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 based on an application filed in Korea on 09/19/2023. It is noted, however, that applicant has not filed a certified copy of the KR10-2023-0124988 application as required by 37 CFR 1.55.
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.
Claim 7 is 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.
Claim 7 recites the limitation "the seating space" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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 1-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Backhaus (United States Patent US20160280465A1).
Regarding claim 1, Backhaus teaches A conveying device comprising: a motor of an outer rotor type; (Paragraph 0009: "A particular feature of the invention is that a dedicated drive motor is provided for each transport element. This motor is an external-rotor motor, i.e. a motor with an external rotor, which preferably is formed from the outer motor housing. The drive motor then advantageously forms the offset drive for the transport element, i.e. the offset drive driving the transport element, and the bearings of the motor are simultaneously the bearings of this offset drive.")a conveyor unit that receives rotational force from the motor and moves a transfer target inserted into the conveying device in a length direction of the conveying device;(Figure 2: Motor 6 transporting container 2) and a support unit that extends in the length direction of the conveying device and in which the motor and the conveyor unit are mounted,(Figure 2: Frame 7) the conveyor unit including: a connecting member that surrounds the motor and is in contact with the motor to receive the rotational force; (Paragraph 0040: " In a third conveyor 1 b, shown in FIGS. 9 and 10, has four transport elements 3 are arranged adjacent to each other in a direction perpendicular to the transport direction T. Each transport element has a dedicated drive motor 6 . The drive motors 6 and their motor axles MA, which are oriented perpendicular to the transport direction T, are offset against one another in relation to the transport direction T. Each stator 8 has a passage aperture 12 . The passage aperture 12 holds the drive motor 6 to the support axle 11 in a torsion-resistant manner. Alternatively, the passage aperture 12 holds the drive motor 6 to the retaining structure 14 in a torsion-resistant manner." and Paragraph 0042: "The number of transport elements 3 can also differ from the embodiments described. In the embodiments illustrated this far, the rotors 9 of the drive motors 6 are located outside. It is also possible to make use for the drive of the transport elements 3 of electric motors, and in this situation, in turn, preferably gearless electric motors, i.e. directly driven electric motors, preferably in the form of torque motors, which comprise an interior rotor, and then, on this or on its rotor shaft, a wheel is provided which drives the respective transport element 3 and is provided, for example, with a tooth arrangement 10 . In order in this situation to achieve the required close connection of the transport elements 3 in the axial direction perpendicular to the transport direction T, the drive motors and, respectively, their motor axles oriented perpendicular to the transport direction T, are offset to one another radially to these axles, for example in the manner represented in FIG. 10.")and a conveyor belt that is disposed to wrap the connecting member and moves the transfer target.(Figure 2: Transport element 3).
Regarding Claim 2, Backhaus teaches the conveying device of claim 1, as seen above. Backhaus further discloses wherein the connecting member has a belt groove formed on a surface thereof, and the conveyor belt is disposed in the belt groove of the connecting member.(Paragraph 0029: "Each electric motor has an internal stator 8 and an external rotor 9 . The internal stator 8 connected to a machine frame 7 of the conveyor 1 in a torsion-resistant manner. In those cases where the transport elements 3 are chains, the rotor 9 has a chain tooth arrangement 10 at its circumferential surface, which concentrically surrounds a motor axle MA that is oriented perpendicular to the transport direction T. The drive motors 6 collectively form the conveyor's drive unit. Each rotor 9 forms an offset drive that drives its corresponding transport element 3 .")
Regarding Claim 3, Backhaus teaches the conveying device of claim 1, as seen above. Backhaus further discloses wherein the motor has an outer surface being in direct contact with an inner surface of the connecting member.(Paragraph 0029: "Each electric motor has an internal stator 8 and an external rotor 9 . The internal stator 8 connected to a machine frame 7 of the conveyor 1 in a torsion-resistant manner. In those cases where the transport elements 3 are chains, the rotor 9 has a chain tooth arrangement 10 at its circumferential surface, which concentrically surrounds a motor axle MA that is oriented perpendicular to the transport direction T. The drive motors 6 collectively form the conveyor's drive unit. Each rotor 9 forms an offset drive that drives its corresponding transport element 3 .", Figure 4)
Regarding Claim 4, Backhaus teaches the conveying device of claim 1, as seen above. Backhaus further discloses wherein the conveyor unit includes two conveyor belts, and the two conveyor belts are formed in a same shape and are spaced apart from each other in a width direction of the conveying device.(Figure 1: Plurality of transport elements 3)
Regarding Claim 7, Backhaus teaches the conveying device of claim 1, as seen above. Backhaus further discloses wherein the support unit has a mounting space in which the motor and the conveyor unit are mounted, and the conveying device further comprises a lateral cover that covers the seating space of the support unit.(Figure 3: Frame 7 covers motor 6)
Regarding Claim 8, Backhaus teaches the conveying device of claim 1, as seen above. Backhaus further discloses wherein the transfer target is a test tube that contains a sample, and the conveying device is a test tube conveying device that conveys the test tube.(Paragraph 0011-0012: " “Containers” in the meaning of the invention are, in particular, cans, bottles, tubes, pouches, in each case made of metal, glass, and/or plastic, but also other packing means, in particular also such as are suitable for the filling of powder-form, granulate, fluid, or viscous products. "Packing units” in the meaning of the invention are in particular such containers filled with a product.")
