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 with respect to claim(s) 1-4, 6-15 and 17-26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner uses the newly cited United States Patent Application US 2020/0017319 A1 (He, Weiquan) to teach the pivot pin in the center of the slat.
Applicant’s arguments, see Page 12, filed 03/16/2026, with respect to claims 5 and 16 have been fully considered and are persuasive. The rejection of claims 5 and 16 has been withdrawn.
EXAMINER’S AMENDMENT
An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
The application has been amended as follows:
In Claim 26, line 1; after the phrase “The system of claim”, delete “1” and add –13--. Claim 26 should now depend from Claim 13.
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 1-4, 6, 10-15, 17 and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Kirpestein (European Patent Application EP0593126A1) in view of He (United States Patent Application US 2020/0017319 A1).
Claims 7-9 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kirpestein (European Patent Application EP0593126A1) in view of He (United States Patent Application US 2020/0017319 A1) in further view of Coccetti (European Patent Application EP3915823A1).
Regarding Claim 1, Kirpestein discloses A method of handling packages, the method comprising: moving a plurality of slats in a downstream direction so that a portion of each slat of the plurality of slats passes over an electromagnet, (Figure 1: Carriers 4 passing electromagnets 9, wherein Figure 9 shows an example of a configuration where part of the carrier (iron part 5) passes over the electromagnet 9)wherein each slat of the plurality of slats is pivotable between a horizontal position and a tilted position, and wherein the electromagnet is energized to at least partially hold the slats in the horizontal position as the portions of the respective slats move over the electromagnet; positioning a package on one or more slats of the plurality of slats so that the package is moved in the downstream direction on the one or more slats; moving the package off the one or more slats comprising deenergizing the electromagnet while moving the one or more slats past the electromagnet so that the one or more slats supporting the package pivot from the horizontal position to the tilted position so that the package moves off the one or more slats while the one or more slats continue to move in the downstream direction.(Column 4, lines 34-56: " At the discharge station 7, the carrier support by the round rope 6 has an interruption 8 and the support is taken over by a series of electromagnets 9. As long as they are energized, the attraction of the soft iron parts 5 is sufficient to prevent the carriers 4 from tilting. Hence, a product A which is not to be discharged on the station 7 is conveyed further, also in the case where one of the strip-shaped carriers 4, collectively carrying the product A, tilts. However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.").
However, Kirpesterin does not disclose wherein each of the slats comprises a first end and an opposing second end and each of the slats is pivotable between the horizontal position and the tilted position on a pivot pin, the pivot pin being located between the first end and the second end.
He discloses a similar sorting device wherein each of the slats comprises a first end and an opposing second end and each of the slats is pivotable between the horizontal position and the tilted position on a pivot pin, the pivot pin being located between the first end and the second end. (Figures 2a-2d: Shows tray pivoting about center pin/shaft in support 213 between a horizontal and tilted position)
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 Kirpestein to include the pivot pin location as taught by He. The motivation for the modification would have been to allow for a tilting or resetting of a tray by magnetic force to maintain balance of the tray, making resetting the tray easier and more stable (Paragraph 0016).
Regarding Claim 2, Kirpestein in view of He discloses the method of claim 1, as seen above. He further discloses wherein the positioning the package comprises positioning a center of gravity of the package between the pivot pin and the second end of the one or more slats.(Paragraph 0033: "In some alternative implementations of this embodiment, the material loading surface of the tray 22 is a curved surface, and the curved surface is symmetrical along a cross section perpendicular to the center line of the guide rail 1 with respect to the center line in this implementation, the center line of the guide rail 1 may be coincided with the center line of the material vehicle as a whole, the curved surface along the cross section perpendicular to the center line is a curve, and the curve is symmetrical with respect to the center line. In this way, it is ensured that the lowest point of each cross section is located on the center line. Thus, when the material is placed on the tray 22, it may be avoided that the material is easily slipped and fell due to the problem of the tray itself.")
Regarding Claim 3, Kirpestein in view of He discloses the method of claim 2, as seen above. Kirpestein further discloses wherein at least a portion of a weight of the package presses down on the one or more slats between the pivot pin and the second end of the one or more slats to cause the second end of the one or more slats to move downwardly during and after the moving the one or more slats past the deenergized electromagnet.(Column 4, lines 44-56: "However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.")
