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 .
Application Status
This action is responsive to the claims filed 17 June 2025.
Claims 1-26 are currently pending and being examined.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1, line 9 recites “weighing means”, which is described in the specification as “[t]he support platform 14 includes a load cell 66, shown in Figures 3 and 4, operatively arranged to weigh the mushrooms loaded into the container”. (p. 9).
Claims 3 and 14, also recite “weighing means”.
Claim 1, line 18 recites “means for cutting stems from the mushrooms”, which is described in the specification as “The mushroom packing apparatus 10 includes means for cutting the stems of the mushrooms in order to remove the compost that is attached to the mushrooms when they are picked out of the growing beds. Referring to Figures 7 and 9, the stem-cutting mechanism 56 has two rotary cutting blades 58 arranged underneath the upper section of the conveyor belt assembly to cut the stems 36 projecting downward through the holes 38 in the cups 34. The cutting blades are rotated on vertical axes by means of a motor 59.” (p. 7)
Claims 3 and 15, also recite “means for cutting stems from the mushrooms”.
Claim 1, line 20 recites “control means”, which is described in the specification as “The mushroom packing apparatus 10 includes a programmable logic controller (PLC) 80, programmed to operate the apparatus and connected to control the conveyor belt assembly, the conveyor swivelling, the movement of the support platform, the operation of the load cell, the stem cutter, the slicer and generally all 5 moving parts of the packing apparatus.” (p. 12)
Claims 3 and 14, also recite “control means”.
Claim 6, lines 2 recites “means for moving the support platform vertically relative to the conveyor”, which is described in the specification as “To accomplish this vertical movement of the support platform, as seen in Figures 8A and 8B a pair of actuators 98 affixed to the support platform base 64 is arranged to lift and lower the threaded rod assembly 15 and the support platform 14. When the actuators are extended, as shown in Figure 8B, the support platform 14 (and thus the container 16 held on it) is raised. When the actuators are retracted, as shown in Figure 8A, the support platform 14 is lowered.” (p. 9)
Claim 18, also recites “means for moving the support platform vertically relative to the conveyor”.
Claim 7, line 2 recites “means for determining a target cutting position”, which is described in the specification as “The stem cutting mechanism 56 in some embodiments includes means for positioning the cutting blades to cut each mushroom stem 36 at a selected target position for removal of compost. It is desirable to minimize the length that is cut off each stem and discarded, i.e., retaining as much of the stem as possible but with no compost. Referring to Figures 9A and 9B, this may be accomplished by means of a sensor 61 which detects the interface between the top of the compost and where the stem is clean, as the mushrooms approach the stem cutter on the conveyor, and a mechanism downstream of the sensor for raising or lowering the conveyor belt assembly 22 adjacent to the stem-cutting blades 58 so that the blades cut just above the interface. This mechanism comprises a lever arm 63 arranged to lift and lower the conveyor belt assembly. Figures 9A and 9B show the lever arm 63 in the raised and the lowered positions, respectively.” (p. 7-8)
Claim 19, also recites “means for determining a target cutting position”.
Claim 8, line 2 recites “means for attaching the mushroom packing apparatus”, which is described in the specification as “The means of attachment of the mushroom packing apparatus 10 onto the picking lorry depend upon the style of picking lorry, of which there are many in the industry. The drawings show an example of the means of attachment suitable for one such style of lorry. Referring to Figure 5, in this example embodiment the mushroom packing apparatus has a vertical member 7 4 adjacent to the loading end 44 of the conveyor, with two hooks 75A, 75B which engage respective horizontal members 77 A, 77B of the picking lorry. The support platform 14 and support platform base 64 is an assembly that pivotally attaches to the rest of the mushroom packing apparatus. It has a support member 79 extending downward from the support platform base 64 that engages with a channel member 82 on the picking lorry. One vertical end post 84 of the picking lorry also engages into a channel in the mushroom packing apparatus. In some growing operations, instead of picking lorries, simple wheeled carts are 25 used. The mushroom packing apparatus 10 may be readily attached to such wheeled carts.” (p. 11)
Claim 20, also recites “means for attaching the mushroom packing apparatus”.
