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)(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(s) 1-6, and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tillo (US 20070000570).
Regarding claim-1. Tillo discloses a conveyor device (Fig.1A) used in manufacturing equipment ([0004]) to convey various types of containers (17, Fig.3-4), such as an ampule, varying in diameter (Sizes and Shapes, [0002], [0049-0050]), the conveyor device comprising:
a lower belt conveying element (2’ having finger 20/21, Fig.3-4) that supports a body on an upstream side and a bottom surface of each of the containers to be conveyed; and
an upper belt conveying element (2 having fingers 20/21, Fig.3-4) that supports the body on a downstream side of each of the containers to be conveyed,
wherein the lower belt conveying element and upper belt conveying element are respectively on a front side and a rear side of each of the containers (Fig.2-4),
wherein the lower belt conveying element and upper belt conveying element has a distance (13, Fig.2) therebetween, wherein the distance is adjusted to allow for conveying the containers varying in diameter (Fig.2A-D.
Regarding claim-2. Tillo discloses further comprising pulleys (gears defined at 22 and 23, Fig.3-4) over which a lower belt (chain 2’) and an upper belt (chain 2) are wound respectively, wherein the pulleys have therebetween an angle which is adjustable according to the distance for conveyance (Fig.2A-D, 3-4).
Regarding claim-3. Tillo discloses further comprising: a type change plate (defined at circular plate 22/23 by which gear rotates) that is provided on the pulleys (gears) and configured to adjust the distance when a container (17) having a different diameter is conveyed (fingers 20 and 21 adjusted to accommodate different Sizes and Shapes of goods 17, See Fig.2A-D, 3-4, [0002], [0049-0050]).
Regarding claim-4. Tillo discloses a conveyor device (Fig.1A) comprising:
a first conveying element (finger 20/21, Fig.3-4) and a second conveying element (finger 20/21, Fig.3-4) that hold each of containers; and
a first belt body (chain 2) and a second belt body (chain 2’) on which the first and second conveying elements are provided (Fig.3-4), respectively,
wherein a relative position between the first (2) and second belt (2’) bodies is adjustable to alter a distance between the first conveying element (20/21) and the second conveying element (20/21) according to a diameter of each of the containers (17), and each of the containers having the diameters is held by the first and second conveying elements and conveyed from upstream to downstream (fingers 20 and 21 adjusted to accommodate different Sizes and Shapes of goods 17, See Fig.2A-D, 3-4, [0002], [0049-0050]).
Regarding claim-5. Tillo discloses a conveyor device (Fig.1A) comprising:
a first conveying element and a second conveying element (fingers 20/21) that hold each of containers (17) (Fig.3-4);
a first belt body (2) and a second belt body (2’) on which the first and second conveying elements are provided (Fig.3-4), respectively; and
a first pulley (gear defined at 23) and a second pulley (gear defined at 22) over which the first and second belt bodies are wound respectively (Fig.3-4), wherein a relative position between the first and second pulleys is changed to adjust a relative position between the first and second belt bodies (2 and 2’), thereby altering a distance between the first and second conveying elements (20/21) according to diameters the container (17), and each of the containers having the diameters is held by the first and second conveying elements and conveyed from upstream to downstream (fingers 20 and 21 adjusted to accommodate different Sizes and Shapes of goods 17, See Fig.2A-D, 3-4, [0002], [0049-0050]).
Regarding claim-6, and 12-13. Tillo discloses wherein center positions of the containers (17) substantially remain unchanged (See Fig.2A-D, 3-4).
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(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tillo (US 20070000570) in view Wilfried (US 7117989)
Regarding claim-10. Tillo further comprising: a driving shaft (22 and 23) that passes through the first and second pulleys (gears) (Fig.3-4); a driven shaft that is rotated by the first and second pulleys being rotated (motor rotates gears) (Fig.2-3); and
But Tillo lacks an adjustment mechanism that changes a distance between the driving and driven pulleys to adjust tensions of the first and second belt bodies. However, providing a belt/chain tension adjustment mechanism is conventional well-known feature and it would be obvious for a skilled person in the art to apply belt/chain tensioning mechanism for purpose to prevents chain slack and ensuring smooth, reliable, and efficient operation.
Wilfried discloses a chain conveying system (Fig.1) and also teaches a chain tensioning mechanism via tensioning cylinder (6) (Fig.1, Col.3 line33-50).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to additionally/explicitly provide Tillo with chain adjustment tensioning mechanism for purpose to prevents chain slack and ensuring smooth, reliable, and efficient conveying operation.
Allowable Subject Matter
Claim 7-9, and 11 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
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/MA/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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