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 § 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Heim (United States Patent Application US2020399074A1) in view of Kind (German Patent Application DE3841678C2).
Regarding Claim 1, Heim discloses An apparatus (A) for transferring pharmaceutical articles internally of containers with rejection of defective pharmaceutical articles, (Paragraph 0002: "The present disclosure relates to a device and a method for transferring medicinal products (i.e. medical products) in the form of tablets, capsules, coated tablets, or caplets.")comprising: a vibrating conveyor means (1) comprising a series of transport channels (11) which are configured and adapted to receive pharmaceutical articles (F) and to convey the pharmaceutical articles (F) in a transport direction (V), arranging them in a row one behind another, at a fall zone (Z) which is situated beyond an end (12) of the transport channels (11); (Figure 1: Oscillating conveyor 6 with lanes 7 for conveying medical products 4 to fall through opening 16 into shaft 14)at least a detection unit (D) of the intactness of the pharmaceutical articles, which is arranged in a position above the conveyor means (1) and in proximity of the ends (12) of the transport channels (11) and configured to detect the intactness of the pharmaceutical articles which are moving towards the ends (12) of the transport channels (11) and therefore moving towards the fall zone (Z); (Figure 1: Detection device 10)a series of conveying conduits (2) of pharmaceutical articles (F) arranged in the fall zone (Z), wherein each conveyor conduit (2) comprises an upper inlet opening (21) and a lower outlet opening (22);(Figure 1: Opening 16 and openings created by slide valves 22).
However, Heim does not disclose characterized in that each conveyor conduit (2) of the series of conveying conduits (2) is arranged in such a way that the respective upper inlet opening (21) is positioned inferiorly of and beneath the end (12) of the transport channels (11) in such a way as to define, for each transport channel (11), a maneuvering space (S) which is comprised between the end (12) of the transport channels (11) and the upper inlet opening (21) of the conveyor conduit (2), and in such a way that the lower outlet opening (22) is arranged above a respective container to be filled, wherein each conveyor conduit (2) is configured and adapted to receive, through the upper inlet opening (21), the pharmaceutical articles (F) falling from the end of a respective transport channel (11) and to convey the pharmaceutical articles (F) by force of gravity to the lower outlet opening (22) for unloading the pharmaceutical articles (F) into a container, and in that it comprises, for each transport channel (11) and for each respective conveyor conduit (2), a reject unit (3) which is arranged in the maneuvering space (S) comprised between the end (12) of the transport channel (11) and the upper inlet opening (21) of the conveyor conduit (2) and which is conformed in such a way as to comprise a main body (30), internally hollow and such as to define a through-channel (31) passing vertically through the main body (30), with an inlet mouth (A) and an outlet mouth (B), and having a lateral wall (32) shaped with a descending inclined profile (320), wherein the reject unit (3) is drivable in alternating translation in the maneuvering space (S) in such a way as to be positionable:in a first operating position (01), wherein the internally hollow main body (30) is positioned with the inlet mouth (A) of the through-channel (31) positioned beneath the end of the transport channel (11) and with the outlet mouth (B) of the through-channel (31) positioned superiorly of the upper inlet opening (21) of the conveyor conduit (2) in such a way that a pharmaceutical article (F) recognised by the detection unit (D) as intact, and which has fallen from the end (12) of the respective transport channel (11), can cross the through-channel (31) and enter the conveyor conduit (2) in order to be transferred and inserted into a respective container, or in a second operating position (02), wherein the lateral wall (32) shaped with a descending inclined profile (320) is positioned beneath the end (12) of the transport channel (11) in such a way that a pharmaceutical article (F) recognised by the detection unit (D) as defective,and which has fallen from the end (12) of the respective transport channel (11), can abut the descending inclined profile (320) of the lateral wall (32) and be deviated towards an accumulation area of defective pharmaceutical articles.
