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 .
The specification, abstract, drawings and claims of September 19, 2024 are under examination.
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 5-7, 15-19 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “trunnion” in claim 5 is used by the claim to mean “flange,” while the accepted meaning is “either of the two cylindrical projections on a cannon, one on each side, for supporting the cannon on its carriage” or “any of various similar supports for machinery.” The term is indefinite because the specification does not clearly redefine the term.
Claims 6, 15, 16, 18 and 19 also use the term “trunnion” that is not inline with the terms accepted meaning.
Claim 16 lacks antecedent basis for “the pair of spaced-apart trunnions” and is considered indefinite because the relation of the trunnions to the rest of the claim structure is unclear. The claim should be amended to be dependent upon claim 15.
Claims 6 and 7, 17 and 19 are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swinderman et al. (USPN 4898272) in view of Mott (USPN 5988360).
Regarding Claim(s) 1, Swinderman et al. (USPN 4898272) teaches an apparatus for supporting a conveyor belt, comprising: a base member (strut 22) configured to be mounted adjacent to a lateral side of the conveyor belt (the strut is mounted at lateral sides of the belt by plates 24 to stringers 20); at least one support arm assembly (post 26) having proximal and distal end portions, with the proximal end portion being connected to the base member (there is an end portion connected to the base); a slider bar mounting member (holder 48) operably connected to the distal end portion of the at least one support arm assembly; a slider bar (28) operably mounted to the slider bar mounting member, wherein the slider bar comprises a belt support surface (wear surface 32) for slidingly supporting the conveyor belt as the conveyor belt travels in a longitudinal belt travel direction along the slider bar; and a plurality of different modes of adjustment of the slider bar, which includes movement of the slider bar in an arcuate path relative to the base member. The slider bar is pivotable about aperture (74). The slider bar is also capable of translational shifting through tubes (80,82). Swinderman et al. fails to teach the plurality of different modes of adjustment include translational shifting of the slider bar in an oblique direction that extends obliquely relative to a vertical direction and a lateral direction, wherein the lateral direction is perpendicular to the longitudinal belt travel direction. The translational shifting of Swinderman et al. appears to be in a vertical direction. Mott (USPN 5988360) teaches translational shifting of a slider bar (4) in an oblique direction (direction of slots 5 in Figures 1 and 2) that extends obliquely relative to a vertical direction and a lateral direction, wherein the lateral direction is perpendicular to the longitudinal belt travel direction (the longitudinal direction of the belt travel is perpendicular to the plane of the page in Figure 1). The longitudinal direction of the slots is oblique to the vertical direction and the lateral direction. The slider bars are movable along the direction of the slots [Col. 2:63-65] in order to change the angle at which the slider bars support the marginal portions of the belt [Col. 3:31-34]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Swinderman et al. such that the plurality of different modes of adjustment include translational shifting of the slider bar in an oblique direction that extends obliquely relative to a vertical direction and a lateral direction, wherein the lateral direction is perpendicular to the longitudinal belt travel direction as taught by Mott in order to change the angle at which the slider bars support the belt.
Regarding Claim(s) 2, Swinderman et al. teaches a pair of support arm assemblies that are operably connected to the base member at opposite ends thereof (Figure 1 shows a pair of assemblies).
Regarding Claim(s) 3, Swinderman et al. teaches the base member is configured to be mounted to a surface having one of a plurality of different orientations, wherein the plurality of different orientations include a horizontal orientation, a vertical orientation, and at least one orientation other than horizontal and vertical, wherein the plurality of different modes of adjustment allow the belt support surface to be oriented to slidingly support the conveyor belt with the base member mounted to the surface having any of the plurality of different orientations. The strut (22) is mounted to a horizontal surface of the stringer (20).
Regarding Claim(s) 8, Swinderman et al. teaches the slider bar mounting member is operably connected to the distal end portion of the at least one support arm assembly via a rotatable pivot connection (carriage bolt 68 received through nut 50, aperture 66 of the holder 48 and apertures 74 in post 26) to allow the slider bar mounting member, the slider bar and the belt support surface thereof to be rotated with respect to the at least one support arm assembly.
Regarding Claim(s) 9, Swinderman et al. teaches the limitations described above, yet fails to teach the slider bar mounting member comprises an elongate upper mounting surface to which the slider bar is mounted, wherein the slider bar comprises a pair of t-shaped channels each configured for receiving a corresponding portion of a fastener extending from the elongate upper mounting surface of the slider bar mounting member. Mott teaches a slider bar mounting member (support 3) comprises an elongate upper mounting surface (surface of flange 9) to which the slider bar is mounted, wherein the slider bar comprises a pair of t-shaped channels (T-slots 28) each configured for receiving a corresponding portion of a fastener (bolt 25) extending from the elongate upper mounting surface of the slider bar mounting member (see Figure 3). This arrangement ensures nothing in the slider bar may damage the belt as the bar wears down [Col. 3:50-55]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Swinderman et al. such that the slider bar mounting member comprises an elongate upper mounting surface to which the slider bar is mounted, wherein the slider bar comprises a pair of t-shaped channels each configured for receiving a corresponding portion of a fastener extending from the elongate upper mounting surface of the slider bar mounting member as taught by Mott. This would prevent damage to the belt by the slider bar.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swinderman et al. in view of Mott as applied to claim 1 above, and further in view of Balcar (USPN 9027744).
