18932867Notice 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 Objections
Claim 9, 11, 14, 17, 19 objected to because of the following informalities:
Regarding claim 9, the phrase “each crusher jaw adjustment assembly” should be changed to “each of the crusher jaw adjustment assemblies”.
Regarding claim 11, the phrase “crusher frame” should be changed to “the crusher frame”.
Regarding claim 14, the phrase “each crusher jaw adjustment assembly” should be changed to “each of the crusher jaw adjustment assemblies”.
Regarding claim 17, the phrase “the steps” should be changed to “steps”.
Regarding claim 19, the phrase “the step” should be changed to “a step”.
Appropriate correction is required.
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 17-20 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.
Claim 17 recites the limitation "the second end" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claims 18-20 are rejected because they depend from claim 17.
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.
Claims 1, 12 and 17are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Franz (DE1077037B attached NPL, English Machine translation).
Regarding claim 1, Franz discloses a crusher for crushing a supply of mineral material (paragraphs 0001-0004), the crusher comprising:
a crusher frame (fig.1: (1)) that at least partially defines a crushing chamber (fig.1: (2));
a crushing roller (fig.1: (21)) mounted to a drive shaft (fig.1: (13)) for movement in the crushing chamber;
a crusher jaw (fig.1: (31)) having a first end (fig.1: (42)) and a second end (fig.1: (32)), the crusher jaw being movable between a crushing position (paragraph 0030: adjust the gap (33)) and a maintenance position (paragraph 0037: the wall (57) is removed),
wherein when the crusher jaw is in the crushing position, the first end (fig.1: (42)) is pivotably mounted to the crusher frame (fig.2: (45)) and the second end (fig.1: (32)) is movable into and out (paragraph 0030: the jaw is pivoted on axis (47)) of the crushing chamber to adjust a crushing gap between the crusher jaw and crushing roller (paragraph 0030: adjust gap (33)) and
wherein when the crusher jaw is in the maintenance position, the second end (fig.1: (32)) is pivotably mounted to the crusher frame such that the first end is movable toward and away from the crusher frame (paragraph 0037: after remove the wall (57), the jaw (31) still pivots on the axis (47)).
Regarding claim 2, Franz discloses wherein the first end (fig.1: (42)) of the crusher jaw is rotatably supported on the crusher frame in the crushing position by a pair of upper bearing assemblies (fig.2: (48)) each mounted to the crusher frame.
Regarding claim 3, Franz discloses wherein the pair of upper bearing assemblies (fig.2: (48)) are secured to the crusher frame by at least one retaining bolt (fig.2: (83)).
Regarding claim 4, Franz discloses wherein the at least one retaining bolt is removed to release the upper bearing assembly and allow the crusher jaw to transition from the crushing position to the maintenance position (paragraph 0040).
Regarding claim 5, Franz discloses wherein the pair of upper bearing assemblies remain attached to the first end of the crusher jaw and are movable with the first end of the crusher jaw when the crusher jaw moves to the maintenance position (paragraph 0037: after remove the wall (57), the jaw (31) with bearing (48) still pivot on the axis (47)).
Regarding claim 6, Franz discloses wherein the second end (fig.1: (32)) of the crusher jaw is secured to the crusher frame in the maintenance position and the first (fig.1: (42)) end of the crusher jaw is pivotable relative to the second end of the crusher jaw (paragraph 0037: after remove the wall (57), the jaw (31) with bearing (48) still pivot on the axis (47)).
Regarding claim 7, Franz discloses wherein a pair of lower bearing assemblies (fig.1: (62)) mount the second end of the crusher jaw to the crusher frame in the maintenance position.
Regarding claim 8, Franz discloses a pivot limiting device connected between the crusher frame and the crusher jaw to limit the movement of the crusher jaw into the maintenance position (paragraph 0037: the crane is capable to limit the movement of the jaw).
Regarding claim 9, Franz discloses a crusher jaw adjustment assembly positioned on first and second sides of the crusher frame (fig.2: top and bottom of adjusting element (67)),
the crusher jaw adjustment assemblies being operable to control the movement of the second end (fig.1: (32)) of the crusher jaw (paragraph 0030), each crusher jaw adjustment assembly comprising:
a connection arm (fig.1: (49)) having a first end and a second end, wherein the first end is connected to the second end (fig.1: (32)) of the crusher jaw (fig.1: the end of element (49) that connected to the jaw); and a drive unit (fig.2: (67)) operable to move the connection arm to control the position of the second end of the crusher jaw.
Regarding claim 10, Franz discloses wherein the second end (fig.1: (32)) of the crusher jaw is pivotably mounted to the first ends of the connection arms by a pair of lower bearing assemblies (fig.1: (62)), wherein the lower bearing assemblies are fixed in a stationary position prior to movement of the crusher jaw into the maintenance position (the elements (62) are fixed in position before the maintenance).
Regarding claim 11, Franz discloses wherein each of the lower bearing assemblies are secured to crusher frame when the crusher jaw is in the maintenance position (paragraph 0037: after remove the wall (57), the elements (62) still secured to crusher).