Regarding Claim 4, Kirpestein in view of He discloses the method of claim 2, as seen above. Kirpestein further discloses wherein each of the slats comprises a first segment extending from the first end to the pivot pin and a second segment extending from the second end to the pivot pin, the first segment being coplanar with the second segment, and a ferromagnetic bar is mounted to the first segment of each of the slats,(Figure 9: Upright part 4a and iron part 5 extend from the hinges 2, 3 and the product carrying part extends from the other side of the hinges 2, 3)the moving the plurality of slats in the downstream direction comprises moving the ferromagnetic bar of each of the slats over the electromagnet, wherein a magnetic attraction between the electromagnet and the ferromagnetic bars when the electromagnet is energized holds the respective slats in the horizontal position as the slats move past the electromagnet, and wherein the ferromagnetic bars and the first ends of the one or more slats are free to move upwardly relative to the electromagnet as the one or more slats move past the electromagnet when the electromagnet is deenergized.(Column 4, lines 34-56: " At the discharge station 7, the carrier support by the round rope 6 has an interruption 8 and the support is taken over by a series of electromagnets 9. As long as they are energized, the attraction of the soft iron parts 5 is sufficient to prevent the carriers 4 from tilting. Hence, a product A which is not to be discharged on the station 7 is conveyed further, also in the case where one of the strip-shaped carriers 4, collectively carrying the product A, tilts. However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.")
Regarding Claim 6, Kirpestein in view of He discloses the method of claim 1, as seen above. Kirpestein further discloses wherein a reject ramp extends along the downstream direction adjacent the second ends of the slats, and the package moves onto the reject ramp when the package moves off the one or more slats in the tilted position. (Figure 1: Discharge Station 7, wherein the station comprising a ramp would be an obvious modification known in the art)
Regarding Claim 10, Kirpestein in view of He discloses the method of claim 1, as seen above. Kirpestein further discloses wherein the package is a first package and the one or more slats comprises a first grouping of slats, and wherein the method further comprises placing a second package on a second grouping of slats of the plurality of slats, the electromagnet remaining energized while the second grouping of slats move past the electromagnet so that the second grouping of slats remain in the horizontal position while moving in the downstream direction. (Column 1, lines 1-23: "The invention relates to a sorting conveyor of the type provided with at least one endless row of product carriers, designed as relatively narrow strips, movable along evaluating means and along a plurality of discharge stations disposed in a sorting path, wherein the carriers, responsive to signals received from the evaluating means, are tiltable from a horizontal conveying position to an inclined discharge position, which carriers are attached by one end to bearing members of an endless conveyor via tilting hinges, while at one end of the carriers a support is present preventing the carriers from tilting downwards, with the support being interrupted at the location of each discharge station and a series of electromagnets, controllable by signals from the evaluating means, being arranged in the path of each interruption, whereby it can be determined, by influencing soft iron parts provided in each of the carriers, whether or not carriers discharge their load into a specific discharge station by tilting or not, as is known from Patent Abstracts of Japan JP-A-59-217524 (Iseki Noki)), wherein the conveyor is inherently meant to convey a plurality of products being discharged at specific stations)
Regarding Claim 11, Kirpestein in view of He discloses the method of claim 1, as seen above. Kirpestein further discloses wherein the package includes a nonconforming carton.(Column 2, lines 31-43: "It is further noted that the design of the carriers as relatively narrow strips extending transversely to the direction of conveyance already has the advantage that a product such as a potato, citrus fruit or the like, rests on several carriers simultaneously, so that if a single carrier should swing downwards at a station where the product in question should not be discharged, the product does not "fall". On the other hand, when the series of electromagnets at a station is made long enough, products that are not likely to "fall", such as elongated potatoes with clods of clay adhering thereto, will certainly be discharged.", wherein the product could easily be a nonconforming carton)
Regarding Claim 12, Kirpestein in view of He discloses the method of claim 1, as seen above. Kirpestein further discloses wherein the slats of the plurality of slats are pivotably mounted on respective mount assemblies, and each mount assembly is engaged with one or more chains, and wherein the moving the plurality of slats in the downstream direction comprises moving the one or more chains in the downstream direction so that the one or more chains move the mount assemblies and the slats in the downstream direction.(Column 4, lines 25-33: " In the drawings, particularly Figs 1 and 2, strip-shaped carriers 4 for, for instance, potatoes A, are attached to a conveyor chain 1 via bearing members 2 and synthetic tilting hinges 3. The carriers 4, extending transversely to the direction of conveyance, each have a soft iron part 5 at their free end, by which they rest on a support 6, for instance in the shape of a round rope 6, moving along with the conveyor chain 1." and Column 5, lines 33-46: "The embodiment according to Figs 8 and 9 differs from the embodiment described hereinabove in that the carriers are designed with a product-carrying part 4, an upright part 4a disposed at the side of the hinge 2 and a soft iron part 5 provided at the top end thereof. In this case, the maintenance of a constant gap width between the soft iron parts 5 and the magnets is effected by the chain 12 which itself functions as a spacer. Therefore, in this embodiment, no separate belt 10 is used. Further, in this embodiment, an assembly of a plurality of electromagnets 9 and a single long permanent magnet 9p is indicated for bridging the interruption 8 in the carrier support 6.")