Claim 9, lines 2-3 recite “mushroom-holding means for holding mushrooms loaded onto the conveyor”, which is described in the specification as “The conveyor belt assembly 22 comprises two spaced-apart chains 23 affixed to and separated by a plurality of cups 34 for holding the mushrooms 32.” (p. 6)
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 3 and dependents are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 3, line 10 recites “the container being mounted to swivel about its loading end”, there is no disclosure of the container being mounted to swivel. The specification section the applicant referred to in the Remarks recites that “The conveyor 12 is mounted on the frame 18 to swivel about its loading end 44 in such a manner that its unloading end 42 is movable across the width W of the container 16”. Therefore, the recitation of the container being swivelable is new matter.
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, 3, and dependents 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.
Claim 1, line 11 recites “its”, which is inherently unclear because it is not clear what element that is being referred to. Examiner will interpret as “the conveyor loading end”. This issue is also present in Claim 3.
Claim 3, line 10 recites “the container being mounted to swivel about its loading end”. The specification does not describe the container being on a swivel. Referring to the Remarks p. 10, Applicant states the support for this amendment is located in ¶[0032] of the applicant’s published application, which states “The conveyor 12 is mounted on the frame 18 to swivel about its loading end 44 in such a manner that its unloading end 42 is movable across the width W of the container 16”. Therefore, Examiner will interpret as “the conveyor being mounted to swivel about its loading end”
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.
Claim(s) 1-8, 11, 13, 15-19, and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over NL 9301467A, hereinafter “NL ‘467” reference made to the google patents translation provided with the non-final, in view of McWilliams (US 3,885,682), further in view of WO 2018/002345, hereinafter “WO ‘345” reference made to the publication provided with the non-final.
Claim 1, NL ‘467 teaches a mushroom (6-fig.1) packing apparatus (fig.1), comprising:
(a) a conveyor (2-fig.1) having a loading end (at 15-fig.1), a mushroom loading section (15-fig.1) for receiving mushrooms onto the conveyor (p.2) and an unloading end (5-fig.1) for unloading the mushrooms from the conveyor (p.2);
(b) a movable support platform (7,10,9-fig.1) adjacent to the unloading end (5-fig.1) of the conveyor (2-fig.1) for supporting a container (3-fig.1) holding a plurality of mushroom tills, the plurality of rows extending across a width of the container (container 3 is capable of holding a plurality of tills; Examiner notes the claims are drawn to a packing apparatus not a container or tills, therefore the apparatus merely needs to be capable of filling said type of container);
(c) the movable support platform (10,7,9-fig.1) having a weighing means (7-fig.1) for determining the weight of the mushrooms loaded into each of the tills in the container (p.1);
(d) the unloading end (5-fig.1) of the conveyor being movable between positions (p.1-2, see figs.1-3 showing the end 5 is moved back and forth by means of 11 and 14) proximate to the container (3-fig.1), for unloading of the mushrooms into the tills in each of the rows (5,14-figs.1-3; conveyor 3,5,14 are capable of filling rows of tills; p.2);
(e) the movable support platform (10,7,9-fig.1) being movable such that each of the tills in a respective one of said rows in the container (3-fig.1) is moved into a position proximate to the unloading end of the conveyor, for unloading of the mushrooms into each of the tills within said respective row (lifting pins 10 move up and down allowing for loading and unloading of container 3; p.2); and
(g) control means (13-fig.1) for controlling operation of the apparatus (p.2).
NL ‘467 does not expressly teach a conveyor being mounted to swivel about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container.
However, McWilliams teaches a conveyor (at least 58,70,72,64-figs.1-6) being mounted to swivel (64-fig.6) about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container (“The wheel assembly 46 operably mounts a loader head 58 cantilever fashion for lateral and vertical swinging or swivelling movement, with the head 58 being swung vertically by power operated piston and cylinder device 60, and the head 58 being swung horizontally by power operated piston and cylinder device 62 (see FIG. 6). Head 58 is swung about vertical axis 64 by device 62, and about horizontal axis 66 by device 60.” 3:33-41).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, by having the conveyor swivel horizontally/laterally, as taught by McWilliams, allows for even and efficient filling throughout the whole container, to prevent all the products from piling up in the center, and allows for the containers to be filled all the way with minimal open space.
