With regards to claim 4, the at least one adjuster is a slider (15) which is displaceable relative to at least one of the dividing-up indents for adjusting the effective indent volume of the at least one of the dividing-up indents, and the slider is displaceable at least one of into or against the at least one of the dividing-up indents for adjusting the effective indent volume of the at least one of the dividing-up indents, radially outwardly starting from a center point (figure 3-4) of the dividing-up disc.
With regards to claim 5, the dividing-up disc has at least one sliding guide (18) for the at least one slider (15).
With regards to claim 6, the adjusting device comprises at least one restoring element (25), against a restoring force of which, the at least one slider (15) is displaceable for adjusting the effective indent volume of the at least one of the dividing-up indents.
With regards to claim 7, the adjusting device comprises at least one displacement mechanism (15) which is designed to displace the at least one adjuster relative to the at least one of the dividing-up indents.
With regards to claim 15, the at least one adjuster is continuously movable (in and out to adjust the size of the indent).
With regards to claim 16, the adjusting device has at least one setting indicator (visually inspected) which is designed to display at least one of a setting of the at least one adjuster or to an adjusted effective indent volume of the at least one of the dividing-up indents.
With regards to claim 18, there is a transport device which is designed to transport the clusters of bristles held ready in the dividing-up indents to a downstream processing station of a brush-manufacturing machine (figure 1).
With regards to claim 19, a brush manufacturing machine (figure 1) comprising at least one of the dividing-up devices.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zahoransky (‘297) or Boucherie (‘409) or Goldman (‘927) all in view of Fritz (PGPub 20210330069).
Zahoransky, Boucherie and Goldman teach all the essential elements of the claimed invention however fail to teach having the dividing-up disc having at least two of the dividing-up indents having different sizes. Fritz teaches a diving-up disc having at least two indents of different sizes (figure 40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disc’s of Zahoransky, Boucherie or Goldman so that there are indents of different sizes as taught by Fritz which acts as the adjustment means when collecting clusters of bristles.
Allowable Subject Matter
Claims 8-14 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:
Claim 8 includes the limitation that the at least one displacement mechanism comprises a spindle drive with a rotatable spindle and a spindle nut, the spindle nut is connected via a lever to the at least one adjuster in order to displace the at least one adjuster, by a rotation of the spindle and a resultant axial movement of the spindle nut with respect to the spindle, relative to at least one of the dividing-up indents.
Claim 11 includes the limitation that the adjuster comprises, an adjusting disc which has a number of adjusting indents which corresponds in at least one of a number, arrangement, geometry, or dimension to a corresponding at least one of a number, arrangement, geometry, or dimension of the dividing-up indents of the dividing-up disc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/Primary Examiner, Art Unit 3723