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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-11 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 Chinese Patent Application 203699153U (Kang, Shufeng) to teach a first and second outer rotor type motor as disclosed in Claim 1.
For the foregoing reasons, the claims stand rejected.
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, 3, 4, 7, 8, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang (Chinese Patent Application CN203699153U).
Regarding Claim 1, Kang teaches A conveying device comprising: (Figure 1: Conveying device) a first outer rotor type motor disposed at one end of the conveying device; a second outer rotor type motor disposed at the other end of the conveying device;(Page 2, lines 84-86: "In the present embodiment, each of the traction sheaves 20 includes a common shaft 21 and a plurality of outer rotor motors 22 mounted on the coaxial shaft 21. The outer rotor motor 22 includes a winding stator 221 and an outer rotor 222.")a conveyor unit that receives rotational force from the first outer rotor type motor and the second outer rotor type motor and moves a transfer target inserted into the conveying device in a length direction of the conveying device;(Page 2, lines 113-116: "When the multi-path conveying mechanism of the utility model pulls the product, a plurality of products 50 are respectively placed on the transmission belt 30, and the outer rotor motor 22 of the two traction wheel sets 20 rotates to drive the transmission belt 30 to rotate, and is placed on the transmission belt. Product 50 on 30 is transported as the transfer belt 30 rotates.") and moves a transfer target inserted into the conveying device in a length direction of the conveying device;(Page 2, lines 113-116: "When the multi-path conveying mechanism of the utility model pulls the product, a plurality of products 50 are respectively placed on the transmission belt 30, and the outer rotor motor 22 of the two traction wheel sets 20 rotates to drive the transmission belt 30 to rotate, and is placed on the transmission belt. Product 50 on 30 is transported as the transfer belt 30 rotates.")and a support unit that extends in the length direction of the conveying device and in which the first outer rotor type motor, the second outer rotor type motor and the conveyor unit are mounted,(Figure 1: Fixing frame 10)the conveyor unit including: a first connecting member that surrounds the first outer rotor type motor and is in contact with the first outer rotor type motor to receive the rotational force; a second connecting member that surrounds the second outer rotor type motor and is in contact with the second outer rotor type motor to receive the rotational force; (Figure 2: Outer rotor 222)and a conveyor belt that is disposed to wrap the first connecting member and the second connecting member and moves the transfer target.(Figure 1: Belt 30).
Regarding Claim 3, Kang teaches the conveying device of claim 1, as seen above. Kang further discloses wherein the first outer rotor type motor has an outer surface being in direct contact with an inner surface of the first connecting member, wherein the second outer rotor type motor has an outer surface in direct contact with an inner surface of the second connecting member.(Figure 2: Winding stator 221)
Regarding Claim 4, Kang teaches the conveying device of claim 1, as seen above. Kang 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 conveyor belts 30)
Regarding Claim 7, Kang teaches the conveying device of claim 1, as seen above. Kang further discloses wherein the support unit has a mounting space in which the first outer rotor type motor, the second outer rotor type motor and the conveyor unit are mounted, and the conveying device further comprises a lateral cover that covers the mounting space of the support unit.(Page 3, lines 126-133: "Preferably, the fixing plate 11 is provided with a receiving hole 111 and a threaded end hole 112 disposed along the front and rear direction of the two traction wheel sets. A shaft fixing block 212 that can move back and forth in the receiving hole is received in the receiving hole 111. The coaxial shaft 21 is fixed to the shaft fixing block 212. A threaded length member 60 is threaded into the threaded end hole 112. One end of the thread adjustment length member 60 is fixed to the shaft fixing block 212, and the other end of the thread adjustment length member 60 protrudes from the thread end hole 112. Adjusting the thread adjustment length member 60 can adjust the distance between the two traction wheel sets 20, thereby adjusting the tightness of the transmission belt 30.")
Regarding Claim 8, Kang teaches the conveying device of claim 1, as seen above. Kang 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.(Page 2, lines 113-116: "When the multi-path conveying mechanism of the utility model pulls the product, a plurality of products 50 are respectively placed on the transmission belt 30, and the outer rotor motor 22 of the two traction wheel sets 20 rotates to drive the transmission belt 30 to rotate, and is placed on the transmission belt. Product 50 on 30 is transported as the transfer belt 30 rotates.", wherein the product could easily be a test tube)
Regarding Claim 10, Kang teaches the conveying device of claim 1, as seen above. Kang further discloses further comprising: a processor that controls rotations of the first outer rotor type motor and the second outer rotor type motor to be identical.(Page 3, lines 118-120: "Each of the outer rotor motors 22 of the traction wheel set 20 can be independently operated. The outer rotor speed of each outer rotor motor 22 can be set to different speeds as needed, and the control panel for controlling each outer rotor motor can be disposed on one of the drive wheel sets. side.", wherein the control panel could control them identically)
Regarding Claim 11, Kang teaches the conveying device of claim 1, as seen above. Kang further discloses further comprising: a substrate electrically connected to each of the first outer rotor type motor and the second outer rotor type motor, and wherein the support unit comprises an installation area including, at least in part, a placement groove, wherein the substrate is disposed in the installation area and fitted into the placement groove.(Page 3, lines 118-120: "Each of the outer rotor motors 22 of the traction wheel set 20 can be independently operated. The outer rotor speed of each outer rotor motor 22 can be set to different speeds as needed, and the control panel for controlling each outer rotor motor can be disposed on one of the drive wheel sets. side.", wherein the control panel disposed on the drive wheel set sides acts as a substrate)
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (Chinese Patent Application CN203699153U) in view of Backhaus (United States Patent US20160280465A1).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (Chinese Patent Application CN203699153U) in view of Xu (Chinese Patent Application CN218344408U).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (Chinese Patent Application CN203699153U) in view of Liu (Chinese Patent Application CN211130611U).
Regarding Claim 2, Kang discloses the conveying device of claim 1, as seen above.
However, Kang does not disclose wherein each of the first and second connecting member has a belt groove formed on a surface thereof, and the conveyor belt is disposed in the belt groove.
Backhaus teaches a similar conveying device wherein each of the first and second connecting member has a belt groove formed on a surface thereof, and the conveyor belt is disposed in the belt groove.(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 .")
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 Kang to include the guide areas as taught by Backhaus. The motivation for the modification would have been to allow for a conveyor with high operational reliability to allow for a substantial reduction of effort and expenditure in respect of structural design (Paragraph 0007).
Regarding Claim 5, Kang discloses the conveying device of claim 1, as seen above.
However, Kang 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 Kang 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, Kang discloses the conveying device of claim 1, as seen above.
However, Kang 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 Kang 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).
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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