NL ‘467 as modified by McWilliams does not expressly teach means for cutting stems from the mushrooms being conveyed on the conveyor.
However, WO ‘345 teaches means for cutting (40-fig.3) stems from the mushrooms being conveyed on the conveyor (28:10-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, by adding a means for cutting, as taught by WO’ 345, because it “avoids the need for the picker to manually cut the products, and thus frees up the other hand of the picker, increasing the picking efficiency.” (WO ‘345 28:16-18).
Claim 2, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, wherein the movable support platform (NL ‘467: 10,7,9-fig.1) is further movable such that the container is moved from a first position for receiving the mushrooms from the unloading end of the conveyor into the tills to a second position for removal of the container of tills loaded with mushrooms from the support platform (NL ‘467: lifting pins 10 move the container 3 up and down, between first and second positions; p.2).
Claim 3, NL ‘467 teaches a mushroom (6-fig.1) packing apparatus (fig.1), comprising:
(a) a conveyor (2-fig.1) having a loading end (at 15-fig.1), a mushroom loading section (15-fig.1) for receiving mushrooms onto the conveyor (p.2) and an unloading end (5-fig.1) for unloading the mushrooms from the conveyor (p.2);
(b) a movable support platform (7,10,9-fig.1) adjacent to the unloading end of the conveyor (5-fig.1) for supporting a container (3-fig.1), the container having a length generally parallel to a longitudinal axis of the packing apparatus and a width perpendicular to said length (see fig.1 showing that the container 3 has a length and width to be filled with mushrooms; p.2);
(c) the movable support platform (7,10,9-fig.1) having weighing means (7-fig.1) for determining the weight of the mushrooms loaded into the container (p.1);
(d) the unloading end (5-fig.1) of the conveyor being movable into a plurality of positions (p.1; see figs. 1-3 showing the end 5 is moved back and forth by means of 11 and 14) proximate to respective locations across the width of the container (3-fig.1), for unloading the mushrooms into said locations across the width of the container (5,14-figs.1-3; conveyor 3,5,14 are capable of filling across a width of a container; p.2);
(e) the movable support platform (10,7,9-fig.1) being movable such that a plurality of locations along the length of the container (3-fig.1) are moved into a position proximate to the unloading end of the conveyor, for unloading the mushrooms into the container at said plurality of locations along its length (lifting pins 10 move up and down allowing for loading and unloading of container 3; p.2); and
(g) control means (13-fig.1) for controlling operation of the apparatus (p.2).
NL ‘467 does not expressly teach a conveyor being mounted to swivel about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container.
However, McWilliams teaches a conveyor (at least 58,70,72,64-figs.1-6) being mounted to swivel (64-fig.6) about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container (“The wheel assembly 46 operably mounts a loader head 58 cantilever fashion for lateral and vertical swinging or swivelling movement, with the head 58 being swung vertically by power operated piston and cylinder device 60, and the head 58 being swung horizontally by power operated piston and cylinder device 62 (see FIG. 6). Head 58 is swung about vertical axis 64 by device 62, and about horizontal axis 66 by device 60.” 3:33-41).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, by having the conveyor swivel horizontally/laterally, as taught by McWilliams, allows for even and efficient filling throughout the whole container, to prevent all the products from piling up in the center, and allows for the containers to be filled all the way with minimal open space.
NL ‘467 as modified by McWilliams does not expressly teach means for cutting stems from the mushrooms being conveyed on the conveyor.
However, WO ‘345 teaches means for cutting (40-fig.3) stems from the mushrooms being conveyed on the conveyor (28:10-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467 and McWilliams, by adding a means for cutting, as taught by WO’ 345, because it “avoids the need for the picker to manually cut the products, and thus frees up the other hand of the picker, increasing the picking efficiency.” (WO ‘345 28:16-18).
