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 Arguments
Applicant’s arguments with respect to claim(s) 6-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner uses the newly cited International Patent Application WO 2010/118017A1 (Buri, Reinhard) to teach the assembly as claimed.
Claim Rejections - 35 USC § 102
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 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.
(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 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buri (International Patent Application WO 2010/118017 A1).
Regarding Claim 6, Buri teaches An assembly for carrying cornet cone packages to a crimping machine, the cornet cone packages being crimped in the crimping machine into a conical shape, the assembly comprising: a transmission line; a plurality of motion reels movable reciprocally at opposite ends of said transmission line;(Paragraph 0010: "More particularly, in one particular embodiment of the invention, an apparatus is provided for transporting a paper or film object or a stack of such objects. The apparatus includes a belt having a top surface and configured to move along a generally linear path and along a curved path. A finger is supported by the belt and extends above the top surface for moving the object in a machine direction, with the finger being oriented at a predetermined angle relative to the machine direction. The finger generally maintains the angle relative to the machine direction through the linear path and through at least a portion of the curved path. The angle may, for example, be a right angle.")a driving motor connected to said plurality of motion reels so as to rotate said plurality of motion reels, (Figure 4: Sprocket 164)wherein said transmission line has a pair of transmission belts positioned on said plurality of motion reels, the pair of transmission belts adapted to carry the cornet cone packages so as to transfer the cornet cone packages to the crimping machine by moving linearly with the rotation of said plurality of motion reels;(Figure 3: Belts 150 located on either side) a plurality of packages pushers positioned on the pair of transmission belts, said plurality of packages pushers being offset asymmetrically from a direction of movement of said transmission line, said plurality of package pushers being adapted to the conical shape of the cornet cone packages; (Paragraph 0034: "In this embodiment, a first one of the fingers (i.e., 160) protrudes outwardly, above the surface 180 of the belt 150 at a location between lateral edges 150a, 150b of the belt 150, while a second one of the fingers (i.e., 162) protrudes outwardly, above the surface 180 of the belt 150 at a location outside of and adjacent the lateral edges 150a, 150b of the belt 150. As FIGS. 3 and 4 illustrate, the object 1 10 travels in the machine direction (arrows 1 15) along a travel path in a plane pt of the transporting apparatus 100 defined by the vertical position of the slots 122a, 130a. In this regard, and as best shown in FIG. 4, the finger 160 protrudes upwardly through the plane pt by a first distance di when the finger 160 is traveling along the generally linear path P1 of the apparatus 100. Moreover, when traveling along the generally linear path p1 ; the finger 160 defines an angle α relative to the machine direction (arrows 1 15) and to the plane pt which, in this exemplary embodiment, is about 90Q . It is contemplated that, alternatively, one or both of the fingers 160, 162 may define an angle α relative to the machine direction (arrows 1 15) that is different from the exemplary 90Q of the illustrated embodiment, and still fall within the scope of the present disclosure.")and a top holder plate closed across said transmission line, said top holder plate adapted to prevent the cornet cone packages from being carried off of said transmission line.(Figure 1: Transport module 60 covered).
Regarding Claim 7, Buri teaches the assembly of claim 6, as seen above. Buri further discloses further comprising: a transmission table positioned between said pair of transmission belts, said transmission table adapted to keep the cornet cone packages from dropping downwardly.(Figure 2: Guiding member 130)
Regarding Claim 8, Buri teaches the assembly of claim 6, as seen above. Buri further discloses further comprising: a roller positioned at a lower surface of the pair of transmission belts, said roller adapted to keep the pair of transmission belts from dropping downwardly.(Figure 3: Pins 190, 192)
Regarding Claim 9, Buri teaches the assembly of claim 6, as seen above. Buri further discloses further comprising: an end holder positioned across opposite sides of said transmission line, said end holder adapted to be positioned on ends of the cornet cone packages so as to prevent end portions of the cornet cone packages from folding during movement of the cornet cone packages on said transmission line.(Figure 2: Guiding members 122 and slots 122a)
Regarding Claim 10, Buri teaches the assembly of claim 9, as seen above. Buri further discloses further comprising: a side protection that connects said end holder to opposite sides of said transmission line so as to cover and protect the opposite sides of the transmission line.(Figure 2: Guiding members 122 and slots 122a)
Conclusion
THIS ACTION IS MADE FINAL. 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 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
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