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 .
DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “bolts” of Claim 25 and the “slide bearing and is displaced by a spring action” of Claim 31, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 23 is objected to because of the following informalities: The limitation reading “the rails each comprise two integrated protrusions arranged parallel with each other and with a distance between said protrusions, and the rollers comprises two grooves for each rail being attached to the roller said protrusions are arranged to fit into each their grooves” should read: “the rails each comprise two integrated protrusions arranged parallel with each other and with a distance between said protrusions, and the roller[[s]] comprises two grooves for each rail being attached to the roller said protrusions are arranged to fit into a respective one of the grooves”.
Claim 32 is objected to because of the following informalities: The limitation reading “wherein the objects comprise empty or partly full with liquid cans and bottles, medical waste material” should read: “wherein the objects comprise empty or partly full with liquid cans and bottles, or medical waste material”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
the “fastening means”, of Claim 18.
With regard to the term “fastening means”, in claims 1-2, 5-6, and 7:
first, the term “means” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “fastening”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “fastening” preceding the generic placeholder describes the function, not the structure, of the fastening means.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 31 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation of Claim 31 reading: “a bearing of the lower roller is mounted in a spring-actuated slide guide” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention. First, none of the claimed “bearing” or “spring actuated slide guide” appear to be shown in the figures. The only mentions of these structures are on pages 9 and 11 of the specification, where the structures are only broadly disclosed. On page 11 it is disclosed that “According to one embodiment a bearing of the lower roller is mounted in a spring-actuated slide guide. The lower roller of the dual roller can move slightly away from the second roller as its bearings are mounted in a spring-actuated slide guide.”. On page the last par. of page 11 of the specification it is noted that “One of the rollers is suspended in a slide bearing and is displaced by a spring action.”. However, no additional details are described with regard to these claimed features. Thus, the “bearing of the lower roller is mounted in a spring-actuated slide guide” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 18-34 are 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 pre-AIA the applicant regards as the invention.
Claim 18 recites the limitation "the compressor" in the final line of the claim. There is insufficient antecedent basis for this limitation in the claim. Because a compressor has not been previously delimited in the claim it is unclear if this refers to some other previously claimed structure, or whether this is a newly introduced structure. If this is newly introduced structure than the limitation should be preceded by the pronoun “a” instead of “the”.
The limitation of Claim 24 reading: “wherein the grooves are in cross-section shaped rectangularly with parallel groove sidewalls and a substantially flat bottom of the groove, and the corresponding protrusion comprises two oppositely placed protrusion-sidewalls and a top surface facing towards the bottom of the groove,” is indefinite. For example, looking at figure 6, the surfaces 22, which are designated the “top surfaces” 22 appear to face downwardly, not only in figure 6, but also would have to face downwardly in order to correspond to upper facing surfaces of the grooves 16. In other words, it is not clear how upper facing surfaces of a protrusion can correspond to upper facing surfaces of a groove which receives said protrusions. For purposes of advancing prosecution, this limitation will be interpreted, as best understood in light of the specification to require surfaces of a protrusion which contact and thus correspond other surfaces of a groove, regardless of how the surfaces of the protrusion are designated as being oriented.
The limitation of Claim 25 reading: “wherein the fastening means comprise through holes in the rails running from the upper surface to the lower surface, and that the rollers comprise cavities of substantially the same diameter,” is indefinite. No diameter has been claimed previous to this mention in Claim 25. Thus, this term lacks antecedent basis. It is not clear which structure the diameter the cavities have the same diameter as. It appears that the cavities both have a same diameter as one another, and may also have a same diameter as the claimed through holes in the rails (even though the latter is not shown). In the final par. of page 14 of the specification it is disclosed that “The fastening means 19 comprise through holes 17 in the rails11, cavities in the rollers 3,4 and fastening means such as bolts passing through the holes 17 in the rails 11. These holes are running from the upper surface 12 to the lower surface 13. The rollers 3,4 comprise the cavities 18 of substantially the same diameter and placed next to the holes 17 when the rails 11 are placed on the rollers 3,4. By placing the rails 11 with their protrusions 15a,b in the grooves 16a,b of a roller 3,4, and then fastened them to the rollers 3,4 by the bolts, the rails 11 are replaceable but very safe attached to the roller 11.”. Even though no bolts are shown, it would appear that the holes 19/17 would be of a same diameter as the holes 18 shown in fig 3. Thus, for purposes of advancing prosecution, this limitation will be interpreted, as best understood in light of the specification to require either the holes all having the same diameter as one another, or having a same diameter as the hole defined by the protrusions. Also, the term “such as bolts” makes it unclear if bolts are required to meet the claim, or whether any means similar to bolts would be sufficient to include the required structure.