Claim 4, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 3, wherein the movable support platform (NL ‘467: 10,7,9-fig.1) is further movable such that the container is moved from a first position for receiving the mushrooms from the unloading end of the conveyor to a second position for removal of the container loaded with mushrooms from the support platform (lifting pins 10 move up and down, therefore between a first and second position; p.2).
Claim 5, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, wherein the control means (NL ‘467: 15-fig.1; WO ‘345: 53-fig.8) is arranged to control movement of the conveyor, of the unloading end of the conveyor, of the movable support platform and of the stem cutter (NL ‘467: p.2; WO ‘345: 21:28-35.
Claim 6, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, further comprising means for moving the support platform vertically relative to the conveyor (NL ‘467: 10,7,9-fig.1; p.2).
Claim 7, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, further comprising means for determining a target cutting position on the stem of each said mushroom on the conveyor and for bringing the mushrooms into a position for cutting of the stem of each mushroom at the respective target cutting position (WO ‘345: 28:22-30).
Claim 8, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, further comprising means for attaching the mushroom packing apparatus to a mushroom picking lorry (NL ‘467: see fig.1 showing all parts art attached to fixed frame 1).
Claim 11, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, wherein the movable support platform is movable horizontally in both directions parallel to the length of the container (NL ‘467:9,7,10; 9 moves the container 3 horizontally p.1).
Claim 13, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1, further comprising a deflector adjacent the unloading end of the conveyor arranged to orient each mushroom to drop in a selected orientation (NL ‘467: 5-fig.1 is angled downwards to deflect the mushrooms into the container 3; p.2).
Claim 15, NL ‘467 as modified by McWilliams teaches the apparatus according to claim 14.
NL ‘467 as modified by McWilliams does not teach means for cutting stems from the mushrooms being conveyed on the conveyor.
However, WO ‘345 teaches means for cutting (40-fig.3) stems from the mushrooms being conveyed on the conveyor (28:10-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467 as modified by McWilliams, by adding a means for cutting, as taught by WO’ 345, because it “avoids the need for the picker to manually cut the products, and thus frees up the other hand of the picker, increasing the picking efficiency.” (WO ‘345 28:16-18).
Claim 19, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 15, further comprising means for determining a target cutting position on the stem of each said mushroom on the conveyor and for bringing the mushrooms into a position for cutting of the stem of each mushroom at the respective target cutting position (WO ‘345: 28:22-30).
Claim 25, NL ‘467 teaches a method of packing mushrooms (6-fig.1) into a container (3-fig.1), comprising the steps of:
(a) placing the mushrooms onto a loading section (15-fig.1) of a conveyor (2-fig.1; p.2);
(c) moving the mushrooms on the conveyor to an unloading end (5-fig.1) of the conveyor (2-fig.1; p.2);
(d) dropping the mushrooms from the unloading end (5-fig.1) of the conveyor into the container (3-fig.1), the container having a length generally parallel to a longitudinal axis of the packing apparatus and a width perpendicular to said length (see fig.1 showing that the container 3 has a length and width to be filled with mushrooms; p.2), the container being supported on a movable support platform (7,10,9-fig.1);
(e) moving the unloading end (5-fig.1) of the conveyor into positions proximate to a plurality of positions proximate to respective locations across the width of the container, for unloading of the mushrooms into the container at said plurality of locations (5,14-figs.1-3; conveyor 3,5,14 are capable of filling across a width of a container; p.2); and
(f) moving the support platform (7,10,9-fig.1) to move the container such that locations along the length of the container are brought into a position proximate to the unloading end of the conveyor, for unloading of the mushrooms into the container at said locations along the length of the container (lifting pins 10 move up and down allowing for loading and unloading of container 3; p.2).
NL’467 does not expressly teach swiveling the conveyor to move the unloading end of the conveyor into positions proximate to a plurality of positions proximate to respective locations across the width of the container.