Regarding Claim 13, Kirpestein discloses A system for handling packages, the system comprising: a plurality of slats mounted along a conveyor and moving in a downstream direction of the conveyor, each slat of the plurality of slats being pivotable between a horizontal position and a tilted position;(Figure 1: Carriers 4 passing electromagnets 9, wherein Figure 9 shows an example of a configuration where part of the carrier (iron part 5) passes over the electromagnet 9)and an electromagnet mounted along a portion of the conveyor so that a portion of each slat passes over the electromagnet as the slats move in a downstream direction, wherein the electromagnet is operable to be energized to at least partially hold the slats in the horizontal position as the portions of the respective slats move over the electromagnet and to be deenergized to allow pivoting of the slats as the portions of the respective slats move over the deenergized electromagnet; wherein one or more slats of the plurality of slats supports a package as the slats are moved along the conveyor, and wherein the package moves off the one or more slats when the one or more slats are moved into the tilted position.(Column 4, lines 34-56: " At the discharge station 7, the carrier support by the round rope 6 has an interruption 8 and the support is taken over by a series of electromagnets 9. As long as they are energized, the attraction of the soft iron parts 5 is sufficient to prevent the carriers 4 from tilting. Hence, a product A which is not to be discharged on the station 7 is conveyed further, also in the case where one of the strip-shaped carriers 4, collectively carrying the product A, tilts. However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.")
However, Kirpesterin does not disclose wherein each of the slats comprises a first end and an opposing second end and each of the slats is pivotable between the horizontal position and the tilted position on a pivot pin, the pivot pin being located between the first end and the second end.
He discloses a similar sorting device wherein each of the slats comprises a first end and an opposing second end and each of the slats is pivotable between the horizontal position and the tilted position on a pivot pin, the pivot pin being located between the first end and the second end. (Figures 2a-2d: Shows tray pivoting about center pin/shaft in support 213 between a horizontal and tilted position)
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 Kirpestein to include the pivot pin location as taught by He. The motivation for the modification would have been to allow for a tilting or resetting of a tray by magnetic force to maintain balance of the tray, making resetting the tray easier and more stable (Paragraph 0016).
Regarding Claim 14, Kirpestein in view of He discloses the system of claim 13, as seen above. He further discloses wherein the one or more slats support the package so that a center of gravity of the package is located between the pivot pin and the second end of the one or more slats.(Paragraph 0033: "In some alternative implementations of this embodiment, the material loading surface of the tray 22 is a curved surface, and the curved surface is symmetrical along a cross section perpendicular to the center line of the guide rail 1 with respect to the center line in this implementation, the center line of the guide rail 1 may be coincided with the center line of the material vehicle as a whole, the curved surface along the cross section perpendicular to the center line is a curve, and the curve is symmetrical with respect to the center line. In this way, it is ensured that the lowest point of each cross section is located on the center line. Thus, when the material is placed on the tray 22, it may be avoided that the material is easily slipped and fell due to the problem of the tray itself.")