Kind discloses a similar apparatus characterized in that each conveyor conduit (2) of the series of conveying conduits (2) is arranged in such a way that the respective upper inlet opening (21) is positioned inferiorly of and beneath the end (12) of the transport channels (11) in such a way as to define, for each transport channel (11), a maneuvering space (S) which is comprised between the end (12) of the transport channels (11) and the upper inlet opening (21) of the conveyor conduit (2),(Figure 1: Opening 16 creates manoevuring space as the slide gate 9 operates) and in such a way that the lower outlet opening (22) is arranged above a respective container to be filled, wherein each conveyor conduit (2) is configured and adapted to receive, through the upper inlet opening (21), the pharmaceutical articles (F) falling from the end of a respective transport channel (11) and to convey the pharmaceutical articles (F) by force of gravity to the lower outlet opening (22) for unloading the pharmaceutical articles (F) into a container, (Figure 1: Wherein opening 16 creates discharge opening for conveyed material to fall into their respective containing device)and in that it comprises, for each transport channel (11) and for each respective conveyor conduit (2), a reject unit (3) which is arranged in the maneuvering space (S) comprised between the end (12) of the transport channel (11) and the upper inlet opening (21) of the conveyor conduit (2) and which is conformed in such a way as to comprise a main body (30), internally hollow and such as to define a through-channel (31) passing vertically through the main body (30), with an inlet mouth (A) and an outlet mouth (B), and having a lateral wall (32) shaped with a descending inclined profile (320), (Figure 1: Slide valve 9 with opening 16 and inclined plane 17)wherein the reject unit (3) is drivable in alternating translation in the maneuvering space (S) in such a way as to be positionable:in a first operating position (01), wherein the internally hollow main body (30) is positioned with the inlet mouth (A) of the through-channel (31) positioned beneath the end of the transport channel (11) and with the outlet mouth (B) of the through-channel (31) positioned superiorly of the upper inlet opening (21) of the conveyor conduit (2) in such a way that a pharmaceutical article (F) recognised by the detection unit (D) as intact, and which has fallen from the end (12) of the respective transport channel (11), can cross the through-channel (31) and enter the conveyor conduit (2) in order to be transferred and inserted into a respective container,(Figure 1: Shows discharge device in normal position) or in a second operating position (02), wherein the lateral wall (32) shaped with a descending inclined profile (320) is positioned beneath the end (12) of the transport channel (11) in such a way that a pharmaceutical article (F) recognised by the detection unit (D) as defective,and which has fallen from the end (12) of the respective transport channel (11), can abut the descending inclined profile (320) of the lateral wall (32) and be deviated towards an accumulation area of defective pharmaceutical articles.(Figure 2: Shows discharge device in discharge 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 Heim to include the maneuvering space as taught by Kind. The motivation for the modification would have been to allow for a transfer device that can function flawlessly during different forms of conveying while maintaining a proper reaction time that aligns with the conveying speed (Paragraph 0003).
Regarding Claim 2, Heim in view of Kind discloses the apparatus as claimed in claim 1, as seen above. Kind further discloses wherein the lateral wall (32) is shaped with a descending inclined profile (320) of each reject unit (3). (Figure 1: Slide valve 9 with opening 16 and inclined plane 17)
However, Kind does not disclose wherein the lateral wall (32) shaped with a descending inclined profile (320) of each reject unit (3) has a concave sliding surface.
"It would have been an obvious matter of design choice to make the different portions of the lateral wall of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. The change of shape would be within the level of ordinary skill in the art, as the shape of the surface of the claimed invention and that of Kind are both shaped in a way to facilitate proper sliding and directing of the objects, as seen in Paragraph 0018 of Kind; "While the term "flat slide valve" applies to the slide valve in DE-PS 29 44 192, the slide valve in the invention may, in contrast, be characterized as a "block slide valve “”.The height of the slider is essentially dependent on the slope of the inclined plane, which in turn depends on the coefficient of friction (µ). Care must be taken to prevent material build up in the area of the inclined plane. As a rough approximation, the height of the slide can be assumed to be the clear diameter of the conveying shaft, so that, according to claim 3, the angle of the inclined plane can be calculated as follows: tan α = diameter of the conveying shaft : displacement of the slide. If the diameter corresponds to the displacement distance, then the inclined plane has a gradient of 100%.".
