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
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 17-19, 21, 24-28, and 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent 3,491,873 (hereinafter Fauth).
Regarding claim 17, Fauth discloses A horizontal conveyor for transporting pallets loaded with goods, comprising: a main stand comprising a stand foot, the stand foot being fixedly anchored on a floor (Fig. 1, No. 24), and a frame, the frame being supported on the stand foot and having rollers or rolls that are rotatably mounted in the frame (Fig. 1, No. 22), thereby forming a conveying section (Fig. 1, No. 2); and a protective device having a protective wall disposed along the conveying section on at least one of two sides of the conveying section (Fig. 1, Nos. 38, 39, & 34), wherein the protective wall extends above the conveying section at a height which is equal to or greater than a width of the conveying section (Fig. 1, Nos. 38, 39, & 34), and wherein the protective wall is fastened to the main stand (Fig. 1, Nos. 38, 39, & 34).
Regarding claim 18, Fauth discloses the horizontal conveyor or claim 17, wherein the conveying section comprises a conveyor belt guided over the rollers or rolls (¶25).
Regarding claim 19, Fauth discloses the horizontal conveyor or claim 17, wherein the protective wall includes one protective wall on each of the two sides of the conveying section, wherein each protective wall extends above the conveying section at least at the height which is equal to or greater than the width of the conveying section, and wherein each protective wall is fastened to the main stand (Fig. 1, Nos. 38, 39, & 34).
Regarding claim 21, Fauth discloses the horizontal conveyor or claim 17, wherein the protective wall is fastened to the stand foot of the main stand (Fig. 1, Nos. 38, 39, & 34).
Regarding claim 24, Fauth discloses the horizontal conveyor or claim 17, wherein the frame of the main stand comprises side frames on which the rollers or rolls are mounted, and a base which is disposed between the side frames, and wherein the base is supported on the stand foot and fixedly connected thereto (Fig. 3, No. 22).
Regarding claim 25, Fauth discloses the horizontal conveyor or claim 17, wherein the protective wall is fixed to upright supports which are disposed in succession along the conveying section, and wherein lower ends of the upright supports are fastened to the main stand (Fig. 1, Nos. 38, 39, & 34).
Regarding claim 26, Fauth discloses the horizontal conveyor or claim 25, wherein the protective wall is fixed to a side of the respective support that faces the conveying section (Figs. 3 & 5, No. 34).
Regarding claim 27, Fauth discloses the horizontal conveyor or claim 25, wherein the lower ends of the supports are screwed or welded to the stand foot of the main stand (Fig. 3, No. 46).
Regarding claim 28, Fauth discloses the horizontal conveyor or claim 25, wherein the supports, including the lower ends, are disposed at a vertical spacing from the floor (Fig. 1).
Regarding claim 30, Fauth discloses the horizontal conveyor or claim 17, wherein the protective wall comprises at least one horizontally extending plank (Fig. 1, No. 34).
Regarding claim 31, Fauth discloses the horizontal conveyor or claim 30, wherein neither the plank nor parts thereof extend at a height lower than the width of the conveying section (Fig. 3).
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 29 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Fauth in view of Chinese Patent Application CN 111003518 A (hereinafter Shi).
Regarding claim 29, Fauth discloses the horizontal conveyor or claim 25, but does not disclose that the lower ends of the supports are screwed to the stand foot of the main stand and also the floor. Shi discloses a conveying machine that unstacks and palletizes pallets, wherein the frame of the conveyor is fixed to the floor (page 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pallet conveyor of Fauth with the fixed pallet conveyor of Shi. The motivation would be to maintain a conveying system that is not prone to sliding or drifting during operation.
Regarding claim 32, Fauth discloses the horizontal conveyor or claim 17, but does not disclose that the protective wall comprises a suspended safety net. Shi discloses a conveying machine that unstacks and palletizes pallets, wherein the safety device is a net (Fig. 2, No. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pallet conveyor of Fauth with the safety net of Shi. The motivation would be to have a way to contain falling pallet stacks without inducing damage, the way a hard wall might.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Fauth in view of German Patent Application DE-102017209310 (hereinafter Kahrger). Fauth discloses the horizontal conveyor or claim 19, but does not disclose that the protective walls are a tunnel with an inverted U shape. Kahrger discloses a conveyor system that has a protective wall comprising an inverted U-shaped tunnel of corrugated metal (Fig. 1, No. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pallet conveyor of Fauth with the tunnel of Kahrger. The motivation would be to have a sturdy way to cover conveyed materials, and protect them from outdoor conditions, dust, or the goings on of nearby processes.
Allowable Subject Matter
Claims 20, 22, and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651