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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-18) in the reply filed on April 29th, 2026 is acknowledged.
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 1-3, 6 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ge et al. (CN 216423554). English translations of Ge et al. (CN 216423554) have been provided herein.
Regarding claim 1, Ge et al. (CN 216423554) teaches a device for dedusting products manufactured in a production machine (Paragraph 0001 lines 1-3), comprising:
a product inlet (Fig. 1 #2);
a product outlet (Fig. 1 #15);
a first surface (Fig. 1 #4) configured to receive the products fed through the product inlet (Fig. 1 #4 configured to receive products fed through #2) and to convey the products to the product outlet (Fig. 1 #4 configured to convey products to #15);
an ultrasonic apparatus (Fig. 1 #18) coupled to the first surface (Fig. 1 #18 coupled to #4) and configured to excite the first surface to vibrate ultrasonically (Paragraph 0018 lines 1-8); and
a separating apparatus (Fig. 1 #14) configured to feed a dust detached from the products due to the ultrasonic vibrations to a dust outlet (Paragraph 0019 lines 1-3, Paragraph 0024 lines 8-14) of the device that is separate from the product outlet (Fig. 1 exhaust port of #14 separate from #15),
wherein the products are one of tablets or capsules (Paragraph 0004 lines 1-4).
Regarding claim 2, Ge et al. (CN 216423554) teaches the device according to claim 1, wherein the ultrasonic apparatus (Fig. 1 #18) comprises an ultrasonic generator and an ultrasonic transducer connected to the ultrasonic generator (Paragraph 0018 lines 4-6), wherein the ultrasonic transducer is operatively coupled to the first surface directly via an ultrasonic conductor (Paragraph 0018 lines 4-8).
Regarding claim 3, Ge et al. (CN 216423554) teaches the device according to claim 1, wherein the first surface (Fig. 1 #4) comprises a plurality of openings (Paragraph 0010 lines 1-2), and wherein such the dust detached from the products on account of the ultrasonic vibrations falls through the plurality of openings in the first surface and into the dust outlet (Paragraph 0019 lines 1-3, Paragraph 0024 lines 8-12).
Regarding claim 6, Ge et al. (CN 216423554) teaches the device according to claim 1, wherein the first surface (Fig. 1 #4) comprises at least one of: (1) one or more depressions; (2) one or more portions; and (3) one or more elevations (Fig. 2 #9).
Regarding claim 18, Ge et al. (CN 216423554) teaches a system (Paragraph 0001 lines 1-3) comprising:
the production machine (Fig. 1 #1) configured to produce the products and comprising a machine outlet (Fig. 1 output of #1 at #2) configured to output the products from the production machine (Paragraph 0017 lines 1-4);
the device according to claim 1 (see claim 1),
wherein the product inlet of the device (Fig. 1 #2) is connected to the machine outlet of the production machine (Fig. 1 #2 connected to outlet of #1), and
wherein the production machine comprises one of (1) a tablet press; or (2) a capsule filling machine (Paragraph 0017 lines 1-3).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ge et al. (CN 216423554).
Regarding claim 4, Ge et al. (CN 216423554) teaches the device according to claim 1, wherein dust detached from the products on account of the ultrasonic vibrations falls into the dust outlet (Paragraph 0019 lines 1-3).
Ge et al. (CN 216423554) lacks explicitly teaching wherein the separating apparatus comprises the dust outlet opening positioned upstream of the product outlet in a conveying direction of the products. The product outlet (Fig. 1 #15) is positioned at the end of the first surface (Fig. 1 #4), and Ge et al. (CN 216423554) states that the dust outlet (exhaust port) is provided on the upper part of the side wall of the dust collection box (Paragraph 0019 lines 1-3), but does not explicitly state where.
It would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention modify Ge et al. (CN 216423554) to include wherein the separating apparatus comprises the dust outlet opening positioned upstream of the product outlet in a conveying direction of the products because Applicant has not disclosed that the position of the dust outlet provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant' s invention to perform equally well with the dust outlet opening positioned upstream of the product outlet in a conveying direction of the products because the product outlet is already positioned at the downstream end of the conveying direction. Therefore, it would have been an obvious matter of design choice to modify Ge et al. (CN 216423554) to obtain the invention as claimed.