However, McWilliams teaches swiveling (64-fig.6) the conveyor (at least 58,70,72,64-figs.1-6) to move the unloading end of the conveyor into positions proximate to a plurality of positions proximate to respective locations across the width of the container (“The wheel assembly 46 operably mounts a loader head 58 cantilever fashion for lateral and vertical swinging or swivelling movement, with the head 58 being swung vertically by power operated piston and cylinder device 60, and the head 58 being swung horizontally by power operated piston and cylinder device 62 (see FIG. 6). Head 58 is swung about vertical axis 64 by device 62, and about horizontal axis 66 by device 60.” 3:33-41).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, by having the conveyor swivel horizontally/laterally, as taught by McWilliams, allows for even and efficient filling throughout the whole container, to prevent all the products from piling up in the center, and allows for the containers to be filled all the way with minimal open space.
NL ‘467 as modified by McWilliams does not expressly teach cutting the stems of the mushrooms on the conveyor.
However, WO ‘345 teaches cutting (40-fig.3) the stems of the mushrooms on the conveyor (28:10-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus/method of NL ‘467 and McWilliams, by adding a means for cutting, as taught by WO’ 345, because it “avoids the need for the picker to manually cut the products, and thus frees up the other hand of the picker, increasing the picking efficiency.” (WO ‘345 28:16-18).
Claim 26, NL ‘467 as modified by McWilliams and WO ‘345 teaches a method according to claim 25, further comprising, after step (f):(g) moving the support platform (NL’467: 7,10,9-fig.1) to move the container from a loading position to a removal position for removal of the container from the support platform (NL’467: lifting pins 10 move up and down allowing for loading and unloading of container 3; p.2).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over NL 9301467A, hereinafter “NL ‘467” reference made to the Google Patents translation provided with the non-final, in view of McWilliams (US 3,885,682) and WO 2018/002345, hereinafter “WO ‘345” reference made to the publication provided with the non-final, further in view of EP 4094571, hereinafter “EP ‘571” reference made to the ESPACENET translation provided with the non-final.
Claim 9, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1.
NL ‘467 as modified by McWilliams and WO ‘345 does not expressly teach a conveyor belt assembly having mushroom-holding means for holding mushrooms loaded onto the conveyor.
However, EP ‘571 teaches a conveyor belt assembly (4-fig.13) having mushroom-holding means (5-fig.13) for holding mushrooms loaded onto the conveyor (¶[0038]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, McWilliams, and WO ‘345, by a conveyor belt having mushroom-holding means, as taught by EP ‘571, to prevent damage to the mushrooms by protecting them in recesses when they are being conveyed.
Claim 10, NL ‘467 as modified by McWilliams, WO ‘345 and EP ‘571 teaches the apparatus according to claim 9, wherein the mushroom-holding means comprises cups (EP ‘571: 5-fig.13; ¶[0038]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over NL 9301467A, hereinafter “NL ‘467” reference made to the google patents translation provided with the non-final, in view of McWilliams (US 3,885,682) and WO 2018/002345, hereinafter “WO ‘345” reference made to the publication provided with the non-final, further in view of Maior (US 3,983,259).
Claim 12, NL ‘467 as modified by McWilliams and WO ‘345 teaches the apparatus according to claim 1.
NL ‘467 as modified by McWilliams and WO ‘345 does not teach a mushroom slicer for slicing the mushrooms into a plurality of slices.
However, Maior teaches a mushroom slicer (14-fig.2) for slicing the mushrooms into a plurality of slices (1:61-2:12).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, McWilliams, and WO ‘345, by adding a mushroom slicer, as taught by Maior, to produce sliced mushrooms, which are typically sold in the grocery store for consumers.
Claim(s) 14, 16-18, 20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over NL 9301467A, hereinafter "NL '467" reference made to the google patents translation provided with the non-final, in view of McWilliams (US 3,885,682).
