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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5, 6, 10, and 11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 and 10 recite the limitation “the lower conveyor deck is supported by the main frame for sliding movement in the second direction”, while claims 6 and 11 recite “means for moving the lower conveyor deck in the second direction.” The “second direction” of claim 1 refers to a vertical direction (“first direction” is sheet travel -refer to lines 1-2 of claim 1, the “third direction” is a lateral direction), and, as best understood, the disclosure does not show support for the lower conveyor being movable vertically relative to the upper conveyor. The specification only has support for the lower conveyor being slidable in the lateral direction relative to the upper conveyor.
Correction is required.
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.
Claims 1-4, 7-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant's admitted prior art (hereinafter "AAPA", shown in FIGS. 1-5, which refers to cited reference US 10,071,873) in view of Talken et al. US 9,027,737 (hereinafter "Talken", cited in an IDS)
Regarding claims 1, 7, 8, and 12 (refer to system in FIG. 3), AAPA teaches a conveyor configured to transport sheets along a transport path in a first direction from an input end to a discharge end, the conveyor comprising:
a main frame (Applicant's para. [0006]);
an upper conveyor deck (56) supported by the main frame and comprising a plurality of belts each having a contact surface movable around a first closed path from a first contact region to a first non-contact region, the first contact regions lying in a first plane or being bounded by the first plane;
a lower conveyor deck (62) supported by the main frame and spaced from the upper conveyor deck in a second direction perpendicular to the first direction, the lower deck comprising a first side frame (60, refer to FIG. 2) spaced from a second side frame (another of 60 in FIG. 2) in a third direction perpendicular to the first and second directions and a plurality of shafts (74) extending between the first side frame and the second side frame, the plurality of shafts being spaced apart in the first direction, each shaft of the plurality of shafts supporting a plurality of wheels (84), each wheel of the plurality of wheels having a contact surface movable around a second closed path from a second contact region to a second non-contact region, the second contact regions lying in a second plane or being bounded by the second plane,
wherein the first plane is coextensive with the second plane or is spaced from the second plane in the second direction,
wherein the transport path of the conveyor is defined by the contact surfaces of the plurality of belts in the first contact region and the contact surfaces of the plurality of wheels in the second contact region,
wherein the conveyor is configured such that the sheets make direct contact with the contact surfaces of the plurality of belts and make direct contact with the contact surfaces of the plurality of wheels when the sheets move along the transport path.
AAPA teaches the claimed invention except wherein the lower conveyor deck is supported by the main frame for movement in the third direction relative to the upper conveyor deck.
Talken teaches a similar device wherein a lower conveyor section (refer to description of 452 in FIGS. 17A-17C) and an upper conveyor section (450). Both conveyor sections are connected to independent frames and the frames "can be shifted laterally to each other" for a desired interleave relationship for scrap to fall through or a positive drive for scrap removal.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify AAPA's lower conveyor deck to be supported by the main frame for movement in the third direction relative to the upper conveyor deck as taught by Talken in order to produce a desired interleaving relationship between to the upper conveyance deck and the lower conveyance deck, thus allowing substantial space for scrap to fall through or a more positive drive for scrap removal. The combination of references would provide wherein the lower conveyor deck is movable in the third direction relative to the upper conveyor deck and relative to the main frame.
Regarding claim 2, AAPA teaches a drive (81) operably connected to the plurality of wheels and configured to rotate shafts supporting the wheels, and wherein the drive being configured to rotate the plurality of shafts.
Regarding claim 3, wherein the drive is mounted to and supported by the lower conveyor deck.
Regarding claims 4 and 9, wherein a spacing in the second direction between the first plane and the second plane is adjustable (refer to description of FIG. 2 in AAPA).
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LUIS A GONZALEZ whose telephone number is (571)270-3094. The examiner can normally be reached 9am-5:30pm.
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, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUIS A GONZALEZ/Primary Examiner, Art Unit 3653