Furthermore, as the Applicant has not set forth the criticality of the placement of the dust outlet opening upstream of the product outlet, and as there are a finite number of placement locations for a dust outlet opening, it is the position of the Examiner that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the dust outlet opening by Ge et al. (CN 216423554) in an appropriate location to function as an outlet for the removal of dust.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ge et al. (CN 216423554) and in view of Peng (CN 104760321). English translations of Peng (CN 104760321) have been provided herein.
Regarding claim 5, Ge et al. (CN 216423554) lacks teaching the device according to claim 1, further comprising a suction apparatus configured to suck the dust detached from the products to the dust outlet.
Peng (CN 104760321) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), further comprising a suction apparatus (Fig. 1 #5) configured to suck the dust detached from the products to the dust outlet (Fig. 1 #3).
Peng (CN 104760321) explains that when a tablet carrying dust passes through the system, the dust is sucked out and collected, greatly increasing the safety and hygiene of the tablet (Paragraph 0015 lines 1-4), and further explains that previous solutions such as using compressed air to remove dust caused the dust to spread into the air and cause secondary pollution (Paragraph 0004 lines 6-10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include a suction apparatus configured to suck the dust detached from the products to the dust outlet as taught by Peng (CN 104760321) in order to collect the dust detached from the products and prevent the dust from spreading and causing secondary pollution.
Claims 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ge et al. (CN 216423554) and in view of Zhen et al. (CN 110369268). English translations of Zhen et al. (CN 110369268) have been provided herein.
Regarding claim 7, Ge et al. (CN 216423554) lacks teaching the device according to claim 1, wherein the first surface is arranged at an angle with respect to a horizontal axis, such that the products are conveyed at least partially by a force of gravity to the product outlet, wherein the angle is other than zero degrees.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein the first surface (Fig. 1 first surface of #2) is arranged at an angle with respect to a horizontal axis (Fig. 1 see angled first surface of #2), such that the products are conveyed at least partially by a force of gravity to the product outlet (Paragraph 0019 lines 2-5), wherein the angle is other than zero degrees (Paragraph 0019 lines 1-5).
Zhen et al. (CN 110369268) explains that as the products flow downwardly along the stepped screen, the products will vibrate up and down through raised strips, which helps to remove the adhering substances from the surface of the products and preventing clogging of the sieve (Paragraph 0022 lines 3-18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the first surface is arranged at an angle with respect to a horizontal axis, such that the products are conveyed at least partially by a force of gravity to the product outlet, wherein the angle is other than zero degrees as taught by Zhen et al. (CN 110369268) in order to remove adhering dust from the surface of the products as the products flow downwardly.
Regarding claim 8, Ge et al. (CN 216423554) lacks teaching the device according to claim 1, further comprising a second surface arranged downstream of the first surface in a conveying direction of the products, wherein the products are fed to the second surface from the first surface, and wherein the products are conveyed from the second surface to the product outlet of the device.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), further comprising a second surface (Fig. 1 see second surface of #2) arranged downstream of the first surface in a conveying direction of the products (Fig. 1 see second surface of #2 downstream first surface of #2), wherein the products are fed to the second surface from the first surface (Paragraph 0032 lines 1-6), and wherein the products are conveyed from the second surface to the product outlet of the device (Paragraph 0045 lines 1-2).
Zhen et al. (CN 110369268) explains that during the falling motion from a first surface to a second surface, the vibration generated by the vibration mechanism helps to break up any agglomerated particles (Paragraph 0032 lines 1-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include a second surface arranged downstream of the first surface in a conveying direction of the products, wherein the products are fed to the second surface from the first surface, and wherein the products are conveyed from the second surface to the product outlet of the device as taught by Zhen et al. (CN 110369268) in order to help release dust attached to the product.
Regarding claim 9, Ge et al. (CN 216423554) lacks teaching the device according to claim 8, wherein the ultrasonic apparatus is also operationally coupled to the second surface and configured to excite the second surface to vibrate ultrasonically.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein the ultrasonic apparatus is also operationally coupled to the second surface (Fig. 1 see second surface of #2) and configured to excite the second surface to vibrate ultrasonically (Paragraph 0047 lines 1-3).
