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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “50” and “52” have been used to designate the receptacle for the outer adjustment portion and the outer side of the adjustment part in figure 5 while they appear to designate the guide element and key in figure 6. It appears that the reference numerals “50” and “52” in figure 6 should be replaced with reverence numerals “60” and “62”.
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 height adjustment apparatus of claim 18 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 § 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.
Claims 1-8, 13, 17, and 19-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Doherty (US 9,670,001).
In regard to claim 1, Doherty shows an apparatus that guiding containers conveyed by a star wheel in a star wheel conveyor (see column 1, lines 20-50). The apparatus includes a plurality of adjustment parts 21/22/24 spaced apart from one another in a circumferential direction relative to a central axis of rotation of the star wheel conveyor. Each adjustment part of the plurality of adjustment parts is displaceable in a radial direction relative to the central axis of rotation of the star wheel conveyor. The apparatus also includes a control segment 32 displaceable in the circumferential direction relative to the central axis of rotation of the star wheel conveyor (see the movement of the control segment 32 between figures 5 and 6, with the curved slots 36 in the control segment moving around posts 34). The control segment 32 is coupled to the plurality of adjustment parts via pins 27 extending through slots 26 in the adjustment parts 21/22/24 (see column 9, lines 1-20) such that a displacement of the control segment 32 in the circumferential direction relative to the central axis of rotation of the star wheel conveyor causes a displacement of the plurality of adjustment parts 21/22/24 in the radial direction relative to the central axis of rotation of the star wheel conveyor. Guide rail segments 23 are each arranged at a radially inner end of each of the plurality of adjustment parts 21/22/24. The guide rail segments 23 together form a segmented guide rail 17configured to provide an outer guide track that enables the containers to be conveyed.
In regard to claim 2, the guide rail segments 3 overlap in the circumferential direction relative to the central axis of rotation of the star wheel conveyor (see figure 6).
In regard to claim 3, when the plurality of adjustment parts 21/22/24 are displaced, the segmented guide rail 17 is movable relative to the central axis of rotation of the star wheel conveyor between a given radially inner position (figure 6) and a given radially outer position (figure 5).
In regard to claim 4, in the given radially inner position, the segmented guide rail is disposable substantially on an inner radius with respect to the central axis of rotation of the star wheel conveyor and in the given radially outer position, the segmented guide rail is disposable substantially on an outer radius that is greater than the inner radius (see figure 5 vs figure 6).
In regard to claim 5, the guide rail segments 23 comprise a given curvature on their radially inner side. A curvature radius on the radially inner side corresponds to a second radius of the given radially outer position (see the curvature of the segments 23 forming the radius of the radially outer position).
In regard to claim 6, the guide rail segments 23 are arranged on their associated adjustment part 21/22/24 in a rotationally fixed manner about an axis defined by the radial direction relative to the central axis of rotation of the star wheel conveyor and in a non-displaceable manner at least in the circumferential direction relative to the central axis of rotation of the star wheel conveyor (see figure 9 showing segments 23 fixed to the portion 24 of the adjustment parts with no relative motion allowed).
In regard to claim 7, the guide rail segments 23 are displaceable relative to one another in the circumferential direction relative to the central axis of rotation of the star wheel conveyor (see figures 7 and 8 showing changed relative positions of the segments 23). When the plurality of adjustment parts are displaced in the radial direction relative to the central axis of rotation of the star wheel conveyor, the guide rail segments are displaced relative to one another in a direction parallel to the circumferential direction relative to the central axis of rotation of the star wheel conveyor.
In regard to claim 8, two guide rail segments 23 of the guide rail segments adjacent in the circumferential direction relative to the central axis of rotation of the star wheel conveyor are coupled to one another to be displaceable in the circumferential direction relative to the central axis of rotation of the star wheel conveyor (see the pins P in upper rail segments 23 extending through slots S in lower rail segments 23 in the annotated figure below).
In regard to claim 13, the plurality of adjustment parts 21/22/24 are mounted on a base body 14 so as to be displaceable in the radial direction relative to the central axis of rotation of the star wheel conveyor, but cannot rotate about an axis defined by the radial direction relative to the central axis of rotation of the star wheel conveyor (see figure 10). Additionally, the control segment 32 is mounted on the base body so as to be displaceable in the circumferential direction relative to the central axis of rotation of the star wheel conveyor (see the shifting positions of the control segment 32 between figure 5 and figure 7).
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In regard to claim 17, the apparatus also includes an actuating unit 40/42/46/48 configured to adjust a position of the control segment relative to the plurality of adjustment parts (see figure 11). The actuating unit 40/42/46/48 and the control segment 32 are engaged via a toothing formed by the threads on rod 40 and the corresponding threads on within block 48. The actuating unit comprises a manually operated drive formed by handle 42.
In regard to claims 19-20, it is noted that while Doherty does not show a conveyor wheel part rotatable about a central axis of rotation of the star wheel conveyor and comprising a plurality of pockets directed outwards with respect to the central axis of rotation of the star wheel conveyor, the plurality of pockets configured to at least partially receive a container to be conveyed, the background of the invention makes it clear that the guide apparatus of Doherty is placed around such an apparatus. Additionally, it should be noted that the guide apparatus described above may be divided into a first/upstream apparatus A1 defined by half of the adjustment parts 21/22/24, half of the control segment 32, and half of the guide rail segments 23 and s second/downstream apparatus A2 defined by the other half of the adjustment parts 21/22/24, half of the control segment 32, and half of the guide rail segments 23 (see the annotated figure below).
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When the guide apparatus of Doherty is divided into first and second guide apparatuses A1/A2 in this fashion, it may be viewed as having first and second pluralities of adjustment parts 21/22/24, first and second control segments 32, and first and second guide rail segments. The first and second guide apparatuses A1/A2 are arranged next to one another in the circumferential direction relative to the central axis of rotation of the star wheel conveyor, the first control segment and the second control segment are integrally coupled to one another, and one or more of the first guide rail segments 32 and the second guide rail segments 23 are coupled to one another. As such, Doherty shows all the structure required by claims 19-20.
Allowable Subject Matter
Claims 9-12, 14-16, and 18 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A DEUBLE whose telephone number is (571)272-6912. The examiner can normally be reached Monday-Friday flex schedule.
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, 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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/MARK A DEUBLE/Primary Examiner, Art Unit 3651