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 .
Response to Amendment
The amendment filed December 5th, 2025 has been entered. Claims 1, 4, 9, 11, 13 and 17 have been amended. Claims 14-15 and 20 have been canceled. Claims 1-13 and 16-19 remain pending. Applicant’s amendments to the claims overcome the 112(b) Rejections and some of the objections previously set forth in the Non-Final Office Action mailed June 6th, 2025.
Claim Objections
Claims 4 are objected to because of the following informalities:
In claim 4, “axis of rotation axis” should read “axis of rotation”.
Appropriate correction is required.
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.
Claims 1-5, 7-13 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Satake et al. (US 5669511) in view of Sherwin (US 6731867).
Regarding claim 1, Satake et al. (US 5669511) teaches a sorting device (Col. 1 lines 4-8) having a detection zone (Fig. 1 ‘F’) for detecting irregularities in a product flow moving in free flight (Col. 5 lines 1-8, Col. 6 lines 60-63) through this detection zone in a direction of travel (Fig. 1 direction of path ‘J’), with a detection device (Fig. 1 #15) provided for detecting irregular products in the product flow (Col. 7 lines 12-26), wherein the detection device (Fig. 1 #15) is separated from the product flow by a closed wall (Fig. 1 #17 separates #15 from flow along ‘J’) having at least one window (Fig. 1 surface of #17 facing ‘F’ is transparent, see Satake (US 4371081) Col. 2 lines 27-29) so that the product flow can be detected through said window by the detection device (Col. 6 lines 54-63).
Satake et al. (US 5669511) lacks teaching wherein said window is shielded from the product flow by means of a disc-shaped element which is transparent to the detection device and which can be driven around a rotational axis in order to remove contaminants from said element, wherein said axis of rotation extends perpendicular to the surface of the disc-shaped element and wherein the disc-shaped element works in conjunction with a drive motor adapted to drive the disc-shaped element around the central axis of rotation at a speed higher than 2,000 revolutions per minute.
Sherwin (US 6731867) teaches a detection device (Col. 1 lines 9-16) having at least one window (Fig. 1A #112 “lens”), wherein said window is shielded from the product flow by means of a disc-shaped element (Fig. 1B #122 “disc”, Col. 4 lines 8-10, 27-32) which is transparent to the detection device (Col. 4 lines 31-32) and which can be driven around a rotational axis (Fig. 2 see #122 driven around central rotational axis) in order to remove contaminants from said element (Col. 1 lines 17-22, 48-55), wherein said axis of rotation extends perpendicular to the surface of the disc-shaped element (Fig. 2 axis of rotation of #122 extends perpendicular to the surface of #122) and wherein the disc-shaped element works in conjunction with a drive motor (Col. 4 lines 43-50) adapted to drive the disc-shaped element around the central axis of rotation at a speed higher than 2,000 revolutions per minute (Col. 5 lines 23-30).
Sherwin (US 6731867) explains that the centrifugal force generated by the disc as it rotates throws the particles towards the circumference of the disc, where they fall off and stop interfering with the image (Col. 1 lines 17-22), and states that it is expected that the features provided by Sherwin (US 6731867) may be used in the design of lens protectors with higher rotational speeds, such as 2000-4000 RPM (Col. 5 lines 23-30).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Satake et al. (US 5669511) to include wherein said window is shielded from the product flow by means of a disc-shaped element which is transparent to the detection device and which can be driven around a rotational axis in order to remove contaminants from said element, wherein said axis of rotation extends perpendicular to the surface of the disc-shaped element and wherein the disc-shaped element works in conjunction with a drive motor adapted to drive the disc-shaped element around the central axis of rotation at a speed higher than 2,000 revolutions per minute as taught by Sherwin (US 6731867) in order to remove particles from the disc shaped element and therefore prevent particles from interfering with the results of the detection device.
Regarding claim 2, Satake et al. (US 5669511) teaches the sorting device according to claim 1, wherein said window is provided opposite said detection zone (Fig. 1 transparent surface of #17 facing and opposite of ‘F’) and opposite the bottom side of the product flow in order to observe this bottom side (Fig. 1 transparent surface of #17 observes and is opposite of the bottom side of material flowing along ‘L’).
Regarding claim 3, Satake et al. (US 5669511) teaches the sorting device according to claim 1, wherein said window is provided at a level situated below the level of said detection zone in order to observe the bottom side of the product flow (Fig. 1 transparent surface of #17 below level of ‘L’ and observes bottom side of material flowing along ‘L’).
Regarding claim 4, Satake et al. (US 5669511) lacks teaching the sorting device according to claim 1, wherein said axis of axis extends transverse to the plane of said window.
