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 Rejections - 35 USC § 112
2. 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 13 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.
Claim 13 recites the limitation "the tilted track" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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, 2, 5, 6, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hartlepp et al. USP 6,259,967.
See the attached (2) annotated sheets from the Hartlepp et al. patent depicting the rejected claim features.
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.
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.
Claim(s) 3, 7, 11, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartlepp et al. USP 6,259,967.
Hartlepp et al. teach the claimed features as outlined in the above 102 rejection. Hartlepp et al. fail to teach the following features:
Claim 3, Hartlepp et al. teach a chute instead of a rubber coated roller.
Claims 7, 14, 15, Hartlepp et al. is silent on the coefficient of frictions on his first and second sectors while the applicant claims a lower COF on the first sector a higher COF on the second sector.
Claim 11, Hartlepp et al. utilizes all conveyor belts and chutes, while the applicant claims some of his conveyors as roller conveyors.
In each of the above instances, it would have been an obvious matter of design choice as to such known features being utilized instead of other known features and the mere claiming of such features does not provide a patentable departure over the device of Hartlepp et al since the Hartlepp et al device performs functionally the same as the applicants.
Claim(s) 8 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartlepp et al. USP 6,259,967 in view of Bennett et al. USP 7,816,617.
Hartlepp et al. teach the claimed features as outlined on the previously mentioned annotated sheets. Hartlepp et al. fail to teach the reversal of motion of one of the first and second sectors. Hartlepp et al. teach his first and second sectors moving in forward trajectory. Bennet et al. teach a sorting system with at least one of his sectors (conveyors) configured to move forward at times and in reverse at other times. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a conveyor to move both in a forward and in a reverse direction based at least partly on the determined position data of the subset of products within the conveying/sorting system and to properly space and position the articles to achieve the sorting goals.
Allowable Subject Matter
Claims 4, 10, 12, and 16 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.
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS A HESS whose telephone number is (571)272-6915. The examiner can normally be reached M-TH 8-6.
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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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/DOUGLAS A HESS/Primary Examiner, Art Unit 3651
DAH
January 30, 2026