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 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 27-52 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.
Regarding claims 27 and 42, the term "and/or" in lines 23 and 17 respectively renders the claims unclear and thereby, indefinite. Clarification and correction are required. For purpose of examination, examiner will read “or”.
Claims 28-41 and 43-52 are also rejected as being dependent from a rejected base claim.
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.
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 27-28, 30, 34-36, 39-43, 45, 47, 49-52 are rejected under 35 U.S.C. 103 as being unpatentable over Hung et al (US 10768038 B2) in view of Olafsson (US 6433288 B1).
Regarding claim 27, Hung discloses in figures 1-9 an apparatus (conveyor with a weighing system), configured and adapted for weighing objects of different lengths (Figs. 1, 2 and 5), in particular foodstuffs (ex: cargo or products), comprising: a transport device (Fig.1) having at least one transport element (120), configured and adapted for transporting the objects (ex: cargo or products);a weighing device (16) arranged under the at least one transport element (120), configured and adapted for determining a weight (column 3 lines 42-47) of an object (20) transported by the transport device (Fig.1), wherein the weighing device (16) comprises; a weighing plate (ex: weighing units) comprising at least two separate weighing plate (162, 164, 166 and 168) segments arranged under the at least one transport element (120) one behind the other (Fig.2) in the transport direction (column 3 lines 20-21), wherein the at least two weighing plate (162, 164, 166 and 168) segments each have a length L.sub.W1, L.sub.W2, L.sub.Wn (Fig. 2); a detecting device (142, 144), upstream (Figs. 1 and 2) of the weighing device (16);comprising at least one detecting unit (142), configured and adapted at least to detect a length L.sub.G1, L.sub.G2, L.sub.Gn (column 3 line 1 - column 6 line 46) of each object; wherein; a first one of the weighing plate (162, 164, 166 and 168) segments in the transport direction (column 3 lines 20-21) comprises at least one weighing cell (163, 169, 172, 178) and is configured and adapted for generating a weighing signal (column 3 lines 52-54) of one of the objects (20) having a maximum length L.sub.G1 (column 3 lines 42-47; Fig.5); a further one of the weighing plate (162, 164, 166 and 168) segments arranged downstream (Fig.1) of the first weighing plate (162, 164, 166 and 168) segment in the transport direction (column 3 lines 20-21) is connected to the first weighing plate (162, 164, 166 and 168) segment by a first connecting element (30, 32, 34) comprising at least one weighing cell (163, 169, 172, 178), and is configured and adapted for generating a weighing signal (column 3 lines 52-54) of one of the objects (20) having a maximum length L.sub.G1 and/or L.sub.G2 (Figs. 2-3 and 5). Hung fails to explicitly disclose transport speed in a transport direction.
Olafsson teaches transport speed (column 3 line 45-47; Fig.1a) in a transport direction (11).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Hung’s conveyor weighing system with transport speed in a transport direction as taught by Olafsson because this will provide a better process automation and continuous operation.
Regarding claim 28, Hung discloses in figures 1-9 the apparatus (conveyor with a weighing system), wherein each of additional ones of the weighing plate (162, 164, 166 and 168) segments arranged downstream (Fig.1); is connected at least to the preceding first connecting element (30, 32, 34) by a further connecting element (161, 167, 170, 176) comprising at least one weighing cell (163, 169, 172, 178), and is configured and adapted for generating a weighing signal (column 3 lines 52-54) of one of the objects (20) having a maximum length L.sub.G1 and/or L.sub.G2 and/or L.sub.Gn (Fig.2). Hung fails to explicitly disclose a transport direction.
Olafsson teaches a transport direction (11).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Hung’s conveyor weighing system with transport speed in a transport direction as taught by Olafsson because this will provide a better process automation and continuous operation.
Regarding claim 30 and 45, Hung discloses in figures 1-9 the apparatus and the method (conveyor with a weighing system/ weighing method of a conveyor), wherein the first connecting element (30, 32, 34); is connected to the weighing cell (163, 169, 172, 178) of the first weighing plate segment (162, 164, 166 and 168).
Regarding claim 34, Hung discloses in figures 1-9 the apparatus (conveyor with a weighing system), wherein the first connecting element (30, 32, 34) is plate-like (Fig.1).
Regarding claim 35 and 47, Hung discloses in figures 1-9 the apparatus and the method (conveyor with a weighing system/ weighing method of a conveyor), wherein the connection between the first connecting elements (30, 32, 34) and the weighing plate (162, 164, 166 and 168) segments comprises at least two load elements (163, 169, 172, 178) running substantially parallel to one another (Fig.1).
Regarding claim 36, Hung discloses in figures 1-9 the apparatus (conveyor with a weighing system), wherein the load elements (163, 169, 172, 178) running substantially parallel (Fig.2) to one another are substantially orthogonal (Fig.1) to the transport element (120).
Regarding claim 38 and 49, Hung discloses in figures 1-9 the apparatus and the method (conveyor with a weighing system/ weighing method of a conveyor); wherein, on a basis of the lengths L.sub.G1, L.sub.G2, L.sub.Gn (Fig.5) of the objects (20) detected by the detecting unit (142), a corresponding weighing signal (column 3 lines 52-54) of the corresponding length L.sub.W1, L.sub.W1+L.sub.W2 or L.sub.W1+L.sub.W2+L.sub.Wn (Fig.2) of the weighing plate (162, 164, 166 and 168) segments is used for weight determination (Fig.5).