Sherwin (US 6731867) teaches a detection device (Col. 1 lines 9-16) wherein said axis of axis extends transverse to the plane of said window (Fig. 1A-1B axis of rotation of #122 extends transverse to the plane of #112).
Sherwin (US 6731867) explains that the centrifugal force generated by the disc as it rotates throws the particles towards the circumference of the disc, where they fall off and stop interfering with the image (Col. 1 lines 17-22), and states that it is expected that the features provided by Sherwin (US 6731867) may be used in the design of lens protectors with higher rotational speeds, such as 2000-4000 RPM (Col. 5 lines 23-30).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Satake et al. (US 5669511) to include wherein said axis of axis extends transverse to the plane of said window as taught by Sherwin (US 6731867) in order to remove particles from the disc shaped element and therefore prevent particles from interfering with the results of the detection device.
Regarding claim 5, Satake et al. (US 5669511) teaches the sorting device according to claim 1, wherein said detection device (Fig. 1 #15) comprises at least one camera (Fig. 1 #19) whose field of view extends through said window at least over a part of the detection zone (Fig. 1 field of view of #19 extends through transparent surface of #17 over ‘F’) such that products moving through this part of the detection zone can be detected by the camera (Col. 6 lines 58-63).
Regarding claim 7, Satake et al. (US 5669511) teaches the sorting device according to claim 1, wherein it comprises a conveying device (Fig. 1 #9) with a conveyor surface (Fig. 1 #8a) for the products (Fig. 1 #10) of said product flow extending upstream of said detection zone and connecting thereto (Fig. 1 #8a extending upstream ‘F’ and connecting thereto) so that products, upon leaving said surface, move through the detection zone (Fig. 1 products #10 leaving surface #8a move through ‘F’).
Regarding claim 8, Satake et al. (US 5669511) teaches the sorting device according to claim 7, wherein said conveyor surface (Fig. 1 #8a) is formed by a conveyor belt (Fig. 1 #8) driven in a direction transverse to said detection zone (Fig. 1 #8 driven in direction ‘B’ transverse to ‘F’) so that said products, upon leaving this conveyor belt, move in free flight through the detection zone according to said direction of travel (Fig. 1 products #10 move along trajectory ‘J’ upon leaving #8 through ‘F’).
Regarding claim 9, Satake et al. (US 5669511) teaches the sorting device according to claim 8, wherein said conveyor surface extends according to a horizontal plane (Fig. 6 #124 “conveying surface” extends along horizontal plane).
Regarding claim 10, Satake et al. (US 5669511) teaches the sorting device according to claim 7, wherein said conveyor surface (Fig. 1 #8a) comprises an inclined plate (Fig. 1 #11).
Regarding claim 11, Satake et al. (US 5669511) teaches the sorting device according to claim 1, further comprising a removal device (Fig. 1 #26) cooperating with the detection device to remove irregular products from the product flow during said free flight (Col. 7 lines 31-36).
Regarding claim 12, Satake et al. (US 5669511) teaches the sorting device according to claim 1, further comprising at least one light source (Fig. 1 #21) extending below said detection zone (Fig. 1 #21 below ‘F’) and making it possible to illuminate products which move through the detection zone (Col. 6 line 66-Col. 7 line 3).
Regarding claim 13, Satake et al. (US 5669511) teaches the sorting device according to claim 12, wherein said light source (Fig. 1 #21) is linear (see Satake (US 4371081); Col. 2 lines 23-26) and extends parallel to the detection zone (Fig. 1 #21 extends parallel to ‘F’).
Regarding claim 16, Satake et al. (US 5669511) teaches the sorting device according to claim 1, wherein a collecting device (Fig. 1 #27) is provided extending downstream behind said detection zone (Fig. 1 #27 provided downstream behind ‘F’) to collect said product flow (Fig. 1 #27 collects products #10a along path ‘J1’).
Regarding claim 17, Satake et al. (US 5669511) teaches a method for detecting irregularities in a product flow (Col. 1 lines 4-8), wherein products of said product flow are moved in free flight (Col. 5 lines 1-8, Col. 6 lines 60-63) through a detection zone (Fig. 1 ‘F’) while being inspected with the aid of a detection device (Fig. 1 #15) wherein irregular products are identified and these irregular products are removed from the product flow during said free flight (Col. 7 lines 12-26), wherein the detection device (Fig. 1 #15) is shielded from the product flow by a closed wall (Fig. 1 #17 separates #15 from flow along ‘J’) in which at least one window is provided (Fig. 1 surface of #17 facing ‘F’ is transparent, see Satake (US 4371081) Col. 2 lines 27-29) so that the detection device can observe said product flow through said window (Col. 6 lines 54-63).