Regarding Claim(s) 4, Swinderman et al. teaches the limitations described above, yet fails to teach the at least one support arm assembly is operably connected to the base member via a rotatable pivot connection to allow the at least one support arm assembly to be rotated with respect to the base member. Balcar (USPN 9027744) teaches a support arm (31) operably connected to a base member (top 39 of frame 17) via a rotatable pivot connection (reference character 34 in Figure 1, also [Col. 3:39, “pivoting carriage support arm 31”]) to allow the at least one support arm to be rotated with respect to the base member. This allows rotational and translational movement of belt covering skirt (30) to accommodate movement of the conveyor belt. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Swinderman et al. such that the at least one support arm assembly is operably connected to the base member via a rotatable pivot connection to allow the at least one support arm assembly to be rotated with respect to the base member in order to allow rotational and translational shifting of the slider bars.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swinderman et al. in view of Mott and Balcar as applied to claim 4 above, and further in view of Patience et al. (USPN 2409513).
Regarding Claim(s) 5 (as best understood), Swinderman et al. teaches the limitations described above, yet fails to teach the rotatable pivot connection comprises a pair of spaced-apart trunnions extending outwardly from the base member and an elongate pivot member operably connected to the proximal end portion of the at least one support arm assembly about which the at least one support arm assembly is rotatable, wherein the proximal end portion of the at least one support arm assembly is positioned between the spaced-apart trunnions with the pivot member operably connected to each of the trunnions. Balcar teaches the pivot connection (as described above), but fails to teach the particular structure of the pivot connection. Patience et al. (USPN 2409513) teaches a rotatable pivot connection comprising a pair of spaced-apart trunnions (legs 42) extending outwardly from a base member (plate 43) and an elongate pivot member (pin 41) operably connected to the end portion (plates 37) of an arm assembly (I-beam arm 13) about which the arm assembly is rotatable, wherein the end portion of the arm assembly is positioned between the spaced-apart trunnions with the pivot member operably connected to each of the trunnions. Figure 3, 7 and 8 show the connection that allows the beam (13) to rotate about the axis of pin (41). This type of connection of providing an elongate member (e.g., pin, bolt, etc.…) between a pair of legs or flanges to produce a pivoting connection is old and well-known in the art. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a pair of spaced-apart trunnions extending outwardly from the base member and an elongate pivot member operably connected to the proximal end portion of the at least one support arm assembly about which the at least one support arm assembly is rotatable, wherein the proximal end portion of the at least one support arm assembly is positioned between the spaced-apart trunnions with the pivot member operably connected to each of the trunnions in order to provide a pivot connection as taught by Patience et al. since the elements were known in the art and one of ordinary skill, using known methods, could have combined the elements and achieved predictable results.
Claim(s) 12, 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swinderman et al. in view of Balcar and Ostman (USPN 7527144).
Regarding Claim(s) 12, Swinderman et al. teaches an apparatus for supporting a conveyor belt traveling in a longitudinal belt travel direction, the apparatus comprising: an elongate base member (strut 22); a pair of spaced apart support arms (posts 26, multiple shown) each having a proximal end portion and a distal end portion, with the proximal end portions connected to the elongate base member (the posts are shown connected to the struts 22); an elongate slider bar mounting member (holder 48) operably connected to the distal end portions of the support arms via a rotatable pivot connection (bolt 68 extending through nut 50, aperture 66 and aperture 74) to allow the slider bar mounting member to rotate relative to the support arms; and an elongate slider bar (28) operably mounted to an elongate upper mounting surface of the slider bar mounting member, wherein the elongate slider bar comprises a belt support surface (wear surface 32) for slidingly supporting the conveyor belt as the conveyor belt travels along the slider bar, the elongate slider bar being adjustable to different lateral and vertical positions for supporting a side edge portion of the conveyor belt via the rotatable pivot connection. The holder can be rotated relative to the post to different lateral positions and rotation of the nut moves the holder to different vertical positions. Swinderman et al. fails to teach the proximal end portions are connected to the elongate base member via a pair of first rotatable pivot connections to allow the support arms to rotate relative to the elongate base member; the elongate slider bar mounting member is operably connected to the distal end portions of the support arms via a pair of second rotatable pivot connections to allow the slider bar mounting member to rotate relative to the support arms; and the elongate slider bar being adjustable to different lateral and vertical positions for supporting a side edge portion of the conveyor belt via the first and second rotatable pivot connections. Balcar (USPN 9027744) teaches a support arm (31) having a proximal end portion connected to a base member (top 39 of frame 17) via a first rotatable pivot connection (reference character 34 in Figure 1, also [Col. 3:39, “pivoting carriage support arm 31”]) to allow the at least one support arm to be rotated with respect to the