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 18-19, 21, 26-27 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20160263580 to Rhea.
Regarding Claim 18, Rhea discloses A dual roller for handling objects such as plastic or metal items (par. 0003) comprising:
a first roller (22b) and a second roller 22a having parallel axes rotatably mounted in a housing (14)(fig 5-7);
a drive mechanism (“motor”, see par. 0016) for rotating the rollers synchronously opposite one another (par. 0018);
outer surfaces of each roller comprise an assembly of alternating protruding elements extending from the surface (66A, 66B);
spacers (surfaces 62A defining spaces between protrusions 66A-B) arranged so the protruding elements of one roller extend radially into the spacers between adjacent protruding elements on the opposite roller in an alternating manner thereby forming a gap between the rollers (fig 6);
the protruding elements are longitudinal rails arranged parallel with the axes of the rollers and extend substantially throughout the length of the rollers and are attached to the circumferential surface of the rollers by fastening means (figures. 6 and 7, and showing the rail shape of the parts 66a and the rails connected to integrally to the parts 38B, and the parts 38B being connected to the rollers by fasteners 70, thus fasteners 70 partly attach the rails 66A to the outer circumference of the rollers);
each rail comprises an upper surface and an opposite lower surface side walls are converging towards the upper surface with an angle V (see annotated fig. 6, attached below);
the upper surface has a width being smaller than the width between neighboring longitudinal rails measured between an edge of the neighboring rails located where the lower surface and the side wall of each of the longitudinal neighboring rails meet each other [annotated fig. 6, below];
the rollers comprises an outer cylindrical circumferential surface (see annotated fig 6 below);
the lower surface of each rail is connected to the outer cylindrical surface of the rollers see annotated fig 6 below); and
the compressor (dual roller assembly) is adapted to compress and/or puncture the objects (“crush” which is a form of compressing; see par 0021-0024).
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Regarding Claim 19, in Rhea the side walls of the rails are substantially straight and flat or slightly curved (see annotated fig 7 above).
Regarding Claim 21, in Rhea the upper surface of the rails is a substantially flat surface. (See fig. 6-7)
Regarding Claim 26, in Rhea, the fastening means comprise the rails being placed on the roller.
Regarding the term “a welding of the rails to the surface of the roller, said welding is placed along the rails in a region between the sidewalls of the rail in question and the surface of the roller in question”, product-by-Process claim limitations are not limited to the manipulations of the recited steps, but only the structure implied by the steps. Thus, the patentability of a product does not depend on its method of production, and if a product in a product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even if the prior art product was made by a different process. See MPEP 2113. In this case, if the rails are placed/fastened on to the roller then the product no matter how it is formed, meets the claim.
Regarding Claim 27, in Rhea the lower surface of the rails is adapted to be slightly curved in order to follow the curvature of the surface of the roller (see fig 7 as annotated below).
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Regarding Claim 32, in Rhea the objects to be crushed by the apparatus can comprise empty or partly full with liquid cans and bottles, or medical waste material. The apparatus is said to be used for crushing minerals, thus, the apparatus can also be used to crush softer materials such as cans/bottles.
With regard to the limitation (the blades) “wherein the objects (to be crushed by the apparatus) comprise empty or partly full with liquid cans and bottles, medical waste material”, This term is considered a statement of intended use. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. The only requirement here is that the prior art reference be capable of said intended use. See MPEP 2114. In this case, the Rhea device is capable of being used to crush such materials as noted in the rejection above).
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 of this title, 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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Rhea as applied to claim 18 above, and further in view of USPN 3855892, Dilello.
Regarding Claim 20, Rhea lacks wherein the angle V between the side walls of the rails is 20-45°.
