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 .
Response to Amendment
Receipt is acknowledged of Applicant's Response filed June 30, 2026, in which claims 1 and 16 were amended to add new issues which require additional search consideration. Claims 9, 19 and 20 were cancelled. The corresponding new rejections are shown below.
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.
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.
Claims 1-2, 4-8 and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yaoi (US 20210102833 A1) in view of Wang (TW M554292 U).
Regarding claim 1, Yaoi discloses in figures 1 and 3B a container (5), comprising: a frame (10), wherein the frame (10) is produced from a metal material (ex: stainless steel), wherein the frame (10) has at least one suspension device (14). Yaoi fails to explicitly disclose that the frame has no welding connections.
Wang teaches a frame with no welding connections (Page 9 in the translated document; 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 use Yaoi’s body of the weigh hopper without welding connections as taught by Wang because this design will greatly eliminate hard-to-reach areas for dirt and grime to accumulate (Wang).
Regarding claim 2, Yaoi discloses in figures 1 and 3B the container (5) according wherein the frame (10) is produced from stainless steel (ex: stainless steel).
Regarding claim 4, Yaoi discloses in figures 1 and 3B the container (5), wherein the frame (10) has a duct-shaped section (ex: square tube-shaped hollow member whose top and bottom are open).
Regarding claim 5, Yaoi discloses in figures 1 and 3B the container (5), which furthermore has a section adapted to a flap shape (see Figs.2-3B), which is attached to the duct-shaped section (ex: square tube-shaped hollow member whose top and bottom are open).
Regarding claim 6, Yaoi discloses in figures 1 and 3B the container (5), wherein the frame (10) is formed in one piece (see Figs.2-3B).
Regarding claim 7, Yaoi discloses in figures 1 and 3B the container (5), wherein a surface structuring (see Figs. 2-3B) is provided on an inner side of the frame (10).
Regarding claim 8, Yaoi discloses in figures 1 and 3B the container (5), wherein at least one flap fastening device (41) is provided on an outer side of the frame (10).
Regarding claim 10, Yaoi discloses in figures 1 and 3B the container (5), further comprising: at least one flap (20) which is adapted to close (para [0049]) a lower opening (10b) of the container (5), wherein the at least one flap (20) is mounted pivotably (para [0051]) on the at least one flap (20) fastening device (41), wherein the at least one flap (20) is connected by a flap actuating mechanism (141) to a rotary shaft (40), wherein the rotary shaft (40) is mounted in bearing points of a suspension device (14) of the frame (10).
Regarding claim 11, Yaoi discloses in figures 1 and 3B the container (5), wherein the at least one flap (20) includes two flaps (21 and 23) that are connected to one another by a connecting element (22).
Regarding claim 12, Yaoi discloses in figures 1 and 3B the container (5), wherein movement (see Figs.2-3B) of the flap actuating mechanism (141) is limited by a limiting section (see Figs.2-3B) which is formed integrally with the frame (10).
Regarding claim 13, Yaoi discloses in figures 1 and 3B the container (5), further comprising: at least one flap (20) which is adapted to close a lower opening of the container (5), wherein the at least one flap (20) is mounted pivotably on the at least one flap fastening device (41), wherein the at least one flap (20) is connected by a flap actuating mechanism (141) to a rotary shaft (40), wherein the rotary shaft (40) is mounted in bearing points (see Figs.2-3B) of a suspension device (14) of the frame (10).
Regarding claim 14, Yaoi discloses in figures 1 and 3B the container (5), wherein the at least one flap (20) includes two flaps (21 and 23) that are connected to one another by a connecting element (22).
Regarding claim 15, Yaoi discloses in figures 1 and 3B the container (5), wherein movement of the flap actuating mechanism (141) is limited by a limiting section (see Figs.2-3B) which is formed integrally with the frame (10).
Regarding claim 16, Yaoi discloses in figures 1 and 3B a combination scale (a combination weighing apparatus) comprising: a plurality of weighing containers (plural weigh hoppers), each weighing container (5) including a frame (10), wherein each frame (5) is produced from a metal material (ex: stainless steel), wherein the frame (10) has at least one suspension device (14), and wherein each frame (10); and a collecting device (6) which is adapted to bring together products (para [0038]) from the weighing containers (5), wherein the weighing containers (5) are adapted to record a weight signal (para [0035]) over time. Yaoi fails to explicitly disclose that the frame has no welding connections.
Wang teaches a frame with no welding connections (Page 9 in the translated document; 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 use Yaoi’s body of the weigh hopper without welding connections as taught by Wang because this design will greatly eliminate hard-to-reach areas for dirt and grime to accumulate (Wang).
Regarding claim 17, Yaoi discloses in figures 1 and 3B the combination scale (a combination weighing apparatus) further comprising: a distribution plate (2) and a plurality of metering channels (3), which are respectively provided with a drive (see Fig.1), which are provided above the weighing containers (5).
Regarding claim 18, Yaoi discloses in figures 1 and 3B the combination scale (a combination weighing apparatus) further comprising a plurality of storage containers (5), wherein each storage container (5) includes a frame (10), wherein each frame (10) is produced from a metal material (ex: stainless steel). Yaoi fails to explicitly disclose that the frame has no welding connections.
Wang teaches a frame with no welding connections (Page 9 in the translated document; 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 use Yaoi’s body of the weigh hopper without welding connections as taught by Wang because this design will greatly eliminate hard-to-reach areas for dirt and grime to accumulate (Wang).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yaoi in view of Wang in further view of Rumikewitz (WO 2022263517 A1).
Regarding claim 3, Yaoi discloses in figures 1 and 3B the container (5), wherein the frame (10). Yaoi and Wang fail to explicitly disclose produced by a primary forming method, preferably a casting method, more preferably a precision casting method.
However, the Examiner notes that this is a product-by-process limitation, and the claim is not limited to the recited steps, only the structure implied by the steps. Here, the implied structure is merely a single piece of stainless steel. See MPEP 2113.I.
Furthermore, Rumikewitz teaches a frame produced by a primary forming method (method for casting parts), preferably a casting method (method for casting), more preferably a precision casting method (high-precision castings) from a single piece of stainless steel.
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to manufacture Yaoi and Wang container using a casting method as taught by Rumikewitz because this will provide a greater surface finish and can be used with different materials.
Conclusion
THIS ACTION IS MADE FINAL. 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 MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
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/MIREILLE S SADATE-MOUALEU/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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