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 § 102
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) 1-3, and 21 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Lober (U.S. Patent 2,676,733). Regarding Claim 1, Lober shows an apparatus (Title) comprising a funnel comprising a set of sides that cooperate to define an inlet opening and an outlet opening (Figure 2, element 15+25, element 16+19), and an actuator that is operatively connected to the funnel, wherein at least one member of the set of sides is independently vibratable with respect to at least one other member of the set of sides by the actuator (Figure 2, element 18; Column 2, lines 5-30).
Regarding Claim 2, Lober shows the apparatus of claim 1 above, including one wherein a plurality of members of the set of sides are fixed relative to each other and are vibratable together by the actuator independently of at least one other member of the set of sides (elements 19+26 versus elements 15+25).
Regarding Claim 3, Lober shows the apparatus of claim 1 above, including one further comprising a sheet that is disposed on at least one member of the set of sides and that faces toward the inlet opening, wherein the sheet is vibratable with the at least one member of the set of sides (Figure 2, element 19).
Regarding Claim 21, Lober shows the apparatus of claim 1 above, including one wherein the actuator is configured to vibrate the at least one member of the set of sides along a plurality of axes, and wherein the one or more axes are perpendicular to each other (Figure 2, elements 18, 22, 23).
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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lober.
Regarding Claim 5, Lober shows the apparatus of claim 1 above, but he does not show movable funnel sides. It would have been obvious to one of ordinary skill in the art to make the sides of Lober’s funnel movable in order to facilitate size adjustment of the funnel and because adjustability is not held to be a patentable advance (MPEP 2144.04 (V)(D)).
Regarding Claim 6, Lober shows the apparatus of claim 1 above, but he does not show a second actuator. It would have been obvious to include a second actuator for vibration in order to increase or localize the vibration availability and because duplication of parts has not patentable significance unless a new and unexpected result is produced (MPEP 2144.04 (VI)(B)).
Regarding Claim 7, Lober shows the apparatus of claim 6 above, but he does not show movable funnel sides. It would have been obvious to one of ordinary skill in the art to make the sides of Lober’s funnel movable in order to facilitate size adjustment of the funnel and because adjustability is not held to be a patentable advance (MPEP 2144.04 (V)(D)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-7, and 21 have been considered but are moot because the claims were amended such that further consideration and search was required.
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 MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742
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