Regarding claim 12, Franz discloses a compact eccentric roll crusher for crushing a supply of mineral material (paragraphs 0001-0004 and 0016), the crusher comprising:
a crusher frame (fig.1: (1)) that at least partially defines a crushing chamber (fig.1: (2));
a crushing roller (fig.1: (21)) mounted to a drive shaft (fig.1: (13)) for movement in the crushing chamber;
a crusher jaw (fig.1: (31)) having a first end (fig.1: (42)) and a second end (fig.1: (32)) and movable between (paragraph 0030: adjust the gap (33)) and a maintenance position (paragraph 0037: the wall (57) is removed),
wherein when the crusher jaw is in the crushing position, the first end (fig.1: (42)) is pivotably (fig.2: (45)) mounted to the crusher frame such that the second end (fig.2: (32)) is movable into and out (paragraph 0030: the jaw is pivoted on axis (47)) of the crushing chamber to adjust a crushing gap between the crusher jaw and crushing roller (paragraph 0030: adjust gap (33)) and
wherein when the crusher jaw is in the maintenance position, the second end (fig.1: (42)) is pivotably mounted to the crusher frame such that the first end is movable toward and away from the crusher frame (paragraph 0037: after remove the wall (57), the jaw (31) still pivots on the axis (47)); and
a pair of upper bearing assemblies (fig.2: (48)) each mounted to the crusher frame,
wherein the pair of upper bearing assemblies support the first end (fig.1: (42)) of the crusher jaw in the crushing position (paragraph 0030: adjust the gap (33)) and move with the first end of the crusher jaw when the crusher jaw moves into the maintenance position (paragraph 0037: after remove the wall (57), the jaw (31) with bearing (48) still pivot on the axis (47)).
Regarding claim 14, Franz discloses a pair of crusher jaw adjustment assemblies being operable to control the movement of the second end of the crusher jaw (fig.2: top and bottom of adjusting element (67)), each crusher jaw adjustment assembly comprising:
a connection arm (fig.1: (49)) having a first end and a second end, wherein the first end (fig.1: (32)) is connected to the second end of the crusher jaw (fig.1: the end of element (49) that connected to the jaw); and a drive unit (fig.2: (67)) operable to move the connection arm to control the position of the second end of the crusher jaw.
Regarding claim 15, Franz discloses wherein the second end (fig.1: (32)) of the crusher jaw is pivotably mounted to the first end of the connection arm by a pair of lower bearing assemblies (fig.1: (62)), wherein the pair of lower bearing assemblies are fixed in a stationary position prior to movement of the crusher jaw into the maintenance position (the elements (62) are fixed in position before the maintenance).
Regarding claim 16, Franz discloses wherein each of the lower bearing assemblies are secured to the crusher frame when the crusher jaw is in the maintenance position (paragraph 0037: after remove the wall (57), the elements (62) still secured to crusher).
Regarding claim 17, Franz discloses a method of providing maintenance (paragraphs 0001-0004 and 0015) on a crusher jaw of (fig.1: (31)) a crusher having a crusher frame (fig.1: (1)) and a crushing roller (fig.1: (21)) that defines a crushing gap (fig.1: (33)) between the crusher jaw and the crushing roller, the method comprising the steps of:
providing upper bearing assemblies (fig.2: (48)) to pivotably (fig.2: (45)) mount a first end (fig.1: (42)) of the crusher jaw to the crusher frame such that the second end (fig.2: (32)) of the crusher jaw is movable (paragraph 0030: the jaw is pivoted on axis (47)) to adjust the crushing gap (paragraph 0030: adjust gap (33));
securing the second end (fig.2: (32) via element (49)) of the crusher jaw to the crusher frame;
releasing the upper bearing assemblies from attachment to the crusher frame (paragraphs 0039-0040); and
moving the first end of the crusher jaw away from the crusher frame into a maintenance position (paragraph 0037: paragraph 0037: after remove the wall (57), the jaw (31) still pivot on the axis (47)).
Regarding claim 18, Franz discloses wherein the first end (fig.1: (42)) of the crusher jaw pivots ((fig.2: (45)) relative to the second end (fig.1: (32)) of the crusher jaw when the second end of the crusher jaw is secured to the crusher frame.
Regarding claim 20, Franz discloses wherein the upper bearing assemblies move with the first end of the crusher jaw into the maintenance position (paragraph 0037: paragraph 0037: after remove the wall (57), the jaw (31) with bearing (48) still pivot on the axis (47)).
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.
Claim 19 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Franz (DE1077037B attached NPL, English Machine translation).
Regarding claim 19, Franz does not disclose comprising the step of activating a maintenance cylinder to move the first end of the crusher jaw away from the crusher frame.
However, Franz discloses comprising the step of activating a maintenance nut to move the first end of the crusher jaw away from the crusher frame (paragraphs 0030);
Further, using a cylinder is very know in art and it therefore not patentable and would be obvious because there is no unexpected result
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the nut of Franz by cylinder, as a matter of routine engineering design choice
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725
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