Claim 14, NL ‘467 teaches a mushroom (6-fig.1) packing apparatus (fig.1), comprising:
(a) a conveyor (2-fig.1) having a mushroom loading section (at 15-fig.1) for receiving mushrooms onto the conveyor (p.2) and an unloading end (5-fig.1) for unloading the mushrooms from the conveyor into a container (p.2), the container having a length generally parallel to a longitudinal axis of the packing apparatus and a width perpendicular to said length (container 3 is capable of having said configuration; Examiner notes the claims are drawn to a packing apparatus not a container or tills, therefore the apparatus merely needs to be capable of filling said type of container);
(b) a movable support platform (7,10,9-fig.1) adjacent to the unloading end of the conveyor (5-fig.1) for supporting the container (p.2; see fig.1 showing 3 sitting on 7,10,9);
(c) the movable support platform (7,10,9-fig.1) having weighing means (7-fig.1) for determining the weight of the mushrooms loaded into the container (p.1);
(d) the unloading end (5-fig.1) of the conveyor being movable into a plurality of positions relative to the container (p.1; see figs.1-3 showing the end 5 is moved back and forth by means of 11 and 14), for unloading the mushrooms into a plurality of locations in the container (5,14-figs.1-3; conveyor 3,5,14 are capable of filling into a plurality of locations within a container; p.2);
(e) the movable support platform (10,7,9-fig.1) being movable such that a plurality of locations in the container are movable into a position proximate to the unloading end of the conveyor, for unloading the mushrooms into the plurality of locations in the container (lifting pins 10 move up and down allowing for loading the mushrooms into a plurality of locations within a container; p.2); and
(f) control means (13-fig.1) for controlling operation of the apparatus (p.2).
NL ‘467 does not expressly teach a conveyor being mounted to swivel about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container.
However, McWilliams teaches a conveyor (at least 58,70,72,64-figs.1-6) being mounted to swivel (64-fig.6) about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container (“The wheel assembly 46 operably mounts a loader head 58 cantilever fashion for lateral and vertical swinging or swivelling movement, with the head 58 being swung vertically by power operated piston and cylinder device 60, and the head 58 being swung horizontally by power operated piston and cylinder device 62 (see FIG. 6). Head 58 is swung about vertical axis 64 by device 62, and about horizontal axis 66 by device 60.” 3:33-41).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, by having the conveyor swivel horizontally/laterally, as taught by McWilliams, allows for even and efficient filling throughout the whole container, to prevent all the products from piling up in the center, and allows for the containers to be filled all the way with minimal open space.
Claim 16, NL ‘467 as modified by McWilliam teaches the apparatus according to claim 14, wherein the movable support platform (NL ‘467: 10,7,9-fig.1) is further movable such that the container is moved from a first position for receiving the mushrooms from the unloading end of the conveyor to a second position for removal of the container loaded with mushrooms from the support platform (NL ‘467: lifting pins 10 move up and down, therefore between a first and second position; p.2).
Claim 17, NL ‘467 as modified by McWilliams teaches the apparatus according to claim 14, wherein the control means (NL ‘467: 15-fig.1) is arranged to control movement of the conveyor, of the unloading end of the conveyor, and of the movable support platform (NL ‘467: p.2).
Claim 18, NL ‘467 as modified by McWilliams teaches the apparatus according to claim 14, further comprising means for moving the support platform vertically relative to the conveyor (NL ‘467: 10,7,9-fig.1; p.2).
Claim 20, NL ‘467 as modified by McWilliams teaches the apparatus according to claim 14, further comprising means for attaching the mushroom packing apparatus to a mushroom picking lorry (NL ‘467: see fig.1 showing all parts art attached to fixed frame 1).
Claim 22, NL ‘467 as modified by McWilliams teaches the apparatus according to claim 14, wherein the movable support platform is movable horizontally in both directions parallel to the length of the container (NL ‘467:9,7,10; 9 moves the container 3 horizontally p.1).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over NL 9301467A, hereinafter "NL '467" reference made to the Google Patents translation provided with the non-final, in view of McWilliams (US 3,885,682), further in view of EP 4094571, hereinafter "EP '571" reference made to the ESPACENET translation provided with the non-final.
Claim 21, NL ‘467 as modified by McWilliams teaches the apparatus according to claim 14.
NL ‘467 as modified by McWilliams does not expressly teach a conveyor belt assembly having cups for holding mushrooms loaded onto the conveyor.
However, EP ‘571 teaches a conveyor belt assembly (4-fig.13) having cups (5-fig.13) for holding mushrooms loaded onto the conveyor (¶[0038]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467 and McWilliams, by a conveyor belt having mushroom-holding means, as taught by EP ‘571, to prevent damage to the mushrooms by protecting them in recesses when they are being conveyed.
