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 .
Response to Arguments
Applicant's arguments filed 05/11/2026 have been fully considered but they are not persuasive.
Regarding Claims 18-19, Applicant argues that Fye does not disclose “pins” as claimed, and that magnets cannot be read as a “pin”. In response, Examiner would like to make note that Fye was not used to make a direct comparison of the magnets as “pins”, but to show how the guides 28 (which Examiner would make comparison to as “pins”) can be adjustable to any preference by use of the magnet system. Examiner makes reference to Column 6, lines 33-36 to show how multiple guide assemblies 22 can be associated with each other, and therefore through use of the magnetic switching system, could have their respective guides (pins) adjusted in relation to one another through the separate control of the magnets on each assembly 22. The ability to separately control the guides can further allow for varying positions of engagements as guides are turned to different sides of the assembly.
Regarding Claim 17, Applicant argues that “guiding” the protrusion cannot be considered the same as “adjusting” the object. In response, Examiner would like to make note that in its broadest reasonable interpretation, “adjustable” can mean any mechanism, system or parameter capable of being modified, adapted, or shifted from one state to another. Therefore, “guiding” the protrusion can be interpreted as adjusting the protrusion to a different location.
Regarding Claim 20, Hu discloses the claimed invention except for the guide pin being one that projects further from said product carrier than said first and second deflection pins. It would have been an obvious matter of design choice to make protrusion 222 longer, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 23, Applicant argues that Hu does not disclose a servomotor. In response, Examiner would like to make reference to Column 2, lines 43-45 of Hu wherein it is disclosed that “The switches may be controlled by electromagnetic actuators or by pneumatic cylinders, which is advantageous in that a fast response time is achieved.”. A servomotor is described as a closed loop motion control system, and therefore a servomotor can fundamentally be an electromagnetic actuator as it converts electrical energy into mechanical movement.
Regarding Claim 25, Applicant argues that Figure 2 does not show deflector pins. However, Examiner made reference to Figure 2 to show the plurality of identical segments 220, each of which contain protrusions 224.
Regarding Claim 26, Applicant argues that Hu does not disclose a return section. In response, Examiner would like to make note of Column 6, lines 45-58 where it is disclosed that the conveyor can be divided into different conveying routes, therefore a divided track route opposite the distribution section is a possible modification as disclosed in Hu.
Regarding Claim 27, Examiner would like to make reference to Figure 3 of Hu wherein switches 240a, 240b are shown which can guide a plurality of segments 220 by their engaging members 222, 224.
Regarding Claim 28, Examiner would like to make reference to Column 6, lines 17-32 of Hu wherein it is disclosed “Hence, the control means 250 then sends a signal to the switch 240 a , or 240 b , not currently guiding a carrying segment 220 thus forcing the switch 240 a or 240 b to change its position such that the second protrusion 224 of the next coming carrying segment 220 is guided by the groove 242 of the switch. Upon this, the first protrusion 222 arranged at the center of the carrying segment 220 is allowed to be displaced within the enlarged central portion 234 of the groove 232 . In a next step, the control means 250 further sends a signal to the opposite switch, such that this switch also activates, or turns, in the same direction. This step is performed during the time the opposite switch is guiding a carrying segment 220 , such that the next carrying segment 220 , having a second protrusion at the same side as the switch to be activated, will be guided by the activated switch.”, wherein the switches 240a, 240b change their positions to press the deflection elements and change directions.
For the foregoing reasons, the claims stand rejected.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 17-28 are rejected under 35 U.S.C. 103 as being unpatentable over Hu (United States Patent US 9,056,729 B2) in view of Fye (United States Patent US 7,690,496 B1).
Regarding Claim 18, Hu discloses An apparatus comprising a distribution conveyor for distributing packs of containers, (Figure 2: Conveyor 20)said distribution conveyor comprising a distribution section that includes distribution tracks,(Figure 3: Branches 236a, 236b) peripherally-driven product carriers that move along the distribution tracks in a conveying direction, (Figure 4:Carrying segment 220)and first and second deflectors for deflecting said product carriers onto selected ones of said distribution tracks, said first and second deflectors being adjacent to each other, (Figure 3: Switches 240a, 240b)wherein each of said product carriers comprises a guide pin to guide said product carrier along one of said distribution tracks and deflection pins, one of which engages one of said deflectors, wherein said deflection pins comprise at least a first deflection pin and a second deflection pin(Figure 4: First protrusion 222 and second protrusion 224).
