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 .
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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“first conveying device” in claim 1. The term is being interpreted as a conveying device with an upstream roller conveyor and a downstream roller conveyor (see ¶ [0053] of Applicant’s specification)
“moving device” in claims 2-4. The “moving device” is shown to be part of the “second conveying device” which in claim 1 is a conveying beam or bar.
“orientation adjusting device” in claim 5. The term is being interpreted as a pusher that pushes the saggar into the desired orientation (see ¶ [0057] of Applicant’s specification)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 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 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 § 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.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 7090784 B1, hereinafter referred to as Ref. 1, in view of LaBolt (US 6364093 B1).
Regarding claim 1, Ref. 1 teaches of:
A heat treatment system (Fig. 2) comprising:
a heat treatment furnace (10) including an entrance (90a leads to the entrance of 10), an exit (90b extends from the exit of 10), and an internal space in which a plurality of saggars is conveyed from the entrance to the exit (saggars 2 travel within the internal space of 10 from the entrance to the exit; ¶ [0038], “For example, as shown in Figures 2 and 3, the heat treatment system 100 may include a heat treatment furnace 10 that heat-treats the sagger 2 while it is being transported by a transport device”); and
a return line located outside the heat treatment furnace (90a-90d and 60, 70 and 80 form the return line) and configured to convey the plurality of saggars from the exit to the entrance (saggars 2 travel from 90b at the exit of the furnace 10 to 90a at the entrance to furnace 10);
wherein
the return line comprises:
a first conveying device (90c+90d) located in a first section (90c+90d form a first section) and configured to convey the plurality of saggars (90c+90d convey the saggars along the return line)
Ref. 1 fails to explicitly teach:
a second conveying device located in a second section different from the first section and configured to convey the plurality of saggars by a beam or a bar.
LaBolt teaches of:
a second conveying device (Fig. 1, 10) located in a second section different from the first section (see combination made below) and configured to convey the plurality of saggars by a beam or a bar (Figs. 1-3, 42 is a walking beam that moves objects 12; Col. 1, lines 11-21, “For example, walking beam conveyors are used to support and move heavy articles along a transport path by lifting the article from an initial or first position at a first actuating station, transporting it to a second position, lowering the article so that it is supported in a stationary position at a second actuating station and returning to the first position to lift another article at the first actuating station while also lifting the article at the second actuating station and move both of those articles along the transport path”).
The primary reference can be modified to meet this/these limitation(s) as follows:
80 of Ref. 1 is a second section that divides the first section formed by 90c+90d, position a walking beam within the second section formed by 80 that is capable of rising in an upward direction perpendicular to a conveying direction, lifting a saggar 2 off of 90c on an upstream end of the beam, moving in a conveying direction with the saggar 2 until the upstream end of the beam with the saggar is positioned above a stand within 80, lowering the saggar 2 in a downward direction opposite the upward direction until the saggar 2 is resting on a stand within 80 and moving in a backward direction opposite the conveying direction so that the beam returns to its original starting position and repeating the motion so that the saggar positioned within 80 is now lifted up from 80 on the downstream end of the beam while it simultaneously lifts a new saggar off of 90c on its upstream end and through its reciprocal motion transfers the original saggar from 80 to 90d and the new saggar to 80 from 90c
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
The walking beam would allow for 80 to be simultaneously loaded and unloaded with a saggar, improving speed and efficiency of the conveyance system of Ref. 1
Regarding claim 2, the combined teachings teach of the heat treatment system according to claim 1, and the combined teachings further teach:
further comprising a processing device located in the second section (Ref. 1 as modified, Fig. 2, 80) and configured to process saggars (Ref. 1 as modified, ¶ [0048], “Furthermore, the cleaning device 80 only needs to be configured to clean the inner surface of the sagger 2, and its specific structure is not particularly limited. For example, the cleaning device 80 uses a rotating brush to remove substances adhering to the inner surface of the saggar 2 while simultaneously sucking up air and other substances from inside the saggar 2”) being conveyed by the second conveying device (see combination made in the rejection of claim 1 above, second conveying device conveys saggars to 80),
wherein the second conveying device comprises a moving device (LaBolt, Fig. 1, 10 comprises moving device made from 42 and the plurality of linkages to move 42 in its reciprocating motion) configured to:
allow the plurality of saggars aligned in a conveying direction to be placed thereon (LaBolt, Fig. 1, there are a plurality of object 12 positioned on 42, within Ref. 1 as modified the plurality of objects are saggars 2), and
be movable in the conveying direction (LaBolt, see transition between Figs. 1 and 2 showing the beam 42 moving in a conveying direction), in a backward direction opposite to the conveying direction (after the beam advances the object 12 to the next position and is lowered, it moves in a backward direction which can be seen as the transition from Figs. 2 to 1), in an up direction perpendicular to the conveying direction (Fig. 3 of LaBolt shows the beam in a raised position, the movement in the upward direction can be seen as the transition from Figs. 4 to 3), and in a down direction opposite to the up direction (Fig. 4 of LaBolt shows the beam in a lowered position, the movement in the down direction can be seen as the transition from Figs. 3 to 4; Col. 5, lines 37-54, “The walking beam conveyor 10 provides for movement of the articles 12 between the actuating stations 26a-26d by picking up an article 12 located at one or all of the actuating stations 26a, 26b or 26c, by moving the walking beam conveyor from a retracted or lowered position 28, shown in FIG. 4, to an article supporting or raised position 30 shown in FIG. 3. The walking beam conveyor 10 with the article 12 supported thereon is then moved along the transport path 14 to the next successive actuating station 26b, 26c, 26d respectively. This movement is achieved by moving the walking beam conveyor 10 from a loading or forward position 32, as seen in FIG. 1, to an extended or unloading position 34, as seen in FIG. 2. The walking beam conveyor 10 is then moved from a article supporting or raised position 30, shown in FIG. 3, to the retracted or lowered position 28, shown in FIG. 4, so the article is then supported at the next successive actuating station”).
