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Claims 18 and 19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/23/2025.
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: “cleaning apparatus through which the chain strand is passable in a direction opposite to a conveying direction” in claim 17.
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.
Regarding claim 15, the phrase "a drive chain conveyor" renders the claim indefinite because it narratively recites ‘a drive of the chain conveyor’ without affirmatively claiming the conveyor comprises or includes a drive. See MPEP § 2173.05(d).
Regarding claim 20, it is unclear whether the claims are intended to be independent claims or dependent claims as it refers to other claims. If it is intended to be an independent claim, any reference to another claim should be deleted. If it is intended to be a dependent claim, it should have the same preamble as the claim from which it depends. Hence claim 20 has not been treated with regard to the prior art.
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)(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.
Claims 11, 13, 14, and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by EP-0641984-A1 (hereinafter Wolfram).
Regarding claim 11, Wolfram discloses A conveying apparatus for conveying a motor vehicle body along a conveying path (Fig 1), comprising: a chain conveyor that has a chain strand which circulates along the conveying path (claim 24); and fixedly receiving elements and loosely receiving elements, wherein the fixedly receiving elements and loosely receiving elements are alternately disposed on the chain strand at a predefined interval from each other over an entire length of the chain strand and are movable along the conveying path by the chain strand (Fig 4, Nos. 96 and 6); wherein a respective fixedly receiving element is configured to receive and secure a first crossmember which is releasably connected to the motor vehicle body (Fig. 6, No 56); wherein a respective loosely receiving element has a deposition region on which a second crossmember which is releasably connected to the motor vehicle body is supportable (Fig. 5, No. 58).
Regarding claim 13, Wolfram discloses the conveying apparatus according to claim 11, additionally wherein a transverse guide element is disposed on at least one of the fixedly receiving elements and/or on at least one of the loosely receiving elements and/or on at least one chain link of the chain strand and/or on at least one of the first crossmember and the second crossmember (Figs. 5 & 6, Nos. 64l, 86, 88 or Fig. 11, No. 210).
Regarding claim 14, Wolfram discloses the conveying apparatus according to claim 11, additionally wherein fixed bearing is disposed at a turning point of the chain strand (Figs. 2a-b Nos. 87 and 89).
Regarding claim 16, Wolfram discloses the conveying apparatus according to claim 11, additionally wherein the predefined crossmember interval is predetermined (pg. 13, third full paragraph). Wolfram does not specify any length values for the defined distance. Therefore, the predefined distance in the claimed invention is included in the distance indicated by Wolfram.
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.
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wolfram in view of US 8,617,014 B2 (Hereinafter Grobbel).
Regarding claim 12, Wolfram discloses the conveying apparatus of claim 11. However, Wolfram does not disclose that the drive gear which is disposed at a first end of the conveying path and an output gear which is disposed at a second end of the conveying path. Grobbel discloses an example embodiment wherein the driving sprocket is disposed at a first end of the path and the output sprocket is at the second end. Figs. 2 & 3 of Grobbel show the driving mechanism operating in a particular orientation. Based on this particular orientation, the drive sprocket it shown to be rotating counterclockwise. In Fig. 6 of Grobbel, the driving mechanism is shown operating on a complete chain, meaning the top side of the chain must be moving to the left. This matches the location of the driving gear indicated by No. 2 in Fig. 4 of the claimed invention, and the direction indicated by arrow 3 in Fig. 4 of the claimed invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Wolfram with the drive placement of Grobbel. The motivation would be to reduce the need for a tensioner, as placing the drive on the first end would keep more tension on the top length of the chain than placing the drive on the second end. Additionally, driving the entire apparatus with one motor is more efficient than driving it with one drive on each end.
Regarding claim 15, Wolfram discloses the conveying apparatus of claim 11. However, Wolfram does not disclose a polygon compensation drive and/or a cycloidal transmission. Grobbel discloses a chain driving mechanism configured as a polygon compensation drive (Figs. 2 & 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Wolfram with the compensation drive of Grobbel. The motivation would be to mitigate the polygonal effect and maintain constant chain speed.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wolfram in view of US Patent 5,671,838 (Hereinafter Bowman). Wolfram discloses the conveying apparatus of claim 11. However, Wolfram does not disclose a cleaning apparatus. Bowman discloses a chain cleaning apparatus using brushes to clear debris, including paint, of chain conveyors (column 1, lines 4-8, 15-18; column 2, lines 30-32, Fig. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the conveying apparatus of Wolfram with the cleaning apparatus of Bowman. The motivation would be to passively remove excess paint from the chain links, thereby maintaining functionality and increasing the working life of the chain.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wolfram in view of US-20210031362 (hereinafter Zhang). Wolfram discloses the conveying apparatus of claim 11. However, Wolfram does not disclose a cycloidal transmission. Zhang discloses a cycloidal transmission (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the conveying apparatus of Wolfram with the cycloidal transmission of Zhang. The motivation would be to generate high torque on the chain, as cycloidal transmissions are known to do. This would be advantageous for pulling the heavy vehicle parts along the chain.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARI JADAN MEDDLING whose telephone number is (571)272-8178. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 5712726911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMARI J MEDDLING/ Examiner, Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651