However, Hu does not disclose wherein said deflection pins are configured to be adjusted in relation to each other such that when said first deflection pin engages said first deflector, said second deflection pin fails to engage said second deflector.
Fye discloses a similar apparatus wherein said deflection pins are configured to be adjusted in relation to each other such that when said first deflection pin engages said first deflector, said second deflection pin fails to engage said second deflector. (Figure 6: Shows how magnets 34 control guide 28, wherein Column 6, lines 33-36: "It is also possible to include additional switches and branches associated with more than the two guide tracks shown. More than one guide assembly 22 could also be associated with each diverter 20 for encountering associated switches spaced apart in the transverse direction T, the conveying direction C, or both.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu to include the adjustable deflection pins as taught by Fye. The motivation for the modification would have been to allow for a diverter that can operate at high speeds that can selectively divert place articles as desired (Column 1, Lines 13-44).
Regarding Claim 17, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein at least one of said deflection pins is adjustable.(Columns 4-5, lines 53-9: "The second protrusion 224 is arranged on the second surface of the carrying segment 220 on one side of the first protrusion 222 and configured to be guided by a switch 240 a , 240 b of the slat conveyor 20 . On the opposite side of the first protrusion 222 , in a position corresponding to the position of the second protrusion 224 on the one side of the first protrusion 222 , the carrying segment 220 lacks a second protrusion 224 , i.e. a void is provided. Thus, the carrying segment 220 can be asymmetric around a vertical plane through the centre of the first protrusion 222 in the direction of the intended movement of the carrying segment 220 . However, the distance between the first and the second protrusion may remain constant in different carrying segments 220 , such that a 180 degrees rotation around a vertical axis, will position the second protrusion 224 on the same distance from the first protrusion 222 but on the opposite side. In this way the second protrusion 224 may cooperate with the switches 240 a , 240 b , by rotating the carrying segment 220 180 degrees around a vertical axis. Thus only one switch 240 a , 240 b will communicate with the second protrusion 224 during each passage of the carrying segment 220 through the zone of the switches 240 a , 240 b , or at least one of the switches 240 a , 240 b will not communicate with the second protrusion 224 during such passage.")
Regarding Claim 19, Hu in view of Fye discloses wherein said first and second deflection pins has an engagement position in which said deflection pin engages one of said deflectors, and wherein, when said first deflection pin is in said engagement position, said first deflection pin protrudes further from said product carrier than said second deflection pin. (Figure 6: Shows how magnets 34 control guide 28, wherein Column 6, lines 33-36: "It is also possible to include additional switches and branches associated with more than the two guide tracks shown. More than one guide assembly 22 could also be associated with each diverter 20 for encountering associated switches spaced apart in the transverse direction T, the conveying direction C, or both.")
Regarding Claim 20, Hu in view of Fye in view of Fye the apparatus of claim 18, as seen above. Hu discloses the claimed invention except for the guide pin being one that projects further from said product carrier than said first and second deflection pins. It would have been an obvious matter of design choice to make protrusion 222 of Hu longer, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 21, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said distribution section comprises at least three of said distribution tracks.(Column 6, lines 45-58: "In a yet further embodiment, the slat conveyor 20 may be configured to divide a single conveying route into three, four, or even more different conveying routes. In such embodiment, a multiple of switches are implemented, each maneuverable into multiple positions for guiding the carrying segments into the desired conveying route. In another embodiment, the slat conveyor 20 may comprise a larger number of switches, while still dividing a single conveying route into two different conveying routes. In such embodiment, the switches have a second engaging member arranged at different distances from the first engaging member. Hence, the operational speed of the switches may be further decreased for further improving the conveying capacity of the slat conveyor.")
Regarding Claim 22, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said deflectors are adjustable.(Column 5, lines 27-34: "Each one of the switches 240 a , 240 b is maneuverable such that upon activation, the angle of the grooves 242 may be changed within the plane defined by the upper surface 202 of the frame 201 . Further, the slat conveyor 20 comprises a control system 250 for controlling the switches 240 a , 240 b , and including a sensor 252 for detecting the presence and/or absence of objects being transported towards the central portion 234 of the groove 232 of the guiding path 230 .")