Claim(s) 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over NL 9301467A, hereinafter “NL ‘467” reference made to the google patents translation provided with the non-final, in view of WO 2018/002345, hereinafter “WO ‘345” reference made to the publication provided with the non-final, and further in view of McWilliams (US 3,885,682) and Sikorski (US 2017/0240333).
Claim 23, NL ‘467 teaches a method (Title) of packing mushrooms (6-fig.1) into a container (3-fig.1), comprising the steps of:
(a) placing the mushrooms (6-fig.1) onto a loading section (at 15-fig.1) of a conveyor (2-fig.1; p.2);
(c) moving the mushrooms on the conveyor to an unloading end (5-fig.1) of the conveyor (p.2);
(d) dropping the mushrooms from the unloading end (5-fig.1) of the conveyor into the container, the container (3-fig.1) being supported on a movable support platform (10,7,9-fig.1);
(e) moving the unloading end of the conveyor into positions (p.1-2; see figs.1-3 showing the end 5 is moved back and forth by means of 11 and 14) proximate to the container (5,14-figs.1-3; conveyor 3,5,14 moves to fill container 3; p.2); and
(f) moving the support platform (10,7,9-fig.1) to move the container into a position proximate to the unloading end of the conveyor, for unloading of the mushrooms into the container (lifting pins 10 move up and down allowing for the loading and unloading of container 3; p.2).
NL ‘467 does not teach cutting the stems of the mushrooms on a conveyor.
However, WO ‘345 teaches cutting (40-fig.3) the stems of the mushrooms on a conveyor (28:10-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467, by adding a means for cutting, as taught by WO’ 345, because it “avoids the need for the picker to manually cut the products, and thus frees up the other hand of the picker, increasing the picking efficiency.” (WO ‘345 28:16-18).
NL ‘467 and WO ‘345 does not expressly teach a conveyor being mounted to swivel about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container.
However, McWilliams teaches a conveyor (at least 58,70,72,64-figs.1-6) being mounted to swivel (64-fig.6) about the conveyor loading end whereby the unloading end of the conveyor is moved across the width of the container (“The wheel assembly 46 operably mounts a loader head 58 cantilever fashion for lateral and vertical swinging or swivelling movement, with the head 58 being swung vertically by power operated piston and cylinder device 60, and the head 58 being swung horizontally by power operated piston and cylinder device 62 (see FIG. 6). Head 58 is swung about vertical axis 64 by device 62, and about horizontal axis 66 by device 60.” 3:33-41).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the apparatus of NL ‘467 and WO ‘348, by having the conveyor swivel horizontally/laterally, as taught by McWilliams, allows for even and efficient filling throughout the whole container, to prevent all the products from piling up in the center, and allows for the containers to be filled all the way with minimal open space.
NL ‘467 as modified by WO’ 345 and McWilliams does not expressly teach a plurality of tills held in a container, the tills being arranged in a plurality of rows across the width of the container, with each row having a plurality of tills along the length of the container.
However, Sikorski teaches a plurality of tills (36-fig.16) held in a container (1,2,3,4,5-fig.16), the tills being arranged in a plurality of rows across the width of the container (¶[0169]), with each row having a plurality of tills along the length of the container (¶[0146]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of NL ‘467, WO ‘345 and McWilliams, by filling a container with a plurality of tills, as taught by Sikorski, for transporting and sale of soft fruits and mushrooms and reduces the steps for getting mushrooms ready for sale, but packaging the mushrooms directly into tills.
Claim 24, NL ‘467 as modified by WO ‘345, McWilliams, and Sikorski teaches the method according to claim 23, further comprising, after step (f):
(g) moving the support platform (NL ‘467: 10,7,9-fig.1) to move the container from a loading position to a removal position for removal of the container from the support platform (NL ‘467: lifting pins 10 move up and down allowing for loading and unloading of container 3; p.2).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thanh Truong can be reached on (571)272-4472. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATIE L GERTH/Examiner, Art Unit 3731
/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731