Regarding Claim 3, Heim in view of Kind discloses the apparatus as claimed in claim 1, as seen above. Kind further discloses comprising, for each reject unit (3), a respective linear driving actuator (4) positioned at a side of the maneuvering space (S) and connected to the main body (30) of a respective reject unit (3), on the opposite side of the lateral wall (32) shaped with a descending inclined profile (320), wherein the linear driving actuator (4) is configured, on the basis of the detection carried out by the detection unit (D):to drive the reject unit (3) in translation and to position the reject unit (3) in the first operating position (01), when the detection unit (D) has detected that a pharmaceutical article which is reaching the end (12) of the transport channel is intact; to maintain the reject unit (3) in the first operating position (01) as long as the detection unit (D) detects that a pharmaceutical article which is reaching the end (12) of the transport channel is intact; to drive the reject unit (3) in translation and to position the reject unit (3) in the second operating position (02), when the detection unit (D) has detected that a pharmaceutical article which is reaching the end (12) of the transport channel is defective; to maintain the reject unit (3) in the second operating position (02) as long as the detection unit (D) detects that a pharmaceutical article which is reaching the end (12) of the transport channel (11) is defective.(Paragraph 0030: ""In the guide housing 8 the slide 9 is movably guided and is moved between two end positions by an actuating mechanism 15 controlled by the metal detector 14 depending on the presence of a metal particle. In one end position, the slide gate 9 releases the conveying shaft 5 and closes the discharge opening 10, 11, and in the other end position, the conveying shaft 5 is closed and the discharge opening 10, 11 is free").
Regarding Claim 4, Heim in view of Kind discloses the apparatus as claimed in claim 3, as seen above. Kind further discloses wherein the linear driving actuator (4) comprises a pneumatic or hydraulic alternating piston (41).(Paragraph 0031: "the actuating mechanism 15 is an electrical, magnetic, electromagnetic or fluid-operated actuator such as a pneumatic cylinder or lifting magnet.")
Regarding Claim 5, Heim in view of Kind discloses the apparatus as claimed in claim 2, as seen above. Kind further discloses comprising, for each reject unit, a respective linear driving actuator positioned at a side of the maneuvering space and connected to the main body of a respective reject unit, on the opposite side of the lateral wall shaped with a descending inclined profile, wherein the linear driving actuator is configured, on the basis of the detection carried out by the detection unit: to drive the reject unit in translation and to position the reject unit in the first operating position, when the detection unit has detected that a pharmaceutical article which is reaching the end of the transport channel is intact; to maintain the reject unit in the first operating position as long as the detection unit detects that a pharmaceutical article which is reaching the end of the transport channel is intact; to drive the reject unit in translation and to position the reject unit in the second operating position, when the detection unit has detected that a pharmaceutical article which is reaching the end of the transport channel is defective; to maintain the reject unit in the second operating position as long as the detection unit detects that a pharmaceutical article which is reaching the end of the transport channel is defective. (Paragraph 0030: "In the guide housing 8 the slide 9 is movably guided and is moved between two end positions by an actuating mechanism 15 controlled by the metal detector 14 depending on the presence of a metal particle. In one end position, the slide gate 9 releases the conveying shaft 5 and closes the discharge opening 10, 11, and in the other end position, the conveying shaft 5 is closed and the discharge opening 10, 11 is free")
Regarding Claim 6, Heim in view of Kind discloses the apparatus as claimed in claim 5, as seen above. Kind further discloses wherein the linear driving actuator comprises a pneumatic or hydraulic alternating piston.(Paragraph 0031: "the actuating mechanism 15 is an electrical, magnetic, electromagnetic or fluid-operated actuator such as a pneumatic cylinder or lifting magnet.")
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent US 2022/0280981 A1 (Timperio, Richard): Timperio teaches a similar conveyor rejection system comprising a conveyor, a diverter system, and diverter units as seen in Figure 1.
United States Patent Application US 2001/0007442A1 (Monti, Giuseppe): Monti discloses a similar conveyor selecting and feeding apparatus comprising a first hopper, a second hopper, tapered inlet sections, a sensor to detect flow interruptions, and a shutter as seen in Figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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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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/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651