Regarding Claim 15, Kirpestein in view of He discloses the system of claim 14, as seen above. Kirpestein further discloses wherein each of the slats comprises a first segment extending from the first end to the pivot pin and a second segment extending from the second end to the pivot pin, the first segment being coplanar with the second segment, a ferromagnetic bar is mounted to the first segment of each of the slats,(Figure 9: Upright part 4a and iron part 5 extend from the hinges 2, 3 and the product carrying part extends from the other side of the hinges 2, 3)and the ferromagnetic bars of the respective slats are aligned with the electromagnet so that the ferromagnetic bars move over the electromagnet when the respective slats move past the electromagnet, wherein a magnetic attraction between the electromagnet and the ferromagnetic bars when the electromagnet is energized holds the respective slats in the horizontal position as the respective slats move past the electromagnet, and wherein the ferromagnetic bars and the first ends of the one or more slats are free to move upwardly relative to the electromagnet as the one or more slats move past the electromagnet when the electromagnet is deenergized.(Column 4, lines 34-56: " At the discharge station 7, the carrier support by the round rope 6 has an interruption 8 and the support is taken over by a series of electromagnets 9. As long as they are energized, the attraction of the soft iron parts 5 is sufficient to prevent the carriers 4 from tilting. Hence, a product A which is not to be discharged on the station 7 is conveyed further, also in the case where one of the strip-shaped carriers 4, collectively carrying the product A, tilts. However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.")
Regarding Claim 17, Kirpestein in view of He discloses the system of claim 13, as seen above. Kirpestein further discloses wherein the electromagnet is mounted on a first side of the conveyor and a reject ramp is mounted on a second side of the conveyor adjacent the second ends of the slats, and wherein the package is for moving onto the reject ramp when the package moves off the one or more slats in the tilted position. (Figure 1: Discharge Station 7, wherein the station comprising a ramp would be an obvious modification known in the art)
Regarding Claim 21, Kirpestein in view of He discloses the system of claim 13, as seen above. Kirpestein further discloses wherein the package is a first package and the one or more slats comprises a first grouping of slats, and wherein a second grouping of slats of the plurality of slats supports a second package as the second grouping of slats are moved along the conveyor.(Column 1, lines 1-23: "The invention relates to a sorting conveyor of the type provided with at least one endless row of product carriers, designed as relatively narrow strips, movable along evaluating means and along a plurality of discharge stations disposed in a sorting path, wherein the carriers, responsive to signals received from the evaluating means, are tiltable from a horizontal conveying position to an inclined discharge position, which carriers are attached by one end to bearing members of an endless conveyor via tilting hinges, while at one end of the carriers a support is present preventing the carriers from tilting downwards, with the support being interrupted at the location of each discharge station and a series of electromagnets, controllable by signals from the evaluating means, being arranged in the path of each interruption, whereby it can be determined, by influencing soft iron parts provided in each of the carriers, whether or not carriers discharge their load into a specific discharge station by tilting or not, as is known from Patent Abstracts of Japan JP-A-59-217524 (Iseki Noki", wherein the conveyor is inherently meant to convey a plurality of products being discharged at specific stations)
Regarding Claim 22, Kirpestein in view of He discloses the system of claim 13, as seen above. Kirpestein further discloses wherein the package includes a nonconforming carton.(Column 2, lines 31-43: "It is further noted that the design of the carriers as relatively narrow strips extending transversely to the direction of conveyance already has the advantage that a product such as a potato, citrus fruit or the like, rests on several carriers simultaneously, so that if a single carrier should swing downwards at a station where the product in question should not be discharged, the product does not "fall". On the other hand, when the series of electromagnets at a station is made long enough, products that are not likely to "fall", such as elongated potatoes with clods of clay adhering thereto, will certainly be discharged.", wherein the product could easily be a nonconforming carton)
Regarding Claim 23, Kirpestein in view of He discloses the system of claim 13, as seen above. Kirpestein further discloses wherein the conveyor comprises one or more chains moving in the downstream direction, wherein the slats of the plurality of slats are mounted to respective mount assemblies, and the mount assemblies are engaged with the one or more chains so that the one or more chains move the mount assemblies and the respective slats in the downstream direction.(Column 4, lines 25-33: " In the drawings, particularly Figs 1 and 2, strip-shaped carriers 4 for, for instance, potatoes A, are attached to a conveyor chain 1 via bearing members 2 and synthetic tilting hinges 3. The carriers 4, extending transversely to the direction of conveyance, each have a soft iron part 5 at their free end, by which they rest on a support 6, for instance in the shape of a round rope 6, moving along with the conveyor chain 1." and Column 5, lines 33-46: "The embodiment according to Figs 8 and 9 differs from the embodiment described hereinabove in that the carriers are designed with a product-carrying part 4, an upright part 4a disposed at the side of the hinge 2 and a soft iron part 5 provided at the top end thereof. In this case, the maintenance of a constant gap width between the soft iron parts 5 and the magnets is effected by the chain 12 which itself functions as a spacer. Therefore, in this embodiment, no separate belt 10 is used. Further, in this embodiment, an assembly of a plurality of electromagnets 9 and a single long permanent magnet 9p is indicated for bridging the interruption 8 in the carrier support 6.")
