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 .
Drawings
The drawings are objected to because they do not comply with 37 CFR 1.84(b) as they appear to be photocopies of photographs and because they do not show details such as the helical formation 97 on the screw 96 in at least figures 1-3.
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.
Claim Objections
Claims 9 and 11 objected to because of the following informalities:
Claim 9 includes a clause reading “the wing portions to rest on and slide along low friction side panels of the frame”. This clause may contain a typographical error. It appears it may be in better form if it read “the wing portions resting on and sliding along low friction side panels of the frame”.
Claim 11 states that the drive assembly comprises a motor driving “a drive shaft”, but claim 1, from which claim 11 depends already recited a drive shaft. As such, it appears the above quoted language should read “the drive shaft”.
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.
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.
Examples of claim limitations that invoke 35 U.S.C. 112(f) include “spaced engagement means”.
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.
Claim 2 is 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.
Claims 2, 11, and 13-14 recite the limitation "the track". There is insufficient antecedent basis for this limitation in claims 2, 11, and 13. While claim 1 recites a “conveyor track”, this recitation does not provide precise antecedent basis for the term “the track”. Additionally, the last line of the claim 2 refers to “the conveyor track”. It appears that the above quoted portion of claims 2, 11, and 13-14 should read “the conveyor track” so that the same term is used throughout the claims to refer to the same part.
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)(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.
Claims 1, 3-5, 7-8, 11, 13-14 are rejected under 35 U.S.C. 102a1 as being anticipated by DE 2 2010 013 609.
In regard to claim 1, the German document shows a conveyor assembly with an elongate frame 10 to which a looped conveyor track formed by a plurality of segments 12 is mounted. The frame has a longitudinal direction extending in a vertical direction in the annotated figure below. The conveyor track is movable along the longitudinal direction and includes spaced engagement means 16A/B. A drive assembly includes a drive shaft 18B carrying a drive screw with a helical drive formation 18C. The drive shaft 18B and the drive screw 18C are oriented parallel to the longitudinal direction of the frame 10. The helical drive formation 18C engages the spaced engagement means of the conveyor track 14A/B/16A/B.
In regard to claim 3, the conveyor track is formed by linked segments 12 which are joined in series to form the looped track.
In regard to claim 4, each segment 12 comprises an elongated body 12/12A/14A/B which extends laterally between side edges E of the frame. The body includes a flat upper surface S, a leading edge L, a trailing edge T and side edges X (see the annotated figure below). The leading edge of the segment first coupling means C1. The trailing edge of the segment includes a second coupling means C2 to join with first coupling means of an adjacent trailing segment.
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In regard to claim 5, the first coupling means includes at least one rod 12A which extends parallel to the lateral direction of the body.
In regard to claim 7, the first coupling means C1 includes a central portion of the rod 12A and two side rods 14A/B at either side of the central rod.
In regard to claim 8, the second coupling means C2 comprises at least one trailing tab which corresponds and hingedly attaches with the rod 12A of the leading edge.
In regard to claim 11, the drive assembly comprises a motor 22 driving a drive shaft 18D. The drive shaft carries at least one drive screw 18B which has a helical groove 18C formed at an outer surface. The drive screw engages the spaced engagement means 16A/B of the conveyor track.
In regard to claim 13, the conveyor track comprises lateral edges X. The spaced engagement means comprises evenly spaced rollers or cam followers 16A/B disposed adjacent to lateral edges.
In regard to claim 14, the conveyor track includes spaced formations defined by through holes holding the rod 12A at its lower portion (see figure 2, which shows the rod 12A extending through the lower half of the segment 12). The spaced formations are shaped to receive a respective connecting rod 12A having the roller or cam 16A/B follower at an outer end 14A/B thereof.
As described above, the German document shows all the structure required by claims 1, 3-5, 7-8, 11, 13-14.
Claims 1, 3-5, 7-9, and 11-12 are rejected under 35 U.S.C. 102a1 as being anticipated by Layne (US 5,911,305)
In regard to claim 1, Layne shows a conveyor assembly with an elongate frame 27 to which a looped conveyor track 11 formed by a plurality of segments 14 is mounted. The frame has a longitudinal direction extending in a horizontal direction in figure 2. The conveyor track 11 is movable along the longitudinal direction and includes spaced engagement means 102. A drive assembly with a drive shaft 106 carrying a drive screw 108 with a helical drive formation 110 is also provided. The drive shaft 106 and the drive screw 108 are oriented parallel to the longitudinal direction of the frame 27. The helical drive formation 110 engages the spaced engagement means 102 of the conveyor track 11.