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Backhaus (United States Patent US20160280465A1) in view of Xu (Chinese Patent Application CN218344408U).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Backhaus (United States Patent US20160280465A1) in view of Liu (Chinese Patent Application CN211130611U).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Backhaus (United States Patent US20160280465A1) in view of Cheri (United States Patent US 6,189,758B1).
Regarding Claim 5, Backhaus discloses the conveying device of claim 1, as seen above.
However, Backhaus does not disclose wherein the support unit includes: a first guide area located on one side of the conveyor unit; and a second guide area located on other side of the conveyor unit, and wherein a gap between the first guide area and the second guide area is formed to increase as getting farther away from the conveyor belt in a height direction of the conveying device.
Xu teaches a similar conveying device wherein the support unit includes: a first guide area located on one side of the conveyor unit; and a second guide area located on other side of the conveyor unit, and wherein a gap between the first guide area and the second guide area is formed to increase as getting farther away from the conveyor belt in a height direction of the conveying device.(Figures 11 and 12: First frame body 11 and second frame body 12 create inclined gaps)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Backhaus to include the guide areas as taught by Xu. The motivation for the modification would have been to allow for a sample tube delivery device which maintains a position of the tube and the rotation of the belt so the tube can be reliably transported (Page 1, lines 40-59).
Regarding Claim 6, Backhaus discloses the conveying device of claim 1, as seen above.
However, Backhaus does not disclose further comprising: an upper cover disposed in one direction of the support unit and preventing the transfer target from being separated outside the conveying device.
Liu teaches a similar conveying device further comprising: an upper cover disposed in one direction of the support unit and preventing the transfer target from being separated outside the conveying device.(Figure 1: Cover 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Backhaus to include the upper cover as taught by Liu. The motivation for the modification would have been to allow for a compact and smaller installation space of the track by enclosing the components within a cover (Page 1, lines 1-24 and Page 3, lines 133-138).
Regarding Claim 9, Backhaus discloses the conveying device of claim 1, as seen above.
However, Backhaus does not disclose wherein the motor includes: a first motor disposed at one end of the conveying device; and a second motor disposed at other end of the conveying device, and wherein the connecting member includes: a first connecting member disposed at the one end of the conveying device, in which the first motor is disposed; and a second connecting member disposed at the other end of the conveying device, in which the second motor is disposed.
Cheri teaches a similar conveying device wherein the motor includes: a first motor disposed at one end of the conveying device; and a second motor disposed at other end of the conveying device, and wherein the connecting member includes: a first connecting member disposed at the one end of the conveying device, in which the first motor is disposed; and a second connecting member disposed at the other end of the conveying device, in which the second motor is disposed.(Columns 2-3, lines 51-2: "In FIG. 1, one can see that each track belt 11 and 12 is an endless belt of which the material, surface properties and physical parameters such as hardness or superficial adherence can be adapted to the object 2 to transport. Each track belt 11 and 12 passes between a first drawing roller 111 or 121, each drawn by its motorized means 110 or 120, and a return idler 112 or 122 in free rotation. Between these two rollers 111 and 112, one has preferentially a number of carrying rollers 113, in free rotation, forming carrying. Likewise, carrying rollers 123 are provided between rollers 121 and 122. These carrying rollers prevent a deformation of the track belts 11 and 12 during their contact with the object 2 to transport. In the shown example, the drawing rollers 111 and 121 are placed at opposite extremities of the two track belts 11 and 12 only for reasons of space requirement of the motorized means 110 and 120. Any other disposition of the motorized means is also possible, and it is also possible to have only one motorized means 110 or 120 drawing one of the two track belts 11 or 12.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Backhaus to include the first and second motor as taught by Cheri. The motivation for the modification would have been to allow for a driving device for advancing an elongated element with means for quick replacement of the track belts (Column 2, lines 7-10).
Regarding Claim 10, Backhaus in view of Cheri discloses the conveying device of claim 9, as seen above. Cheri further discloses further comprising: a processor that controls rotations of the first motor and the second motor to be identical.(Columns 2-3, lines 51-2: "In FIG. 1, one can see that each track belt 11 and 12 is an endless belt of which the material, surface properties and physical parameters such as hardness or superficial adherence can be adapted to the object 2 to transport. Each track belt 11 and 12 passes between a first drawing roller 111 or 121, each drawn by its motorized means 110 or 120, and a return idler 112 or 122 in free rotation. Between these two rollers 111 and 112, one has preferentially a number of carrying rollers 113, in free rotation, forming carrying. Likewise, carrying rollers 123 are provided between rollers 121 and 122. These carrying rollers prevent a deformation of the track belts 11 and 12 during their contact with the object 2 to transport. In the shown example, the drawing rollers 111 and 121 are placed at opposite extremities of the two track belts 11 and 12 only for reasons of space requirement of the motorized means 110 and 120. Any other disposition of the motorized means is also possible, and it is also possible to have only one motorized means 110 or 120 drawing one of the two track belts 11 or 12.").
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chinese Patent Application CN 111071586A (Dong, Ming): Dong teaches a similar conveying unit comprising a guide inclined surface, a conveyor belt and a motor as seen in Figure 6.
International Patent Application WO 2024/083125 A1 (He, Chunjian): He teaches a similar conveying device comprising main frame, driven wheels, driving mechanism, wheel supports and motor as seen in Figure 5.
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