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 .
The specification, abstract, drawings and claims of February 9, 2024 are under examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on February 9, 2024. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
The limitation “linkage means configured to connect one linkage element to another” in claim 6 is not being interpreted under 35 USC 112(f) because “linkage” is considered to sufficient structure.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim(s) 1-6, 9-14, 16-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hapman (USPN 2429549).
Regarding Claim(s) 1, Hapman (USPN 2429549) teaches a material transport elevator for transporting bulk material, the material elevator comprising: a transport means comprising at least one tail sprocket (48), at least one head sprocket (31), at least one inlet (hopper 53 in figure 1) and at least one outlet (outlet of chute 27), wherein the or each inlets or outlets are disposed between the or each sprockets; a continuous conveyor mechanism (“endless chain”) supported by and extending between the or each sprockets, wherein the continuous conveyor mechanism comprises a plurality of linkage elements (flight 33, see embodiment of Figures 13-15) each comprising at least one linkage member (arms 78,79) connecting the linkage elements; and wherein, in use, the linkage elements are configured to transport bulk material received at the or each inlet to be discharged into a guide chute (converging walls 25 of casing 21) corresponding to a space between teeth of the tail or head sprockets and subsequently into the or each outlet, and the linkage members cooperate as structural load bearing members of the continuous conveyor mechanism. The arms (78,79) are used to connect flights (33) together and would bear the load of the endless chain.
Regarding Claim(s) 2, each of the linkage elements further comprises at least one carrying member (web 75) surrounding and connected to the at least one linkage member.
Regarding Claim(s) 3, the at least one linkage member and each of the carrying members comprise a payload volume comprising an opening into which bulk material is received into the payload volume from the at least one inlet and through which bulk material is discharged into the at least one outlet. Figures 13 and 14 show a volume (bounded by dashed lines) comprising an opening (the open portion when looking onto Figure 15).
Regarding Claim(s) 4, the or each carrying member has a cylindrical envelope or a cylindrical bounding volume that extends circumferentially around the at least one linkage member. Figure 15 shows a circular cross-section; therefore, the flight would have a cylindrical envelope.
Regarding Claim(s) 5, the or each carrying member comprises a circular cross section and an axis concentric with an axis of the at least one linkage member (see Figure 15).
Regarding Claim(s) 6, the at least one linkage member further comprises an inner (arms 79) and outer (arms 78) linkage means configured to connect one linkage element to another.
Regarding Claim(s) 9, the transport means further comprises one or more transport paths (6,7) extending between the or each tail and head sprockets.
Regarding Claim(s) 10, the one or more transport paths comprise the at least one inlet disposed between the tail and head sprockets (see Figure 1, hopper 53).
Regarding Claim(s) 11, the or each outlet is proximal to the or each head sprockets (see Figure 1, chute 27 near pulley 31).
Regarding Claim(s) 12, bulk material from a linkage element is discharged into the at least one outlet by reorientation of the linkage element. As the flight moves around the pulley, the material would be discharged.
Regarding Claim(s) 13, the bulk material discharged from the reorientated linkage element is received and directed by a discharge chute (portion of chute 27 connected to the casing 21) to the at least one outlet.
Regarding Claim(s) 14, the guide chute directs bulk material discharged by the reorientated linkage element to the discharge chute in a direction of the head sprocket axis. The chute (27) extends in a direction of an axis (shaft 29).
Regarding Claim(s) 16, each of the linkage elements is rigid and comprises no moving parts for when bulk material is received at the or each inlet for transport, and for when the bulk material is discharged at the or each outlet. The flights (33) are rigid and comprise no moving parts.
Regarding Claim(s) 17, a center of mass of the bulk material is coincident with a resultant line of force of the continuous conveyor mechanism. The web (75) is centered on the arms (78,79); therefore, the center of mass of the bulk material would be coincident with the line of force of the conveyor mechanism.
