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 .
Specification
The disclosure is objected to because of the following informalities:
Par. 154 describes: “The toggle link 2624 is connected to the left and right ends of the four-shaft link 2622 to rotate according to the operation of the four-shaft link 2622”. This is the same as described in claim 6. However, Fig. 26 shows that a single toggle link 2624 is only connected to one end of the four-shaft link 2622.
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.
This application includes one or more claim limitations that use the word “means,” and is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Such claim limitations are:
“fixing means” in claim 1. In light of Specification par. 150-151 (the fixing means 26 may include a fixed operating unit 262 and a fixed driving unit 261 for operating the fixed operating unit 262. The fixed operating unit 262 and the fixed driving unit 261 may be spaced apart from each other or may be in contact with each other. The fixed operating unit 262 may be coupled to the rotation means 24 and rotate according to the rotation of the rotation means 24, but the fixed driving unit 261 may be coupled to the intermediate body 21 and may not be affected by the rotation of the rotation means 24. When the fixed driving unit 261 operates the fixed operating unit 262, the fixed driving unit 261 contacts the fixed operating unit 262, and when the fixed driving unit 261 does not change the state of the fixed operating unit 262 and the cart C rotates by the rotation means 24, the fixed driving unit 261 and the fixed operating unit 262 may be separated from each other. The fixed operating unit 262 is selectively put in either the fixed state or the unlocked state. In the fixed state, as the fixed operating unit 262 is deformed by the fixed driving unit 261, the fixed operating unit 262 presses the cart C, which has entered the inner side of the intermediate body 21, and is clamped between the rotation means 24 and fixed. In the unlocked state, the fixed operating unit 262 is detached from the cart C, so that the cart C may move along the front and back directions and may be detached from the rotation means 24), the “fixing means” is interpreted to be a clamping mechanism wherein one actuator drives another component which clamps down on the cart.
“rotation means” in claim 1. In light of Specification par. 160-161 (The rotation means 24 may include the rotation driving unit 244. The rotation driving unit 244 rotates the rotation
frame 241 relative to the intermediate body 21 with the front and back directions as an axis… The rotation driving unit 244 may include a rotary drive electric motor 2442 that transmits driving force for rotation to the sprocket 2441. The rotary drive electric motor 2442 may be a device that receives power and produces driving force, such as a motor or an actuator), “rotation means” is interpreted to comprise a motor or actuator that rotates a frame.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 6 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.
Regarding claim 6, “the fixed operating unit” lacks antecedent basis. For the purposes of examination, “the fixed operating unit” is interpreted to be the same feature as “a fixed operating part” in claim 5. In addition, “the fixed driving unit” lacks antecedent basis. For the purposes of examination, “the fixed driving unit” is interpreted to be the same feature as “a fixed driving part” in claim 5.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Persoons (US 20070280044 A) in view Hayashi (JP 2001112852 A).
Regarding claim 1, Persoons teaches A cart (NOTE: the device of Persoons would be capable of treating a cart if the cart is the same size as the baskets it is intended to treat) treatment module (abstract: A process fluid distribution system (67) of an agitating retort (50) directs process fluid at the sides (164, 166) of stacks (58) of containers (96) containing foodstuffs or other products for processing), comprising:
a treatment body opened along front (Fig. 9A: door 72 marks the front direction, and the opposite end is the rear direction) and having a rear end for being coupled to a module for pre-treating a cart (Fig. 9A: inlet end 134 is connected to the rear end and connected to spray tube 72; par. 45: Process fluid enters the spray tube 70 at inlet end 134. The volume and pressure of the process fluid typically decrease along the length of tube 70 in the direction away from inlet 134. In this regard, for purposes of practicality, spray tube 70 is typically of a constant diameter along its length) and a front end for being coupled to a module for post-processing the cart (NOTE: the front end of Persoons would be capable of being coupled to a module for post processing the cart, as this module is not positively recited, the device of Persoons would read on this limitation because it is capable of this function);
a fixing means provided to fix the cart which enters an inner side of the treatment body (NOTE: under 35 U.S.C. 112(f) as set forth above, fixing means is interpreted to be a clamping mechanism wherein one actuator drives another component which clamps down on the cart; par. 35: During rotation of the drum 56, the basket 80 and containers 96 are held stationary relative to the drum by a clamping system 60. The clamping system may include a pressure plate 108, sized to fit within the basket 80, thereby to apply force against the top layer of containers 96. Such force may be applied by various means, for example, by pneumatic cylinders 110 or other types of actuators or systems); and
a rotation means provided to rotate the cart fixed by the fixing means relative to the treatment body with the front and back directions as an axis (NOTE: under 35 U.S.C. 112(f) as set forth above, fixing means is interpreted to comprise a motor or actuator that rotates a frame; par. 31: During rotation, the drum 56 is supported by rollers 62. Such rollers may be powered for rotation of the drum; Fig. 14-16) but does not teach
wherein the treatment body is opened along the rear direction.
