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 .
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)(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, 3-10 and 13-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DE 102011116086 to SSI SCHAEFER PEEM GMBH, hereinafter referred to as “Peem”.
With respect to claim 1, Peem discloses an overhead conveyor apparatus comprising:
a conveying rail (see numeral 12 in Fig. 8 and para. [0069]) defining a conveying direction;
a plurality of overhead adapters (see numeral 14, Fig. 1 and para. [0070); and see numeral 36 in Fig. 2, and see para. [0079]) movable via the conveyor rail in the conveying direction,
a stopping member (see numerals 96, 98 in Fig. 8 and para. [0104]) arranged on the conveying rail for stopping at least one overhead adapter of the plurality of overhead adapters; and
a holding unit (see numeral 26d in Fig. 8 and para. [0101]) arranged upstream of the stopping member for holding at least one overhead adapter of the plurality of overhead adapters (see holding unit 26 also in Fig. 3a).
With respect to claim 3, Peem teaches wherein the holding unit has a first holding member and a second holding member movable with respect to the first holding member (see numerals 46 and 58 in Fig. 3b and paras. [0085], [0087], respectively.
With respect to claim 4, Peem teaches wherein the first holding member and/or the second holding member includes a holding material (this is implicit; the element holds and thus comprises a holding material),
With respect to claim 5, Peem teaches wherein the holding unit has at least one switchable actuating member coupled to the second holding member (see 54c, 54d, and 60 respectively in Fig. 3a and para. [0086]).
With respect to claim 6, Peem teaches wherein the second holding member is coupled to a displacement member (see numerals 56, 54c, in Fig. 3a and para. [0086]).
With respect to claim 7, Peem teaches wherein the displacement member is coupled directly to at least one switchable actuating member (this is implicit, and moreover a standard choice well known to those having ordinary skill in the art.
With respect to claim 8, Peem teaches wherein the holding unit includes a longitudinal extension along the conveying direction of at least 0.3 m in length (see numeral 46 in Fig. 3b and para. [0086]).
With respect to claim 9, Peem teaches wherein the first and second holding members each have a longitudinal extension along the conveying direction of at least 0.3 m in length (see 96, Fig. 8).
With respect to claim 10, Peem teaches wherein the holding unit is positioned at a distance from the stopping member along the conveying direction (see annotated fig. 8 below):
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With respect to claim 13, Peem teaches further including an accumulation detection unit for detecting an accumulation of overhead adapters of the plurality of overhead adapters along the conveying direction (see “sensors in para. [0104], last sentence).
With respect to claim 14, Peem teaches wherein the accumulation detection unit is positioned upstream of the holding unit along the conveying direction (see [0007], first sentence).
With respect to claim 15, Peem teaches wherein the accumulation detection unit includes at least one sensor element configured to detect the conveying speed of an overhead adapter of the plurality of overhead adapters (see [0054].
With respect to claim 16, Peem teaches including a control unit configured for signal communication with the accumulation detection unit and with the holding unit (see para. [0007], fourth sentence).
With respect to claim 17, Peem teaches an overhead conveyor apparatus comprising: a conveying rail (see numeral 12 in Fig. 8 and para. [0069]) defining a conveying direction; a plurality of overhead adapters (see numeral 14, Fig. 1 and para. [0070); and see numeral 36 in Fig. 2 and para. [0079]) movable via the conveyor rail in the conveying direction, a stopping member (see numerals 96, 98 in Fig. 8 and para. [0104]) arranged on the conveying rail for stopping at least one overhead adapter of the plurality of overhead adapters; and
a holding unit (see numeral 26d in Fig. 8 and para. [0101]) arranged upstream of the stopping member for holding at least one overhead adapter of the plurality of overhead adapters (see holding unit 26 also in Fig. 3a).
With respect to claim 18, Peem teaches conveying goods (20) in conveyor bags (see para. [0079], second to last sentence) using overhead adapters via a conveyor rail defining a conveying direction (see numeral 14 in Fig. 5 and para. [0092], fourth sentence); stopping the overhead adapters via a stopping member (96, 98) arranged on the conveyor rail; and holding the overhead adapters upstream of the stopping member via a holding unit (see holding unit 26 in Fig. 3a).
With respect to claim 19, Peem teaches further including detecting an accumulation of the overhead adapters with an accumulation detection unit (see [0007], first sentence).
With respect to claim 20, Peem teaches wherein a control unit is configured to control the holding based at least in part on an accumulation of the overhead adapters (see para. [0007], fourth sentence).
Allowable Subject Matter
Claims 2, 11 and 12 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER RUSHIN, III whose telephone number is (313)446-4905. The examiner can normally be reached M-F 7:30-4p.
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/LESTER RUSHIN, III/
Examiner
Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651
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