Regarding Claim(s) 18, Hapman teaches a linkage element (flight 33, see Figures 13-15) for a material transport elevator, the linkage element comprising: at least one linkage member (arms 78,79) that is connected to at least one carrying member (web 75), wherein each linkage member and each carrying member comprises a payload volume (Figures 13 and 14 show a volume (bounded by dashed lines) comprising an opening (the open portion when looking onto Figure 15)) comprising an opening into which bulk material is received into the payload volume and through which the bulk material is discharged; and wherein, in use, the at least one linkage member is configured to connect linkage elements (by pin 83) to form a continuous conveyor mechanism to transport bulk material from a first elevation to a second elevation of the material transport elevator (from hopper 53 to chute 27), whereby the linkage members of the linkage elements cooperate as structural load bearing members of the continuous conveyor mechanism such that a center of mass of the linkage element is coincident with a resultant line of force of the continuous conveyor mechanism regardless of if the carrying member is empty, or loaded either partially or fully with bulk material. As described above, the arms (78,79) bear the load of the endless chain. Further, based on the position of the arms, the center of mass of the linkage element is coincident with a resultant line of force of the continuous conveyor mechanism regardless of if the carrying member is empty, or loaded either partially or fully with bulk material.
Regarding Claim(s) 19, the at least one linkage member is a structural load bearing member of the continuous conveyor mechanism. The arms are load bearing, as described above.
Regarding Claim(s) 20, bulk material from the linkage element is discharged by reorientation of the linkage element. As the flight moves around the pulley, the material would be discharged.
Regarding Claim(s) 21, the linkage element is integrally formed [Col. 6:62, “formed integral”].
Regarding Claim(s) 22, Hapman teaches a material transport elevator for transporting bulk material, the material elevator comprising: a transport means comprising at least one tail sprocket (48) , at least one head sprocket (31) at an elevation above the or each tail sprockets, one or more transport paths (6,7) extending between the tail and head sprockets, wherein the one or more transport paths comprise an inlet (hopper 53) and an outlet (outlet of chute 27) disposed between the tail and head sprockets; a continuous conveyor mechanism (endless chain) supported by and extending between the or each sprockets, wherein the continuous conveyor mechanism comprises a plurality of linkage elements (flights 33) each comprising at least one carrying member (web 75) and at least one linkage member (arms 78,79) on opposing sides thereof for connecting the linkage elements, wherein each of the carrying members comprise a payload volume (Figures 13 and 14 show a volume (bounded by dashed lines) comprising an opening (the open portion when looking onto Figure 15)) comprising an opening into which bulk material is received from the inlet and through which bulk material is discharged into the outlet; wherein each linkage element is integrally formed [Col. 6:62, “formed integral”]; and wherein, in use, the linkage elements are configured to transport bulk material received at the inlet to the outlet, and the linkage members cooperate as structural load bearing members of the continuous conveyor mechanism such that a center of mass of the bulk material is coincident with a resultant line of force of the continuous conveyor mechanism. As described above, the arms (78,79) bear the load of the endless chain. Further, based on the position of the arms, the center of mass of the linkage element is coincident with a resultant line of force of the continuous conveyor mechanism.
Regarding Claim(s) 23, Hapman teaches a material transport elevator for transporting bulk material, the material elevator comprising: a transport means comprising at least one tail pivot point (48), at least one head pivot point (31), at least one inlet (hopper 53) and at least one outlet (outlet of chute 27), wherein the or each inlets or outlets are disposed between the or each pivot points (as seen in Figure 1); a continuous conveyor mechanism (endless chain) supported by and extending between the or each pivot points, wherein the continuous conveyor mechanism comprises a plurality of linkage elements (flights 33)each comprising at least one carrying member (web 75) and a pair of one or more linkage members (arms 78,79) on opposing sides thereof for connecting the linkage elements; wherein each linkage element is integrally formed [Col. 6:62, “formed integral”]; and wherein, in use, the linkage elements are configured to transport bulk material received at the or each inlet to the or each outlet, and the linkage members cooperate as structural load bearing members of the continuous conveyor mechanism such that a center of mass of the bulk material is coincident with a resultant line of force of the continuous conveyor mechanism. As described above, the arms (78,79) bear the load of the endless chain. Further, based on the position of the arms, the center of mass of the linkage element is coincident with a resultant line of force of the continuous conveyor mechanism.
Allowable Subject Matter
Claim 24 is allowed.
Claims 7, 15 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.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim(s) 24, the prior art fails to anticipate or fairly suggest the linkage elements are configured to transport bulk material received at the inlet to be discharged from an opening of the carrying member into a guide chute disposed between the teeth of the tail or head sprockets and subsequently into the outlet, combined with the rest of the claim language.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN 208080 discloses a conveyor mechanism comprising a plurality of linkage elements each comprising linkage members. USPN 11565226 discloses a conveyor mechanism comprising a plurality of linkage elements each comprising linkage members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R HARP/Primary Examiner, Art Unit 3653