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 .
Allowable Subject Matter
Claims 5-7 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.
Regarding claim 5, Olson in view of Ford fails to teach or suggest the piston-plunger is further operable to enter an end of the sample tube to push the agricultural material out of the sample tube.
Regarding claim 6, Olson fails to teach or suggest a plurality of spray nozzles coupled to the carriage (122 holder).
Claim 7 is dependent upon claim 6.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Olson (US 2019/0331703 cited in IDS).
Regarding claim 1, Olson figures 1 and 6 teach a sample unloading system comprising:
a wash-down enclosure (12 device housing) defining an inner chamber;
a rotatable carriage (122 holder) disposed in the inner chamber, the carriage configured to receive a sample tube (90 sample container) containing an agricultural material and rotate the sample tube between a plurality of rotational positions (P1-P3);
a tube gripper mechanism (124a, 124b grip member) disposed on the carriage, the tube gripper mechanism configured to selectively engage the sample tube when positioned in the carriage;
wherein the tube gripper mechanism retains the sample tube in the carriage when the sample tube is in an inverted position.[022][0034-36]
As to the limitation of a sample tube containing an agricultural material, the limitation is directed towards the intended use of the contents of the sample tube and the sample tube is capable of containing agricultural material.
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.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olson (US 2019/0331703 cited in IDS), as applied to claim 1, and in further view of Ford (US 2011/0150609).
Regarding claim 2, Olson is silent to the tube gripper mechanism comprises a spring-biased gripper actuator operably coupled to a pair of collapsible and spreadable gripping arm linkages configured to selectively engage and disengage the sample tube.
Ford is directed towards a crucible shuttle assembly where figure 7 teaches a tube gripper mechanism comprises a spring-biased gripper actuator (23’ spring) operably coupled to a pair of collapsible and spreadable gripping arm linkages (25, 27 arm) configured to selectively engage and disengage the sample tube.[0035]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a configuration as taught in Ford for efficient movement of the crucible.[0002]
Regarding claim 3, Ford figure 7 suggests the gripping arm linkages (25, 27 arm) are engageable with a circumferential retention groove formed on an exterior surface of sample tube.
Regarding claim 4, Ford figure 7 teaches a piston-plunger (100 piston) linearly movable to engage the gripper actuator which actuates the tube gripper mechanism.[0039]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Scheiderer (US 9,116,078) directed towards a soil sampler.
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CRISTI J. TATE-SIMS
Primary Examiner
Art Unit 1711
/CRISTI J TATE-SIMS/Primary Examiner, Art Unit 1711