Satake et al. (US 5669511) lacks teaching wherein said window is shielded from the product flow by placing a disc-shaped element, which is transparent to the detection device, between the window and the product flow, wherein said disc-shaped element is driven around a central axis of rotation extending perpendicularly to the surface of the disc-shaped element in order to remove contaminants from this element, wherein the disc-shaped element is driven around the central axis of rotation at a speed higher than 2,000 revolutions per minute.
Sherwin (US 6731867) teaches a method wherein a detection device (Col. 1 lines 9-16) wherein said window (Fig. 1A #112 “lens”) is shielded from the product flow by placing a disc-shaped element (Fig. 1B #122 “disc”, Col. 4 lines 8-10, 27-32), which is transparent to the detection device (Col. 4 lines 31-32), between the window and the product flow (Figs. 1A-1B #122 between #112 and external material), wherein said disc-shaped element is driven around a central axis of rotation (Fig. 2 see #122 driven around central axis of rotation) extending perpendicularly to the surface of the disc-shaped element (Fig. 2 axis of rotation of #122 extending perpendicularly to the surface of #122) in order to remove contaminants from this element (Col. 1 lines 17-22, 48-55), wherein the disc-shaped element is driven around the central axis of rotation at a speed higher than 2,000 revolutions per minute (Col. 5 lines 23-30).
Sherwin (US 6731867) explains that the centrifugal force generated by the disc as it rotates throws the particles towards the circumference of the disc, where they fall off and stop interfering with the image (Col. 1 lines 17-22), and states that it is expected that the features provided by Sherwin (US 6731867) may be used in the design of lens protectors with higher rotational speeds, such as 2000-4000 RPM (Col. 5 lines 23-30).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Satake et al. (US 5669511) to include wherein said window is shielded from the product flow by placing a disc-shaped element, which is transparent to the detection device, between the window and the product flow, wherein said disc-shaped element is driven around a central axis of rotation extending perpendicularly to the surface of the disc-shaped element in order to remove contaminants from this element, wherein the disc-shaped element is driven around the central axis of rotation at a speed higher than 2,000 revolutions per minute as taught by Sherwin (US 6731867) in order to remove particles from the disc shaped element and therefore prevent particles from interfering with the results of the detection device.
Regarding claim 18, Satake et al. (US 5669511) teaches the method according to claim 17, wherein a free flight is imposed on said product flow through said detection zone at a level above the level of said window (Fig. 1 #10 travels along path ‘J’ through ‘F’ at level above level of transparent surface of #17), wherein the bottom side of the product flow is observed by the detection device (Fig. 1 bottom side of material flowing along ‘L’ observed through transparent surface of #17).
Regarding claim 19, Satake et al. (US 5669511) teaches the method according to claim 17, wherein the bottom side of the product flow is illuminated while the products move in free flight through said detection zone (Fig. 1 #21 illuminates bottom side of #10 flowing along ‘J’ through ‘F’).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Satake et al. (US 5669511) in view of Sherwin (US 6731867) and further in view of Blanc et al. (US 2010/0121484).
Regarding claim 6, Satake et al. (US 5669511) lacks teaching the sorting device according to claim 1, wherein said detection device includes a camera on each lateral side of the product flow provided with an associated window wherein the field of view of said combined cameras extends across the width of said detection zone.
Blanc et al. (US 2010/0121484) teaches a sorting device (Paragraph 0001 lines 1-5) wherein said detection device (Paragraph 0039 lines 1-12) includes a camera on each lateral side of the product flow (Fig. 3 see #7’ on each lateral side of flow of ‘P’) provided with an associated window (Paragraph 0039 lines 1-9, Fig. 3 see window through which field of view of #7’ extends through) wherein the field of view of said combined cameras extends across the width of said detection zone (Paragraph 0052 lines 4-15).
Blanc et al. (US 2010/0121484) explains that the use of two cameras located on either side of the detection zone assures that the products can be observed in an amount of surface much larger than can be seen with a single camera, therefore making a complete image of each product and preventing ‘dead’ spots which may lead to unwanted errors (Paragraph 0052 lines 1-28).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Satake et al. (US 5669511) to include wherein said detection device includes a camera on each lateral side of the product flow provided with an associated window wherein the field of view of said combined cameras extends across the width of said detection zone as taught by Blanc et al. (US 2010/0121484) in order to provide a more complete image of the articles and prevent errors resulting from ‘dead’ spots in a single camera.
Response to Arguments
Applicant’s arguments, filed December 5th, 2025, with respect to the rejection(s) of amended claim(s) 1 and 17 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sherwin (US 6731867).
Conclusion
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/MOLLY K DEVINE/ Examiner, Art Unit 3653