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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102022205973.5, filed on 06/13/2022.
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the trajectory curve (claims 5, 6), the electrical voltage generator, the magnet, the coil, the electrical line, the transmitter, and the data line (all in claim 15) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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 § 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 1-15 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. Any claims not directly addressed are only rejected under 35 U.S.C. § 112(b) for being dependent on a rejected base claim.
Regarding claim 1, it is unclear how the drive connects to and cooperates with the container, it is unclear how a cutting edge connects to and cooperates with the container, and it is unclear how the feed chute connects to and cooperates with the container. Note that when a diagram of the claimed structural features are drawn out on paper, the result is a container, a cutting edge, a drive and feed chute each of which is merely floating in space.
Regarding claim 5, the claim recites the limitation "the driver" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 6, it is unclear whether the trajectory curve is intended to be a positively claimed structural feature of the apparatus since claim 5 recites “wherein the drive[r] is configured to drive the container in a reciprocating movement which is linear or is along a trajectory curve.”
Regarding claims 6 and 7, it is unclear what structural feature “apex” is referring to.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejections under U.S.C. 112(b) set forth in this Office Action.
The following is a statement of reasons for the indication of allowable subject matter:
Brown et al. (US 20060014996 A1) is the prior art closest to the subject matter of the independent claim and discloses:
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An apparatus for comminuting solids into pieces, [Abstract] comprising: a container, (970)(fig. 22) cutting edges (250)(figs. 5 and 7) (the cutting edges are arranged in the region of the inlet opening 210 as seen in figs. 5 and 7) and an inlet opening (210) arranged on a first terminal cross- sectional opening (CSO)(modified fig. 22 above) of the container, (The blade of fig. 7 is representative of the blade 965 of the arrangement as embodied in figs. 21 and 22.) a feed chute (960) comprising an outlet opening (965O)(modified figs. 21 and 22 above) arranged in a region of the first cross-sectional opening (CSO)(modified figs. 21 and 22 above) and an opposite inlet opening (937I)(modified figs. 21 and 22 above) [para. 0037] (The drop shaft opening is the opposite inlet) spaced from the outlet opening. (modified figs. 21 and 22 above)
Brown fails to disclose: A drive configured to drive the container to a reciprocating movement parallel to or at an angle to a plane in which the first cross-sectional opening extends.
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Lefevre et al. (US 5340039) teaches: An apparatus for comminuting solids into pieces, (fig. 1) [Abstract] comprising: a container, (C)(modified fig. 1 above) a cutting edge (62) and an inlet opening (IO) arranged on a first terminal cross- sectional opening (CSO)(modified fig. 1 above) of the container, a drive (32) configured to drive the cutting edge (rather than a container) to a reciprocating movement parallel to or at an angle to a plane in which the first cross- sectional opening extends, a feed chute (26) comprising an outlet opening (the outet opening is in the same area denoted IO in modified fig. 1 above) arranged in a region of the first cross-sectional opening and an opposite inlet opening (CIO) spaced from the outlet opening.
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Wu et al. (CN 112223353 A) teaches: An apparatus for comminuting solids into pieces, (fig. 1) [Abstract] comprising: a container, (45) a cutting edge (CE)(modified fig. 1 above) and an inlet opening (IO) arranged on a first terminal cross- sectional opening (CSO)(modified fig. 1 above) of the container, a drive configured to drive the cutting edge (rather than a container) to a reciprocating movement parallel to or at an angle to a plane in which the first cross- sectional opening extends, a feed chute (26) comprising an outlet opening (the outet opening is in the same area denoted IO in modified fig. 1 above) arranged in a region of the first cross-sectional opening and an opposite inlet opening (CIO) spaced from the outlet opening.
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Homma et al. (EP 0174407 A1) teaches: An apparatus for comminuting solids into pieces, (fig. 1) comprising:
a container, (4)
a cutting edge (8) and an inlet opening (8a)(modified fig. 1 above) arranged on a first terminal cross- sectional opening (CSO)(modified fig. 2 above) of the container,
a drive (5, 6, 7) [Abstract] configured to drive the container to a rotating movement,
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Hukelmann et al. (DE 102014201819 B4) teaches: An apparatus, [para. 0002] comprising: a container, (C)(modified fig. 3 above) an inlet opening (IO)(modified fig. 3 above) arranged on a first terminal cross- section of the container, (CSO)(modified fig. 3 above) and a drive (M) configured to drive the container to a reciprocating movement parallel to or at an angle to a plane in which the first cross- sectional opening extends. (fig. 3) [para. 0034] The examiner notes that although Hukelmann teaches a tumbling apparatus, [para. 0002] the apparatus is not directed towards comminuting but rather towards unifying or joining material, specifically pieces of meat, into one cohesive element as described in the specification of Hukelmann.
Zhou et al. (CN 114589753 A) teaches: An apparatus for comminuting solids into pieces, [Abstract] comprising: a container, (101)(fig. 4) a cutting edge (1022)(fig. 3) and an inlet opening (fig. 3)(The inlet opening is the area between the cutting edge knives) arranged on a first terminal cross- sectional opening (1011, fig. 4)(The first terminal cross- sectional opening is the arranged at the bottom of the container where 1011 points to.) of the container, a drive (4272) configured to drive the cutting edge (rather than a container) to a reciprocating movement parallel to or at an angle to a plane in which the first cross- sectional opening extends.
Zhou does not teach a drive configured to drive the container to a reciprocating movement parallel to or at an angle to a plane in which the first cross-sectional opening extends, or a feed chute.
None of the other cited prior art references make up for the shortfalls of Brown, Wu, Lefevre, Homma, Hukelmann, or Zhou, whether taken alone or in some combination. Indeed, the independent claim presents a combination of features that were neither anticipated by or obvious in view of the prior art available before the effective filing date of the claimed invention. Consequently, the claims are deemed to be allowable over the prior art.
Conclusion
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/J.S.I./Examiner, Art Unit 3725
/JARED O BROWN/Primary Examiner, Art Unit 3725 30 September 2026