Zhen et al. (CN 110369268) explains that the ultrasonic transducer is connected to the bottom of the sieve plate (Paragraph 0046 lines 1-2) and the ultrasonic transducer causes the sieve plate to vibrate ultrasonically, enabling ultrasonic dispersion of agglomerates on top of the sieve plate and dispersion of blockages in the mesh of the sieve plate (Paragraph 0047 lines 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the ultrasonic apparatus is also operationally coupled to the second surface and configured to excite the second surface to vibrate ultrasonically as taught by Zhen et al. (CN 110369268) in order to provide ultrasonic dispersion of dust from the products on the second surface and prevent blockages in the second surface.
Regarding claim 10, Ge et al. (CN 216423554) lacks teaching the device according to claim 9, wherein the second surface comprises a plurality of openings, and wherein the dust detached from the products on account of the ultrasonic vibrations falls through the plurality of openings in the second surface and into the dust outlet.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein the second surface (Fig. 1 second surface of #2) comprises a plurality of openings (Fig. 2 #212), and wherein the dust detached from the products on account of the ultrasonic vibrations (Paragraph 0047 lines 1-3) falls through the plurality of openings in the second surface and into the dust outlet (Paragraph 0032 lines 3-5).
Zhen et al. (CN 110369268) explains that during the falling motion from a first surface to a second surface, the vibration generated by the vibration mechanism helps to break up any agglomerated particles, and the particles which pass through the screen mesh are collected (Paragraph 0032 lines 1-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the second surface comprises a plurality of openings, and wherein the dust detached from the products on account of the ultrasonic vibrations falls through the plurality of openings in the second surface and into the dust outlet as taught by Zhen et al. (CN 110369268) in order to collect the dust released from the product after the product is transferred from the first surface to the second surface.
Regarding claim 11, Ge et al. (CN 216423554) lacks teaching the device according to claim 8, wherein the second surface comprises at least one of: (1) one or more depressions; (2) one or more portions; and (3) one or more elevations.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein the second surface (Fig. 1 second surface of #2) comprises at least one of: (1) one or more depressions; (2) one or more portions; and (3) one or more elevations (Paragraph 0032 lines 10-18).
Zhen et al. (CN 110369268) explains that the products will vibrate up and down through the raised strips, which helps to remove the adhering substances from the surface of the large products, thereby avoiding clumping and preventing the sieve from clogging (Paragraph 0032 lines 10-18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the second surface comprises at least one of: (1) one or more depressions; (2) one or more portions; and (3) one or more elevations as taught by Zhen et al. (CN 110369268) in order to help remove dust from the products and prevent the second surface from clogging.
Regarding claim 12, Ge et al. (CN 216423554) lacks teaching the device according to claim 8, wherein the second surface is arranged at an angle with respect to a horizontal axis, wherein the products are conveyed at least partially by a force of gravity to the product outlet, and wherein the angle is other than zero degrees.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein the second surface (Fig. 1 second surface of #2) is arranged at an angle with respect to a horizontal axis (Fig. 1 see angled first surface of #2), wherein the products are conveyed at least partially by a force of gravity to the product outlet (Paragraph 0019 lines 2-5), and wherein the angle is other than zero degrees (Paragraph 0019 lines 1-5).
Zhen et al. (CN 110369268) explains that as the products flow downwardly along the stepped screen, the products will vibrate up and down through raised strips, which helps to remove the adhering substances from the surface of the products and preventing clogging of the sieve (Paragraph 0022 lines 3-18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the second surface is arranged at an angle with respect to a horizontal axis, wherein the products are conveyed at least partially by a force of gravity to the product outlet, and wherein the angle is other than zero degrees as taught by Zhen et al. (CN 110369268) in order to remove adhering dust from the surface of the products as the products flow downwardly.
Regarding claim 13, Ge et al. (CN 216423554) lacks teaching the device according to claim 8, wherein at least one of the first surface and the second surface comprises a step.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein at least one of the first surface and the second surface comprises a step (Paragraph 0019 lines 1-5).
Zhen et al. (CN 110369268) explains that at a step, during the falling motion from a first surface to a second surface, the vibration generated by the vibration mechanism helps to break up any agglomerated particles (Paragraph 0032 lines 1-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein at least one of the first surface and the second surface comprises a step as taught by Zhen et al. (CN 110369268) in order to help release dust attached to the product.
Regarding claim 14, Ge et al. (CN 216423554) lacks teaching the device according to claim 8, further comprising a step separating the first surface from the second surface.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), further comprising a step separating the first surface from the second surface (Paragraph 0019 lines 1-5).