Regarding Claim 24, Kirpestein in view of He discloses the system of claim 23, as seen above. Kirpestein further discloses wherein each of the mount assemblies comprises a slat mount mounted on one or more chain lugs, the one or more chain lugs are supported on the one or more chains, and each of the slats is mounted to the respective slat mount by the pivot pin.(Column 4, lines 25-33: " In the drawings, particularly Figs 1 and 2, strip-shaped carriers 4 for, for instance, potatoes A, are attached to a conveyor chain 1 via bearing members 2 and synthetic tilting hinges 3. The carriers 4, extending transversely to the direction of conveyance, each have a soft iron part 5 at their free end, by which they rest on a support 6, for instance in the shape of a round rope 6, moving along with the conveyor chain 1." and Column 5, lines 33-46: "The embodiment according to Figs 8 and 9 differs from the embodiment described hereinabove in that the carriers are designed with a product-carrying part 4, an upright part 4a disposed at the side of the hinge 2 and a soft iron part 5 provided at the top end thereof. In this case, the maintenance of a constant gap width between the soft iron parts 5 and the magnets is effected by the chain 12 which itself functions as a spacer. Therefore, in this embodiment, no separate belt 10 is used. Further, in this embodiment, an assembly of a plurality of electromagnets 9 and a single long permanent magnet 9p is indicated for bridging the interruption 8 in the carrier support 6.")
Regarding Claim 25, Kirpestein in view of He discloses the method of claim 1, as seen above. He further discloses wherein each of the slats are mounted to a respective mount assembly by the pivot pin, in the tilted position the first end of each slit tips upwardly and the second end of each slat tips downwardly relative to horizontal position.(Figures 2a-2d: Shows tray pivoting about center pin/shaft in support 213 between a horizontal and tilted position)
Regarding Claim 26, Kirpestein in view of He discloses the system of claim 13, as seen above. He further discloses wherein each of the slats are mounted to a respective mount assembly by the pivot pin, in the tilted position the first end of each slit tips upwardly and the second end of each slat tips downwardly relative to horizontal position.(Figures 2a-2d: Shows tray pivoting about center pin/shaft in support 213 between a horizontal and tilted position)
Regarding Claim 7, Kirpestein in view of He discloses the method of claim 1, as seen above.
However, Kirpestein in view of He does not disclose wherein a permanent magnet is mounted to each of the slats, one or more ferromagnetic plates extends along the downstream direction, the permanent magnet of each of the slats is aligned above the one or more ferromagnetic plates when the respective slats are in the horizontal position during a portion of the moving the plurality of slats in the downstream direction.
Coccetti discloses a similar transport system wherein a permanent magnet is mounted to each of the slats, one or more ferromagnetic plates extends along the downstream direction, the permanent magnet of each of the slats is aligned above the one or more ferromagnetic plates when the respective slats are in the horizontal position during a portion of the moving the plurality of slats in the downstream direction.(Figure 2: Fixed part 100 comprises magnetic strip 120, wherein vehicle 2000 comprises an electromagnetic group 220).
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 Kirpestein in view of He to include the permanent magnets as taught by Coccetti. The motivation for the modification would have been to allow for a transport system that does not require high instantaneous electric power to run, is more reliable, requires less maintenance and reduces potential electromagnetic pollution (Columns 1-2, lines 31-28).
Regarding Claim 8, Kirpestein in view of He in further view of Coccetti discloses the method of claim 7, as seen above. Kirpestein further discloses wherein the permanent magnets of one or more slats are moved away from the ferromagnetic plates when the one or more slats pivot from the horizontal position to the vertical position.(Column 4, lines 34-56: " At the discharge station 7, the carrier support by the round rope 6 has an interruption 8 and the support is taken over by a series of electromagnets 9. As long as they are energized, the attraction of the soft iron parts 5 is sufficient to prevent the carriers 4 from tilting. Hence, a product A which is not to be discharged on the station 7 is conveyed further, also in the case where one of the strip-shaped carriers 4, collectively carrying the product A, tilts. However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.")