Regarding claim 39 and 50, Hung discloses in figures 1-9 the apparatus and the method (conveyor with a weighing system/ weighing method of a conveyor); of the length L.sub.G1, L.sub.G2, L.sub.Gn of (Fig.2) the objects (20) and/or the length L.sub.W1, L.sub.W2, L.sub.Wn of the weighing plate (162, 164, 166 and 168) segments. Hung fails to explicitly disclose the transport speed is configured and adapted to be controllable and/or regulable.
Olafsson teaches the transport speed (column 3 line 45-47; Fig.1a) is configured and adapted to be controllable and/or regulable (column 3 lines 43-51).
The motivation would be the same as the one stated in claim 27.
Regarding claim 40 and 51, Hung discloses in figures 1-9 the apparatus and the method (conveyor with a weighing system/ weighing method of a conveyor); wherein: the objects (20) are arranged spaced apart from one another (Fig.1) on the transport element (120); and the spacing from one another is configured and adapted to be adjustable (Fig.1) on a basis of the length L.sub.G1, L.sub.G2, L.sub.Gn (Fig.2) of the objects and/or the length L.sub.W1, L.sub.W2, L.sub.Wn of the weighing plate segments (162, 164, 166 and 168). Hung fails to explicitly disclose the transport speed.
Olafsson teaches the transport speed (column 3 line 45-47; Fig.1a).
The motivation would be the same as the one stated in claim 27.
Regarding claims 41 and 52, Hung discloses in figures 1-9 the apparatus and the method (conveyor with a weighing system/ weighing method of a conveyor) wherein the spacing (Fig.1) between the objects (20) is configured and adapted to be substantially constantly adjustable independently (Fig.1) of the length of the objects (20) L.sub.G1, L.sub.G2, L.sub.Gn and/or the length L.sub.W1, L.sub.W2, L.sub.Wn of the weighing plate (162, 164, 166 and 168) segments. Hung fails to explicitly disclose the transport speed.
Olafsson teaches the transport speed (column 3 line 45-47; Fig.1a).
The motivation would be the same as the one stated in claim 27.
Regarding claim 42, Hung discloses in figures 1-9 method for weighing objects of different lengths (weighing method of a conveyor) L.sub.G1, L.sub.G2, L.sub.Gn (Fig.5), in particular foodstuffs (ex: cargo or products), comprising the steps of: transporting the objects (20) at a transport speed in a transport direction (column 3 lines 20-21) by a transport device (Fig.1) having at least one transport element (120); determining a weight (column 3 lines 42-47) of the objects (20) transported by the transport device (Fig.1) using a weighing device (16), wherein the weighing device (16) comprises; a weighing plate (ex: weighing units) comprising at least two separate weighing plate segments (162, 164, 166 and 168) which are arranged under (Fig.1) the at least one transport element (120);wherein the at least two weighing plate segments (162, 164, 166 and 168) each have a length L.sub.W1, L.sub.W2, L.sub.Wn,(Fig.2) detecting the lengths L.sub.G1, L.sub.G2, L.sub.Gn (Fig.5) of the objects (20) by a detecting device (142, 144), upstream of the weighing device (142, 144) in the transport direction, comprising at least one detecting unit (142); wherein; the weighing signal (column 3 lines 52-54) of one of the objects (20) of a maximum length L.sub.G1 (Fig.5) is generated by a weighing cell (163, 169, 172, 178) comprising a first one of the weighing plate segments (162, 164, 166 and 168);and a weighing signal (column 3 lines 52-54) of one of the objects (20) of a maximum length L.sub.G1 and/or L.sub.G2 is generated by a further one of the weighing plate segments (162, 164, 166 and 168) comprising at least one weighing cell (163, 169, 172, 178), downstream (Fig.1) of the first weighing plate segment (162, 164, 166 and 168) in the transport direction, wherein the first weighing plate segment (162, 164, 166 and 168) is connected to the downstream further weighing plate segment (162, 164, 166 and 168) by a first connecting element (30, 32, 34). Hung fails to explicitly disclose transport speed in a transport direction.
Olafsson teaches transport speed (column 3 line 45-47; Fig.1a) in a transport direction (11).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Hung’s conveyor weighing system with transport speed in a transport direction as taught by Olafsson because this will provide a better process automation and continuous operation.
Regarding claim 43, Hung discloses in figures 1-9 method for weighing objects of different lengths (weighing method of a conveyor) wherein the weighing signal of one of the objects (20) of a maximum length L.sub.G1 and/or L.sub.G2 and/or L.sub.Gn (Fig.5) is generated by each of additional ones of the weighing plate segments (162, 164, 166 and 168), comprising the at least one weighing cell (163, 169, 172, 178), downstream (Fig.1); wherein each of the additional weighing plate segments (162, 164, 166 and 168) comprises in each case a further connecting element (30, 32, 34) and is connected to a preceding one (Figs. 1 and 2) of the connecting elements (30, 32, 34). Hung fails to explicitly disclose a transport direction.
Olafsson teaches a transport direction (11).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Hung’s conveyor weighing system with transport speed in a transport direction as taught by Olafsson because this will provide a better process automation and continuous operation.
Allowable Subject Matter
Claims 29, 31-33, 37, 44, 46 and 48 are objected to as being dependent upon a rejected claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claim.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 29, 31-33, 37, 44, 46 and 48, the prior art fails to explicitly disclose weighing plate segments configured and adapted for transmitting a weight force; one detecting unit configured and adapted as a scanning system, wherein the scanning system comprises at least one camera and/or at least one laser measuring device. The objects are fish fillets having a length of 200 mm to 900 mm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
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/MIREILLE S SADATE-MOUALEU/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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