Hayashi teaches a similar sterilization chamber with a rotating drum (abstract: To provide a spraying type sterillizer provided with a drying mechanism, which can shorten the drying period of time by realizing an efficient hot air drying… At the upper end sections and the lower end sections on one side of the trays 2 which are stack-housed in the rotating body 3). Hayashi teaches both an inlet and outlet sealed by doors (Fig. 2: doors 4, 5) so that the trays can be transferred after sterilization (pg. 5 par. 6: Next, the lid (5) on the outlet side of the sterilizer main body (1) is opened, and the trays (2) stacked and stored in the rotating body (3) are pulled out from the sterilizer main body (1), and are taken out of the conveyor (not shown). Transfer up). It is also generally well known in the art that articles may be conveyed along a series of processing stations wherein the sterilization chamber may be one of many sterilization chambers or other process steps. For instance, since Persoons treats baskets using water sprays, there may be a drying step further downstream. Therefore, it would be advantageous to have an outlet to transfer the treated baskets to the next step in the process.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Persoons to have an outlet with a door, as taught by Hayashi, in order to conveniently convey the treated baskets to the next step of an assembly line for processing and/or sterilizing the baskets and the items in them.
Regarding claim 2, Persoons modified by Hayashi teaches the cart treatment module of claim 1, as set forth above, and teaches wherein the rotation means includes:
a cylindrical rotation frame having a rotation space therein to allow the cart to enter (Fig. 2: rotary drum 56);
a rotation driving part arranged on the inner side of the treatment body and provided to rotate the rotation frame relative to the treatment body (Fig. 2: rollers 62; par. 31: During rotation, the drum 56 is supported by rollers 62. Such rollers may be powered for rotation of the drum).
Regarding claim 5, Persoons modified by Hayashi teaches the cart treatment module of claim 1, as set forth above, and teaches wherein the fixing means includes:
a fixed operating part coupled to the rotation means and put in either a fixed state in which the fixed operating part is clamped between the rotation means by pressing the cart which enters the inner side of the treatment body by deformation and fixed or an unlocked state in which the fixed operating part is detached from the cart (par. 3: The clamping system includes a pallet 30 at the base of the basket and a pressure plate 34 at the top basket to be forced downward onto the load by an actuator par. 35: The clamping system may include a pressure plate 108, sized to fit within the basket 80, thereby to apply force against the top layer of containers 96); and
a fixed driving part coupled to the treatment body and provided to transition the state of the fixed operating part by detachedly contacting the fixed operating part (par. 35: The clamping system may include a pressure plate 108, sized to fit within the basket 80, thereby to apply force against the top layer of containers 96. Such force may be applied by various means, for example, by pneumatic cylinders 110 or other types of actuators or systems.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Persoons modified by Hayashi in view of Yamaguchi (JP 2015157670 A).
Regarding claim 3, Persoons modified by Hayashi teaches the cart treatment module of claim 2, as set forth above, but does not teach wherein the rotation means further includes a pinwheel in which a plurality of pins are arranged to be spaced apart along a circumferential direction of a wheel and which is coupled to the rotation frame, and
wherein the rotation driving part includes a sprocket
engaging with the pinwheel to rotate the pinwheel as the rotation driving part rotates.