base member. The support arm is further connected to a belt covering skirt (30) via a second rotatable pivot connection (reference character 34 in Figure 1, also [Col. 3:39, “pivoting carriage support arm 31”]) to allow the support arm to rotate relative to the skirt. This allows rotational and translational movement of belt covering skirt (30) to accommodate movement of the conveyor belt. Ostman (USPN 7527144) teaches an elongate slider bar mounting member (saddle segment 32) connected to the distal end portions of a pair of support arms (20, 24) by a pair of rotatable pivot connections (bolts 38). Ostman further teaches a pair of first rotatable pivot connections (adjustment devices 25, plate 27, bolts 26, 28) connecting the proximal end of the support arms to channel members (12, 14, 16, 18). An elongate slider bar (44) is mounted to the elongate upper mounting surface of the slider bar mounting members. The elongate slider bar is adjustable to different lateral and vertical positions via the first and second rotatable pivot connections. Adjustment of the plates within the adjustment device produces lateral and vertical adjustment of the slider bar. Ostman discloses this allows the slider bar can be adjusted to different angles to conform to the belt [Col. 3:17-27]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Swinderman et al. such that the proximal end portions are connected to the elongate base member via a pair of first rotatable pivot connections to allow the support arms to rotate relative to the elongate base member; the elongate slider bar mounting member is operably connected to the distal end portions of the support arms via a pair of second rotatable pivot connections to allow the slider bar mounting member to rotate relative to the support arms; and the elongate slider bar being adjustable to different lateral and vertical positions for supporting a side edge portion of the conveyor belt via the first and second rotatable pivot connections. The slider bar adjustment allows the slider bar to conform to the belt at varying angles.
Regarding Claim(s) 13, Swinderman et al. teaches each of the support arms comprises an upper support arm member (82) adjustably received inside of a lower support arm member (80) in a telescoping manner.
Regarding Claim(s) 20, Swinderman et al. teaches the elongate base member is configured to be mounted to a surface having one of a plurality of different orientations, wherein the plurality of different orientations include a horizontal orientation, a vertical orientation, and at least one orientation other than horizontal and vertical, wherein the support arms allow the belt support surface to be oriented to slidingly support the conveyor belt with the elongate base member mounted to the surface having any of the plurality of different orientations. The strut (22) is mounted to a horizontal surface of the stringer (20) by plate (24). Swinderman et al. fails to teach the pairs of first and second rotatable pivot connections allow the belt support surface to be oriented to slidingly support the conveyor belt. Balcar and Ostman disclose support arms and first and second pivot connections to allow the belt support surface to be oriented to slidingly support the conveyor belt (as described above). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Swinderman et al. such that the pairs of first and second rotatable pivot connections allow the belt support surface to be oriented to slidingly support the conveyor belt to allow the slider bar to conform to the belt.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swinderman et al. in view of Balcar and Ostman as applied to claim 12 above, and further in view of Patience et al.
Regarding Claim(s) 15, Swinderman et al. teaches the limitations described above, yet fails to teach each of the first rotatable pivot connections comprises a pair of spaced-apart trunnions extending outwardly from a main body of the base member and an elongate pivot member operably connected to the proximal end portion of one of the support arms and the corresponding spaced-apart trunnions to allow the support arms to rotate about the corresponding pivot members. Balcar teaches the pivot connection (as described above), but fails to teach the particular structure of the pivot connection. Patience et al. (USPN 2409513) teaches a rotatable pivot connection comprising a pair of spaced-apart trunnions (legs 42) extending outwardly from a base member (plate 43) and an elongate pivot member (pin 41) operably connected to the end portion (plates 37) of an arm (I-beam arm 13) and the corresponding space-apart trunnions allow the arm to rotate about the pivot member. Figure 3, 7 and 8 show the connection that allows the beam (13) to rotate about the axis of pin (41). This type of connection of providing an elongate member (e.g., pin, bolt, etc.…) between a pair of legs or flanges to produce a pivoting connection is old and well-known in the art. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a pair of spaced-apart trunnions extending outwardly from a main body of the base member and an elongate pivot member operably connected to the proximal end portion of one of the support arms and the corresponding space-apart trunnions to allow the support arms to rotate about the corresponding pivot members in order to provide a pivot connection as taught by Patience et al. since the elements were known in the art and one of ordinary skill, using known methods, could have combined the elements and achieved predictable results.
Allowable Subject Matter
Claims 6-7, 16-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 10, 11, 14 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. USPN 3942626, USPN 4280619, USPN 6454083, USPN 9296564, US 20210130103 A1 each discloses an adjustable slider bar.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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/WILLIAM R HARP/Primary Examiner, Art Unit 3653