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
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.
Claim 14 is rejected under 35 U.S.C. 102a1 as being anticipated by Corley et al. (US 2003/0085106, as in the previous office action).
In regard to claim 14, Corley shows a modular conveyor belt module 320 incorporating rollers 361in the belt module (see figure 6B). The module is configured for installation in a modular conveyor belt of the type assembled from a plurality of substantially identical modular belt links where one or more modular belt links forms lateral rows (see figure 9). Each modular belt link 320 has a main body extending in the modular belt link’s width direction. A plurality of eye parts EP extend forwards and rearwards from the main body (see the annotated figure below). The eye parts are spaced in the width direction of the modular belt link creating an opening between adjacent eye parts, such that when two modular conveyor belt links are pushed together, the eye parts on one link will inter-fit between eye parts on the other modular belt link (see figures 9 and 11).
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Lateral apertures LA in all eye parts are provided, such that when the eye parts of modular belt links in one row are overlapping eye parts in an adjacent row a through-going aperture is formed from side to side of the conveyor belt. A connection pin (see the hinge pin discussed in paragraph 0028 for example) may be inserted through the lateral through-going aperture to hingedly connect adjacent modular belt links 320. The belt module 320 includes an upper cover 323 and a lower main module part 322. The upper cover 323 is configured to be arranged above and fitted onto the main module part 322. A first plurality of eye parts EP are arranged both on the main module part 322 and on the upper cover 323, such that when the upper cover 323 is positioned on the main module part 322 eye parts EP will be arranged evenly spaced along the modular conveyor module’s width direction. Cavities 354 are arranged in the main module part 322 and apertures 355 are provided in the upper cover 323 such that a roller 366 may be placed in the cavity between the main module part 322 and the upper cover 323 and at least a part of the roller projects above the upper cover 323 through the one or more apertures 355. A plurality of the conveyor belt modules 320 are used to form an endless conveyor belt. When the belt is assembled, the eye parts EP of adjacent modular belt modules are interleafed (see figures 9 and 11) a connection pin (not shown) is inserted laterally through overlapping apertures LA in the eye parts EP to hingedly connect adjacent eye parts EP. The connection pin is inserted through apertures LA in eye parts EP of the main module part 322 and eye parts ELO of the upper cover 323.
In response to this rejection, the applicant’s representative asserts that “claims 6, 7, 12, and 14 depend directly or indirectly from independent claim 1” so that if claim 1 is allowable, claims 6, 7, 12, and 14 are likewise allowable. While this may be true for claims 6, 7, and 12, it is not true of claim 14, which does not depend directly of indirectly from claim 1 and does not include any of the limitations added to claim 1 in the amendment of June 2, 2026. As such, the remarks of the applicant’s representative are not found to be persuasive and the rejection is maintained.
Allowable Subject Matter
Claims 1 and 3-13 are allowed.
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 MARK A DEUBLE whose telephone number is (571)272-6912. The examiner can normally be reached Monday-Friday flex schedule.
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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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/MARK A DEUBLE/Primary Examiner, Art Unit 3651