Persoons already teaches a similar general structure in which a roller drives the rotation of a rotary drum (Fig. 2: 62, 56) but does not teach a specific structure by which the roller can drive the movement of the rotary drum.
Yamaguchi teaches an apparatus with a rotating drum (abstract: a dust chute 2 communicating the intermediate drum 11 with an outside; a drive unit 20 driving any of the rotary drums 7 to rotate). Yamaguchi teaches a pinwheel in which a plurality of pins are arranged to be spaced apart along a circumferential direction of a wheel and which is coupled to the rotation frame (Fig. 2, 4: drive pin wheel 21, pins 25), and
wherein the rotation driving part includes a sprocket engaging with the pinwheel to rotate the pinwheel as the rotation driving part rotates (Fig. 4: drive gear 22; pg. 4 par. 3-4: The drive gear 22 is a sprocket having a plurality of teeth that mesh with the pins 25 of the drive pinwheel 21. That is, when the drive gear 22 is driven by the electric motor 23, the drive pinwheel 21 meshing with the drive gear 22 rotates, and the drum 8 rotates). This mechanism provides a means of implementing the function outlined by Persoons.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary drum of Persoons to have a wheel with circumferentially arranged, spaced apart pins, wherein a powered sprocket engages with the pins on the wheel to rotate the wheel and thus the rotary drum, as taught by Yamaguchi, as one way to implement an automated rotating drum mechanism.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Persoons modified by Hayashi in view of Dustin (NPL 2019).
Regarding claim 6, Persoons modified by Hayashi teaches the cart treatment module of claim 5, as set forth above, and teaches and a pressing plate moving toward the cart according to the operation of the toggle link to press the cart against the rotation means, or moving in a direction away from the cart (par. 35: The clamping system may include a pressure plate 108, sized to fit within the basket 80, thereby to apply force against the top layer of containers 96), but does not teach wherein the fixed operating unit includes a four-shaft link that is coupled to the rotation means,
a toggle link connected to left and right ends of the four-shaft link to rotate according to an operation of the four-shaft link,
and wherein the fixed driving unit includes a link operating member provided to press an upper end of the four-shaft link.
Persoons teaches wherein the actuator that drives the pressure plate can vary and can come from well known systems in the art (par. 35: The clamping system may include a pressure plate 108, sized to fit within the basket 80, thereby to apply force against the top layer of containers 96. Such force may be applied by various means, for example, by pneumatic cylinders 110 or other types of actuators or systems).
Dustin teaches one such common mechanism for pushing and pulling a flat platform:
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Wherein the four links comprise the four-shaft link and the link operating member is interpreted to connect to upper end of the four-shaft link, and wherein the toggle link comprises its own mechanism composed of connected parts.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuator/system for driving the pressure plate of Persoons modified by Hayashi to comprise a four-shaft link that is coupled to the rotation means,
a toggle link connected to left and right ends of the four-shaft link to rotate according to an operation of the four-shaft link,
and wherein the fixed driving unit includes a link operating member provided to press an upper end of the four-shaft link,
and a power source connected to these elements, wherein the four-shaft link is connected to the rotary drum (since the pressure plate is itself already in the rotary drum and has to move with it as seen in Fig. 12-13),
as taught by Dustin, as a known means of fulfilling the need outlined by Persoons for an actuating system to drive its pressure plate for the purpose of clamping a basket within its sterilization chamber.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi in view of Persoons.
Regarding claim 1, Yamaguchi teaches A cart (NOTE: the device of Yamaguchi would be capable of treating a cart if the cart fits into it) treatment module (abstract: a drive unit 20 driving any of the rotary drums 7 to rotate; NOTE: rotation is interpreted to be treatment), comprising:
a treatment body opened along front and rear directions (Fig. 1: portion connected to connecting pipe 15 opens up at charging chute 2a and is interpreted as the rear end; discharge port 14 is the open end) and having a rear end for being coupled to a module for pre-treating a cart and a front end for being coupled to a module for post-processing the cart (NOTE: the ends of Yamaguchi would be capable of being coupled to a module for post processing the cart, as these modules are not positively recited, the device of Yamaguchi would read on this limitation because it is capable of this function);
a rotation means provided to rotate the cart fixed by the fixing means relative to the treatment body with the front and back directions as an axis (NOTE: under 35 U.S.C. 112(f) as set forth above, fixing means is interpreted to comprise a motor or actuator that rotates a frame; Fig. 4: pin wheel 21 and sprocket 22, attached to drum 8), but does not teach
a fixing means provided to fix the cart which enters an inner side of the treatment body.