In regard to claim 3, the conveyor track 11 is formed by linked segments 12 which are joined in series to form the looped track.
In regard to claim 4, each segment 14 comprises an elongated body 21/22 which extends laterally between side edges of the frame 27 (see side edges of the frame adjacent edges of the conveyor track 11 in figure 6). The body includes a flat upper surface S, a leading edge L, a trailing edge T and side edges X (see the annotated figure below). The leading edge of the segment first coupling means 25/29. The trailing edge of the segment includes a second coupling means 24/30 to join with first coupling means of an adjacent trailing segment.
In regard to claim 5, the first coupling means includes at least one rod 25 which extends parallel to the lateral direction of the body.
In regard to claim 7, the first coupling means 29 includes a central rod CP and two side rods SR at either side of the central rod.
In regard to claim 8, the second coupling means C2 comprises at least one trailing tab which corresponds and hingedly attaches with the rod 12A of the leading edge.
In regard to claim 9, each segment 14 comprises a central portion over the drive assembly as illustrated in figure 6 and wing portions extending laterally outwards from the central portion. The wing portions rest on and slide along side panels 27 of the frame. While the structure of the side panels 27 is not discussed, they must inherently be relatively low friction or the segments would not slide thereon.
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In regard to claim 11, the drive assembly comprises a motor M driving the drive shaft 106. The drive shaft 106 carries at least one drive screw 108 which has a helical groove 110 formed at an outer surface. The drive screw engages the spaced engagement means 102 of the track.
In regard to claim 12, the spaced engagement means 102 comprises angled spaced projections 102 (see figure 4a) that engage the helical drive formation 110 of the drive assembly.
As described above, Layne shows all the structure required by claims 1, 3-5, 7-9, and 11-12.
Claims 1, 3, 11, 13, 15 are rejected under 35 U.S.C. 102a1 as being anticipated by Karr (US 3,493,097).
In regard to claim 1, the Karr shows a conveyor assembly with an elongate frame 60/62 to which a looped conveyor track formed by a plurality of segments 20/22 is mounted. The frame has a longitudinal direction extending into the page as illustrated in figure 4. The conveyor track is movable along the longitudinal direction and includes spaced engagement means 54. A drive assembly includes a drive shaft DS carrying a drive screw 80 with a helical drive formation DF (see the annotated figures below). The drive shaft DS and the drive screw 80 are oriented parallel to the longitudinal direction of the frame 60/62. The helical drive formation DF engages the spaced engagement means 54 of the conveyor track.
In regard to claim 3, the conveyor track is formed by linked segments 12 which are joined in series to form the looped track.
In regard to claim 11, the drive assembly comprises a motor 86 driving a drive shaft DS. The drive shaft carries at least one drive screw 80 which has a helical groove DF formed at an outer surface. The drive screw engages the spaced engagement means 54 of the conveyor track.
In regard to claim 13, the conveyor track comprises lateral edges X. The spaced engagement means comprises evenly spaced rollers or cam followers 54 disposed adjacent to lateral edges.
In regard to claim 15, the drive shaft DS and the drive screw 80 are disposed above the spaced engagement means 54 at an upper portion of the conveyor track (see figure 4).
As described above, Karr shows all the structure required by claims 1, 3, 11, 13, and 14.
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Layne in view of Karr.
In regard to claim 9, assuming for the sake of argument that the side panels 27 are not “low friction”, it should be noted that Karr shows side panels 60/62 that vent air through channels 64/66. Karr teaches that this reduces friction between the segments of the conveyor track and the side panels. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide channels that vent air in the side panels 27 in order to reduce friction according to the teachings of Karr. When this is done, the resulting apparatus would have low friction side panels as required by the claims.
In regard to claim 10, it should be noted that the side panels 27 form elongate rail sections. While the end frame structure is not shown, it would have been obvious to any ordinary mechanic and anyone of ordinary skill in the art before the effective filing date of the present invention that the rails could be connected to end plates for stability. As such, the use of end plates to connect the elongate rail sections formed by the side panels is deemed to have been an obvious design choice absent some disclosure in the applicant’s specification of some unusual advantage or result. In re Kuhle, 188 USPQ 7 (CCPA 1975).
Allowable Subject Matter
Claim 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 6 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A DEUBLE whose telephone number is (571)272-6912. The examiner can normally be reached Monday-Friday flex schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A DEUBLE/Primary Examiner, Art Unit 3651