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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “engagement portions” in claims 1 (and its dependent claims). The corresponding structure is present in the depictions of Fig 7-8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Drawings
Figure 9 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). It is described as “an existing sludge treatment device”.
Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitamura (US 20200246725 A1).
Regarding claim 1, Kitamura teaches a sludge treatment device, comprising:
a pair of wheels that include driving wheels (Fig 1, wheels 4a/4b), and are disposed vertically (see Fig 1);
an endless power transmission member that is wound around the pair of wheels, and extends between the pair of wheels in upper and lower lines (Abstract, chain formed as L1/L2);
a carriage that is disposed so as to be movable forward between the pair of wheels (Fig 1, 4, carriage 6), and includes a raising and lowering scraper configured to draw sludge (Figs 1 and 4, scraper 8) and a carriage wheel placed on a rail (Para 0030, Fig 4, wheels 6a on rail 3);
a pulling portion that is provided at a part of the power transmission member (Fig 2, Para 0028, 5a); and
first to fourth engagement portions that are provided at the carriage (Fig 1, portions 7a to 7d), and have a shape in which the pulling portion moving rotationally along the power transmission member is engageable and disengageable with respect to the first to fourth engagement portions (Fig 1, Abstract, Claim 1), wherein the pair of wheels are disposed so as to be offset upward with respect to the power transmission member extending between the pair of wheels (Fig 1, at least portions are upward of portion L2 of the chain),
the first engagement portion is provided closer to one wheel of the pair of wheels and at an upper portion in the carriage (Fig 1, portion 7a closer to wheel 4a), and is configured to be engaged with the pulling portion that is displaced in the upper line of the power transmission member upon rotation of one of the driving wheels (Fig 1, portion 7a), thereby pulling the carriage toward the one wheel, where engagement of the first engagement portion with the pulling portion is released upon rising of the pulling portion with respect to the first engagement portion near the one wheel (Fig 1, Abstract, Claim 1, Para 0032),
the second engagement portion is provided closer to another wheel of the pair of wheels and at a lower portion in the carriage (Fig 1, portion 7b closer to another wheel 4b), and is configured to be engaged with the pulling portion that is displaced in the lower line of the power transmission member upon rotation of the one of the driving wheels (Fig 1, portion 7b), thereby pulling the carriage toward the another wheel, where engagement of the second engagement portion with the pulling portion is released upon rising of the pulling portion with respect to the second engagement portion near the another wheel (Fig 1, Abstract, Claim 1, Para 0032),
the third engagement portion is provided closer to the another wheel of the pair of wheels and at an upper portion in the carriage (Fig 1, portion 7c), and is configured to be engaged with the pulling portion that is displaced in the upper line of the power transmission member upon rotation of another of the driving wheels (Fig 1, portion 7c), thereby pulling the carriage toward the another wheel, where engagement of the third engagement portion with the pulling portion is released upon rising of the pulling portion with respect to the third engagement portion near the another wheel (Fig 1, Abstract, Claim 1, Para 0032), and
the fourth engagement portion is provided closer to the one wheel of the pair of wheels and at a lower portion in the carriage (Fig 1, portion 7d), and is configured to be engaged with the pulling portion that is displaced in the lower line of the power transmission member upon rotation of the another of the driving wheels (Fig 1, portion 7d), thereby pulling the carriage toward the one wheel, where engagement of the fourth engagement portion with the pulling portion is released upon rising of the pulling portion with respect to the fourth engagement portion near the one wheel (Fig 1, Abstract, Claim 1, Para 0032).
Regarding claim 3, Kitamura teaches a first movable guide member that is fixed to the carriage, and configured to guide the power transmission member such that the upper line of the power transmission member is horizontal (Fig 5, upper void between 7a-7c); and a second movable guide member that is fixed to the carriage at a position lower than the first movable guide member, and is configured to guide the power transmission member such that the lower line of the power transmission member is horizontal (Fig 5, upper void between 7b-7d), wherein the first and third engagement portions are provided in the first movable guide member, and the second and fourth engagement portions are provided in the second movable guide member (Fig 5, see definition of the guide members).
Allowable Subject Matter
Claims 2, 4-8 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676
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