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 § 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.
Claims 13, 15-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Paradis (US 5,816,570) in view of Ruch (US 5,544,876).
Regarding claim 13, Paradis discloses a device for handling flexible sheets 10, comprising: an entrance area and an exit area (see Fig. 1, below), a helical conveying element 11 for the flexible sheets, extending between the entrance area and the exit area, and a drive assembly 26 connected to the helical conveying element and configured to drive the helical conveying element into rotation about a rotation axis, wherein the helical conveying element comprises a thrust wall 17, which is helical around the rotation axis and provided with a thrust surface also helically wound about the rotation axis, which, following the rotation of the helical conveying element about the rotation axis, contacts and pushes the flexible sheets towards the exit area. Paradis lacks the explicit disclosure of a body. Ruch teaches the use of a body (42,46,48) in order to house the sheet feeding elements. Ruch, col. 3, lines 23-39. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date to add a body to the device of Paradis, as taught by Ruch, in order to house the sheet feeding elements.
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Regarding claim 15, the apparatus of Paradis as modified by Ruch comprises the device for handling according to claim 13, wherein the thrust wall 17 comprises an inner edge proximal to the rotation axis and an outer edge distal to the rotation axis, which radially delimit the extension of the thrust wall, and wherein the thrust wall extends between its first end proximal to the entry area and an opposite second end proximal to the exit area. See Fig. 1.
Regarding claim 16, the apparatus of Paradis as modified by Ruch comprises the device for handling and stacking according to claim 15, wherein the distance between the inner edge and the outer edge decreases going from the first end towards the second end. Col. 3, lines 18-21.
Regarding claim 17, the apparatus of Paradis as modified by Ruch comprises the device for handling and stacking according to claim 15, wherein the thrust wall is wound around the rotation axis according to a variable pitch that decreases from the first end to the second end. Col. 3, lines 37-51.
Regarding claim 20, Paradis discloses a method for handling flexible sheets, comprising: receiving flexible sheets 10 at an entrance area and an exit area (see Fig. 1, above), wherein a helical conveying element 11 for the flexible sheets extends between the entrance area and the exit area, and driving, via a drive assembly 26 connected to the helical conveying element, the helical conveying element into rotation about a rotation axis (col. 3, lines 62-63), wherein the helical conveying element comprises a thrust wall 17, which is helical around the rotation axis and provided with a thrust surface also helically wound about the rotation axis, following the rotation of the helical conveying element about the rotation axis, contacting and pushing, by the helical conveying element, the flexible sheets towards the exit area (col. 3, lines 63-66). Paradis lacks the explicit disclosure of a body housing the helical conveying element. Ruch teaches the use of a body (42,46,48) in order to house the sheet feeding elements. Ruch, col. 3, lines 23-39. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date to use a body in the method of Paradis, as taught by Ruch, in order to house the sheet feeding elements.
Allowable Subject Matter
Claims 1-12 and 19 are allowed.
Claims 14 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.
The following is a statement of reasons for the indication of allowable subject matter: the nearest prior art does not teach or suggest the claimed subject matter. For example, Paradis does not disclose everything claimed, including
wherein the helical conveying element comprises a first flange transverse to the rotation axis which protrudes radially outside the shaft and to which the first end of the thrust wall is integral, and wherein the helical conveying element comprises a second flange transversal to the rotation axis which protrudes radially outside the shaft in a diametrically opposite direction to the first flange until it joins and is integral with a section of the thrust wall
in combination with the rest of the claimed elements.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Jeremy R. Severson, whose telephone number is (571)272-2209. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes, can be reached at (571) 272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY R SEVERSON/Primary Examiner, Art Unit 1759
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