Zhen et al. (CN 110369268) explains that at a step, during the falling motion from a first surface to a second surface, the vibration generated by the vibration mechanism helps to break up any agglomerated particles (Paragraph 0032 lines 1-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include a step separating the first surface from the second surface as taught by Zhen et al. (CN 110369268) in order to help release dust attached to the product.
Regarding claim 15, Ge et al. (CN 216423554) lacks teaching the device according to claim 14, wherein the step comprises a height dimension that is greater than at least one of: (1) a diameter of the products; and (2) a length of the products.
Zhen et al. (CN 110369268) teaches a device for dedusting products manufactured in a production machine (Paragraph 0002 lines 1-2), wherein the step (Fig. 1 see step between first surface of #2 and second surface of #2) comprises a height dimension (Fig. 1 see height of step) that is greater than at least one of: (1) a diameter of the products; and (2) a length of the products (Paragraph 0038 lines 1-6).
Zhen et al. (CN 110369268) explains that at a step, during the falling motion from a first surface to a second surface, the vibration generated by the vibration mechanism helps to break up any agglomerated particles (Paragraph 0032 lines 1-8). Zhen et al. (CN 110369268) explains that the products fall from the upper (first) surface) to the lower (second) surface and impact protrusions, thereby breaking up the agglomerated particles and improving the particle dispersion effect and increasing the final product yield (Paragraph 0038 lines 1-6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the step comprises a height dimension that is greater than at least one of: (1) a diameter of the products; and (2) a length of the products as taught by Zhen et al. (CN 110369268) in order to impact the products as they move from the first surface to the second surface and help release dust attached to the product.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ge et al. (CN 216423554) in view of Zhen et al. (CN 110369268) and further in view of Johnson (US 2203152).
Regarding claim 16, Ge et al. (CN 216423554) lacks teaching the device according to claim 15, wherein the step is configured to turn the products over when the products are being conveyed over the step, and wherein the products rest on a different product face after traveling over the step than before traveling over the step.
Johnson (US 2203152) teaches a device for dedusting products manufactured in a production machine (Col. 1 lines 1-7), wherein the step (Fig. 1 see step between first and second ‘A’) is configured to turn the products over when the products are being conveyed over the step (Col. 6 lines 51-56), and wherein the products rest on a different product face after traveling over the step than before traveling over the step (Col. 6 lines 51-56).
Johnson (US 2203152) explains that due to the arrangement of the screens, there results a complete reversal in the flow material between each of the screens, causing the material to be turned and agitated as it drops from one screen to the next (Col. 6 lines 51-56). Johnson (US 2203152) states that this configuration permits rapid operation of the device (Col. 6 lines 44-56).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the step is configured to turn the products over when the products are being conveyed over the step, and wherein the products rest on a different product face after traveling over the step than before traveling over the step as taught by Johnson (US 2203152) in order to turn and thoroughly agitate the products for more rapid separation.
Regarding claim 17, Ge et al. (CN 216423554) lacks teaching the device according to claim 8, wherein the second surface is arranged such that the products are turned over as the products are conveyed from the first surface to the second surface, and wherein the products rest on a different face when the products are on the first surface than when the products are on the second surface.
Johnson (US 2203152) teaches a device for dedusting products manufactured in a production machine (Col. 1 lines 1-7), wherein the second surface (Fig. 1 second ‘A’) is arranged such that the products are turned over as the products are conveyed from the first surface to the second surface (Col. 6 lines 51-56), and wherein the products rest on a different face when the products are on the first surface than when the products are on the second surface (Col. 6 lines 51-56).
Johnson (US 2203152) explains that due to the arrangement of the screens, there results a complete reversal in the flow material between each of the screens, causing the material to be turned and agitated as it drops from one screen to the next (Col. 6 lines 51-56). Johnson (US 2203152) states that this configuration permits rapid operation of the device (Col. 6 lines 44-56).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ge et al. (CN 216423554) to include wherein the second surface is arranged such that the products are turned over as the products are conveyed from the first surface to the second surface, and wherein the products rest on a different face when the products are on the first surface than when the products are on the second surface as taught by Johnson (US 2203152) in order to turn and thoroughly agitate the products for more rapid separation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Holmes (US 251883) teaches a stepped grain cleaner with an exhaust fan suctioning and removing dirt.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653
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