Regarding claim 3, the combined teachings teach of the heat treatment system according to claim 2, and the combined teachings further teach:
further comprising a stand on which a saggar to be processed by the processing device is placed (Ref. 1 as modified, 80 is a cleaning device that cleans the saggar by receiving it from 90c, applying a brush and suction to remove the material within it and returning it to 90d, in order for 80 to clean the saggar and to receive it from 90c, it must have some form of stand to support the saggar during the cleaning process; ¶ [0054], “the third transport unit 90c transports the sagger 2 to the cleaning device 80. Next, the cleaning device 80 cleans the inner surface of the sagger 2. After that, the sagger 2 returns to the fourth transport section 90d”),
wherein the moving device is configured to move the saggar onto the stand when moving in the conveying direction, the up direction, and the down direction (see combination made in the rejection of claim 1 above, in Ref. 1 as modified the walking beam moves in a conveying direction, an up direction and a down direction to move the saggar from conveyor 90c onto the stand of 80).
Regarding claim 4, the combined teachings teach of the heat treatment system according to claim 3, and the combined teachings further teach:
wherein
the first conveying device comprises:
an upstream conveyor (Ref. 1 as modified, Fig. 2, 90c) located upstream of the second conveying device on the return line (90c is upstream from 70); and
a downstream conveyor (Ref. 1 as modified, Fig. 2, 90c) located downstream of the second conveying device on the return line (90c is located downstream from 70), and
the moving device is configured to move a saggar conveyed on the upstream conveyor onto the stand and move the saggar on the stand to the downstream conveyor when moving in the conveying direction, the up direction, and the down direction (see combination made in the rejection of claim 1 above, Ref. 1 as modified has a walking beam that conveys the saggar from 90c to 70 and from 70 to 90c while moving in the claimed directions).
Regarding claim 6, the combined teachings teach of the heat treatment system according to claim 2, and the combined teachings further teach:
wherein the processing device is selected from a group consisting of:
a cleaning device configured to clean the saggars (Ref. 1 as modified, ¶ [0048], “Furthermore, the cleaning device 80 only needs to be configured to clean the inner surface of the sagger 2, and its specific structure is not particularly limited. For example, the cleaning device 80 uses a rotating brush to remove substances adhering to the inner surface of the saggar 2 while simultaneously sucking up air and other substances from inside the saggar 2”), a filling device configured to fill the saggars with a material, and a surface smoothing device configured to smooth a surface of a material in the saggars.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 7090784 B1, hereinafter referred to as Ref. 1, in view of LaBolt (US 6364093 B1) and in further view of JP 7343243 B1, hereinafter referred to as Ref. 2.
Regarding claim 5, the combined teachings teach of the heat treatment system according to claim 4, however, the combined teachings fail to explicitly teach:
further comprising an orientation adjusting device configured to adjust orientations of the saggars on the upstream conveyor.
Ref. 2 teaches of:
further comprising an orientation adjusting device (Fig. 1, 92c and side rails 81 form the orientation adjusting device) configured to adjust orientations of the saggars on the upstream conveyor (801 is a conveyor that conveys saggars in the system, 92c pushes saggars down path L2 against wall 81 so that they are aligned and oriented correctly on conveyor 801).
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify the conveyors of the return path of Ref. 1 as modified so that they have side rails 81 from Ref. 2 and further provide 92c of Ref. 2 at the outlet of furnace 10 so that it pushes the saggars on the section of conveyor at the exit of the furnace that is perpendicular to 90b of Ref. 1 against the side rails and orients the saggars on the conveyors, thus orienting the saggar for the conveyor section 90c
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would ensure that the saggars are oriented squarely on the return path track, preventing jamming and ensuring efficient conveyance
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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