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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the butt merge conveyor” (claims 10 and 30) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The butt merge conveyor is mentioned in the specification but there are no reference numerals in the specification or the drawings designating which element is the butt merge conveyor.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 18 is objected to because of the following informalities: In lines 6-7, It appears “an discharge end” should read ---a discharge end--- .
Claim 26 is objected to because of the following informalities: In line 2, It appears “tracing” should be changed to ---tracking---. Appropriate correction is required.
Claim 26 is objected to because of the following informalities: In lines 2-3, it appears “a package” appears twice, one should be deleted. Appropriate correction is required.
Claim 29 is objected to because of the following informalities: In line 13, It appears “colleting” should be changed to ---collecting--- . Appropriate correction is required.
Claim 32 is objected to because of the following informalities: In line 2, there are two commas together “claim 30,, further”. One comma should be deleted. Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
Claims 1-6, 10-28, and 32 are 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 1 recites the limitation "said programmable logic" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the area utilization" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the average measured occupancy" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "said programmable logic controller" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "said at least one detection device" in lines 19-20. There is insufficient antecedent basis for this limitation in the claim.
Claim 32 recites the limitation "said transition zone" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 7-9, 29-31 and 33-35 are allowed.
Claims 1, 17, and 20 would be allowable if rewritten or amended 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.
Claims 2-6, 10-16, 18, 19, 21-28, and 32 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOUGLAS A HESS/Primary Examiner, Art Unit 3651
DAH
March 16, 2026