Regarding Claim 9, Kirpestein in view of He in further view of Coccetti discloses the method of claim 7, as seen above. Kirpestein further discloses wherein the one or more ferromagnetic plates comprises a plurality of ferromagnetic plates, and wherein the electromagnet is aligned with a gap between two ferromagnetic plates of the plurality of ferromagnetic plates.(Figure 6: Permanent magnets 9p and magnets 9)
Regarding Claim 18, Kirpestein in view of He discloses the system of claim 13, as seen above.
However, Kirpestein in view of He does not disclose wherein a permanent magnet is mounted to each of the slats, one or more ferromagnetic plates extends along at least a portion of the conveyor, the permanent magnet of each of the slats is aligned above the one or more ferromagnetic plates when the respective slats are in the horizontal position.
Coccetti discloses a similar transfer system wherein a permanent magnet is mounted to each of the slats, one or more ferromagnetic plates extends along at least a portion of the conveyor, the permanent magnet of each of the slats is aligned above the one or more ferromagnetic plates when the respective slats are in the horizontal position.(Figure 2: Fixed part 100 comprises magnetic strip 120, wherein vehicle 2000 comprises an electromagnetic group 220).
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 Kirpestein in view of He to include the permanent magnets as taught by Coccetti. The motivation for the modification would have been to allow for a transport system that does not require high instantaneous electric power to run, is more reliable, requires less maintenance and reduces potential electromagnetic pollution (Columns 1-2, lines 31-28).
Regarding Claim 19, Kirpestein in view of He in further view of Coccetti discloses the system of claim 18, as seen above. Kirpestein further discloses wherein the permanent magnets of one or more slats are for being moved away from the ferromagnetic plates when the one or more slats pivot from the horizontal position to the vertical position.(Column 4, lines 34-56: " At the discharge station 7, the carrier support by the round rope 6 has an interruption 8 and the support is taken over by a series of electromagnets 9. As long as they are energized, the attraction of the soft iron parts 5 is sufficient to prevent the carriers 4 from tilting. Hence, a product A which is not to be discharged on the station 7 is conveyed further, also in the case where one of the strip-shaped carriers 4, collectively carrying the product A, tilts. However, if the product A in question is intended to be discharged on the station 7, a discharge signal is given by evaluation means disposed upstream (not shown), which signal is translated by a control device, not shown either, into a temporary removal of the energization of the series of electromagnets on the station 7 in question. The product is then discharged as the carriers tilt downwards at that location. The carriers which have discharged a product remain in the downwardly tilted position until they meet a stop further on in the path which lifts the carriers to the horizontal conveying position again.")
Regarding Claim 20, Kirpestein in view of He in further view of Coccetti discloses the system of claim 18, as seen above. Kirpestein further discloses wherein the one or more ferromagnetic plates comprises a plurality of ferromagnetic plates, and wherein the electromagnet is aligned with a gap between two ferromagnetic plates of the plurality of ferromagnetic plates.(Figure 6: Permanent magnets 9p and magnets 9)
Allowable Subject Matter
Claims 5 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 5 and 16, there is no prior art alone or in combination that discloses the combination of recited limitations in Claims 1, 2, 4, 5 and 13-16. The art alone or in combination did not disclose wherein a permanent magnet is mounted to the first segment of each of the slats and is spaced apart from the ferromagnetic bar of the respective slat, wherein a plurality of ferromagnetic plates extends along the downstream direction and the electromagnet is aligned with a gap between two ferromagnetic plates of the plurality of ferromagnetic plates. The closest prior arts of record Kirpestein (European Patent Application EP0593126A1), He (United States Patent Application US 2020/0017319 A1) and Coccetti (European Patent Application EP3915823A1) teach a similar system and method of handling packages comprising a plurality of slats that pass over an electromagnet, that pivot between a horizontal and tilted position, wherein the electromagnet energizes and deenergizes in order to tilt the slats and move packages, but all fail to teach wherein a permanent magnet is mounted to the first segment of each of the slats and is spaced apart from the ferromagnetic bar of the respective slat, wherein a plurality of ferromagnetic plates extends along the downstream direction and the electromagnet is aligned with a gap between two ferromagnetic plates of the plurality of ferromagnetic plates. Additionally, no other reference, or reasonable combination thereof, could be found which disclose or suggest the features of the claim.
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.
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/ABBY A JORGENSEN/ Examiner, Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651
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