Persoons teaches a fixing means provided to fix the cart which enters an inner side of the treatment body (NOTE: under 35 U.S.C. 112(f) as set forth above, fixing means is interpreted to be a clamping mechanism wherein one actuator drives another component which clamps down on the cart; par. 35: During rotation of the drum 56, the basket 80 and containers 96 are held stationary relative to the drum by a clamping system 60. The clamping system may include a pressure plate 108, sized to fit within the basket 80, thereby to apply force against the top layer of containers 96. Such force may be applied by various means, for example, by pneumatic cylinders 110 or other types of actuators or systems).
Yamaguchi teaches compressing the garbage (pg. 2 last par.: The drum 8 is provided with a pushing mechanism by a spirally formed feed blade 9 (blade portion, screw blade, see FIG. 3), and the drum 8 is rotated in a predetermined compression direction by the pushing mechanism). Having a fixing means would be advantageous for the device of Yamaguchi because it can further compress the garbage to save space, without interfering with the screw.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yamaguchi to have a pressing plate driven by an actuator within its drum, as taught by Persoons, in order to further compress the garbage in the drum, enhancing the intended effect of Yamaguchi without interfering with the function of the screw.
Regarding claim 2, Yamaguchi modified by Persoons teaches the cart treatment module of claim 1, as set forth above, and teaches wherein the rotation means includes:
a cylindrical rotation frame having a rotation space therein to allow the cart to enter (Fig. 3-4: drum 8);
a rotation driving part arranged on the inner side of the treatment body and provided to rotate the rotation frame relative to the treatment body (Fig. 4: sprocket 22).
Regarding claim 3, Yamaguchi modified by Persoons teaches the cart treatment module of claim 2, as set forth above, and teaches wherein the rotation means further includes a pinwheel in which a plurality of pins are arranged to be spaced apart along a circumferential direction of a wheel and which is coupled to the rotation frame (Fig. 2, 4: drive pin wheel 21, pins 25), and
wherein the rotation driving part includes a sprocket engaging with the pinwheel to rotate the pinwheel as the rotation driving part rotates (Fig. 4: drive gear 22; pg. 4 par. 3-4: The drive gear 22 is a sprocket having a plurality of teeth that mesh with the pins 25 of the drive pinwheel 21. That is, when the drive gear 22 is driven by the electric motor 23, the drive pinwheel 21 meshing with the drive gear 22 rotates, and the drum 8 rotates).
Regarding claim 4, Yamaguchi modified by Persoons teaches the cart treatment module of claim 3, as set forth above, but does not teach wherein the plurality of pins are rotatably coupled to the wheel.
Chen teaches a rolling pin assembly that aims to reduce the friction between the pins and gears (Fig. 2; abstract: A sure-seal rolling pin assembly of a lapping and polishing machine for substantially eliminating friction between the sure-seal rolling pin assembly and a work carrier). Chen teaches wherein allowing the pins to rotate reduces the wear on the assembly (C8L32-37: The engagement of the pins 42 and the work carriers 30 forces the pins 42 to rotate at small angles, as shown in FIG. 3. This "meshing" process of the pins (i.e. the rotation of the pins 42 during the time of contact with the work carriers 30) and the work carriers 30 occurs without slipping and thus reduces the wear on the pin 42).
Since the pinwheel and socket assembly of Yamaguchi has the same structure, it would also benefit from having less wear and tear by having the pins rotate.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pins on pin wheel of Yamaguchi to be rotatably coupled to the pinwheel, as taught by Chen, in order to reduce the amount of wear and tear on the assembly and thus prolong the device’s lifespan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached on (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799
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