Regarding Claim 23, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said deflectors are rotatable by a servomotor.(Columns 5-6, lines 60-32: "When an object is entering the slat conveyor 20 , the sensor 252 detects the presence of the particular object. The sensor 252 transmits a signal to the control means 250 , which then determines if the particular object should be directed to the left conveying route or the right conveying route. Such decision may be made according to different requirements; e.g., every second object should be directed to the right, and every second object should be directed to the left. In another situation a specific number of objects should be guided in one direction, and following this a following number of objects should be guided in the other direction. When a decision is made that the present object should be directed along a specific route, the control means 250 checks which one of the switches 240 a , 240 b that is currently guiding a carrying segment 220 . That is, since only every second carrying segment 220 has a second protrusion 224 that may be guided by a particular switch, while every other second carrying segment 220 has a second protrusion 224 that is guided by the opposite switch, the control means is configured to activate, or turn, a switch not currently guiding a carrying segment 220 . For this purpose, the control means 250 may be connected to an inductive sensor, sensing a magnetic field due to the presence of a second protrusion 224 . In another embodiment, the control means 250 may be connected to an optical sensor detecting the presence of the second protrusion 224 . Hence, the control means 250 then sends a signal to the switch 240 a , or 240 b , not currently guiding a carrying segment 220 thus forcing the switch 240 a or 240 b to change its position such that the second protrusion 224 of the next coming carrying segment 220 is guided by the groove 242 of the switch. Upon this, the first protrusion 222 arranged at the center of the carrying segment 220 is allowed to be displaced within the enlarged central portion 234 of the groove 232 . In a next step, the control means 250 further sends a signal to the opposite switch, such that this switch also activates, or turns, in the same direction. This step is performed during the time the opposite switch is guiding a carrying segment 220 , such that the next carrying segment 220 , having a second protrusion at the same side as the switch to be activated, will be guided by the activated switch.")
Regarding Claim 24, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said product carriers are assembled to form transport groups and wherein each transport group travels long a single one of said distribution tracks.(Figure 2: Carrying segments 220)
Regarding Claim 25, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said product carriers comprise first and second product carriers that belong to a transport group and wherein deflection pins in said first product carrier and deflection pins in said second product carrier are configured identically.(Figure 2: Carrying segments 220. wherein segments are identical)
Regarding Claim 26, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said distribution conveyor comprises a return section of said distributing conveyor that is on a side that is opposite said distribution section and wherein said return section comprises return tracks for collecting pairs of product carriers that have traversed said distribution tracks.(Column 6, lines 45-58: "In a yet further embodiment, the slat conveyor 20 may be configured to divide a single conveying route into three, four, or even more different conveying routes. In such embodiment, a multiple of switches are implemented, each maneuverable into multiple positions for guiding the carrying segments into the desired conveying route. In another embodiment, the slat conveyor 20 may comprise a larger number of switches, while still dividing a single conveying route into two different conveying routes. In such embodiment, the switches have a second engaging member arranged at different distances from the first engaging member. Hence, the operational speed of the switches may be further decreased for further improving the conveying capacity of the slat conveyor.", wherein a return conveyor is an obvious potential modification)
Regarding Claim 27, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said distribution conveyor further comprises a grouping device on a return section of said distribution conveyor and wherein said grouping device adjusts said deflection pins of said product carriers.(Column 6, lines 45-58: "In a yet further embodiment, the slat conveyor 20 may be configured to divide a single conveying route into three, four, or even more different conveying routes. In such embodiment, a multiple of switches are implemented, each maneuverable into multiple positions for guiding the carrying segments into the desired conveying route. In another embodiment, the slat conveyor 20 may comprise a larger number of switches, while still dividing a single conveying route into two different conveying routes. In such embodiment, the switches have a second engaging member arranged at different distances from the first engaging member. Hence, the operational speed of the switches may be further decreased for further improving the conveying capacity of the slat conveyor.", wherein a return conveyor is an obvious potential modification)
Regarding Claim 28, Hu in view of Fye the apparatus of claim 18, as seen above. Hu further discloses wherein said distribution conveyor further comprises a return section and a grouping device on said return section,(Column 6, lines 45-58: "In a yet further embodiment, the slat conveyor 20 may be configured to divide a single conveying route into three, four, or even more different conveying routes. In such embodiment, a multiple of switches are implemented, each maneuverable into multiple positions for guiding the carrying segments into the desired conveying route. In another embodiment, the slat conveyor 20 may comprise a larger number of switches, while still dividing a single conveying route into two different conveying routes. In such embodiment, the switches have a second engaging member arranged at different distances from the first engaging member. Hence, the operational speed of the switches may be further decreased for further improving the conveying capacity of the slat conveyor.", wherein a return conveyor is an obvious potential modification)wherein said grouping device is configured to vertically actuate a plunger that presses on of said deflection elements.(Figure 2: Shows groupings of segments 220)
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 ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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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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/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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