Dilello discloses a Cutting Rule for a rotary die cutter, in the same field of endeavor as the cutting rotary die cutter tool of the present invention and discloses that such a system includes the teeth of the rotary die having sidewalls which extend at an angle of 18-34 degrees relative to one another, col. 4, 1-10, in order to reduce load forces during cutting, col. 2, lines 1-10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by making the angle V between the side walls of the rails be 18°-34°, (which is within the claimed range of 20-45°) in order to reduce load forces during cutting as taught via Dilello.
Claims 18, 22-24, and 28 are rejected (Claim 18 being rejected in the alternative to the 35 USC 102 rejection above) under 35 U.S.C. 103 as being unpatentable over Rhea, and further in view of USPN 4640165, McMahon.
Regarding Claims 18, 22-24 and 28, Rhea discloses A dual roller for handling objects such as plastic or metal items (par. 0003) comprising:
a first roller (22b) and a second roller 22a having parallel axes rotatably mounted in a housing (14)(fig 5-7);
a drive mechanism (“motor”, see par. 0016) for rotating the rollers synchronously opposite one another (par. 0018);
outer surfaces of each roller comprise an assembly of alternating protruding elements extending from the surface (66A, 66B);
spacers (surfaces 62A defining spaces between protrusions 66A-B) arranged so the protruding elements of one roller extend radially into the spacers between adjacent protruding elements on the opposite roller in an alternating manner thereby forming a gap between the rollers (fig 6);
the protruding elements are longitudinal rails arranged parallel with the axes of the rollers and extend substantially throughout the length of the rollers (figures 6-7) and are attached to the circumferential surface of the rollers by fastening means (figures. 6 and 7, and showing the rail shape of the parts 66a and the rails connected to integrally to the parts 38B, and the parts 38B being connected to the rollers by fasteners 70, thus fasteners 70 partly attach the rails 66A to the outer circumference of the rollers);
each rail comprises an upper surface and an opposite lower surface side walls are converging towards the upper surface with an angle V (see annotated fig. 6, attached below);
the upper surface has a width being smaller than the width between neighboring longitudinal rails measured between an edge of the neighboring rails located where the lower surface and the side wall of each of the longitudinal neighboring rails meet each other [annotated fig. 6, below];
the rollers comprises an outer cylindrical circumferential surface (see annotated fig 6 below);
the lower surface of each rail is connected to the outer cylindrical surface of the rollers see annotated fig 6 below); and
the compressor (dual roller assembly) is adapted to compress and/or puncture the objects (“crush” which is a form of compressing; see par 0021-0024).
Even though, as noted above, the fasteners indirectly attach the parts 66B to the circumference of the rollers (at 38B), if the Claim is interpreted, or amended to specifically require that the fastening means directly connect the rails to the circumference of the roller, than Rhea may be proven to lack this feature, of the rails attached to the circumferential surface of the rollers by fastening means (Claim 18).
Also, Regarding Claims 22-24 Rhea lacks wherein the fastening means comprise at least one longitudinal protrusion integrated with and placed at the lower surface of the rail and parallel with a longitudinal axis of the rails, and arranged to fit into a longitudinal groove arranged in the surface of the roller, said longitudinal groove is arranged parallel to the axes of the rollers (Claim 22), wherein the rails are replaceable longitudinal rails and removably attached to the circumferential surface of the rollers (Claim 28), and wherein the rails each comprise two integrated protrusions arranged parallel with each other and with a distance between said protrusions, and the rollers comprises two grooves for each rail being attached to the roller said protrusions are arranged to fit into each their grooves (Claim 23), and wherein the grooves are in cross-section shaped rectangularly with parallel groove sidewalls and a substantially flat bottom of the groove, and the corresponding protrusion comprises two oppositely placed protrusion-sidewalls and a top surface facing towards the bottom of the groove, said protrusion-sidewalls are substantially parallel with the groove sidewalls, said grooves and corresponding protrusion are congruent with each other (Claim 24).
McMahon discloses a rotary cutter apparatus 18 with cutters 30 on the outer periphery thereof, in the same field of endeavor as the rotary cutter apparatus with cutters on the outer periphery of a roller of the present invention and discloses that such a system includes a rotary cutter device 18 and wherein a fastening means (combination of protrusions at the base of a knife holder 30) attach a rail like cutter (combination of knives 34a/b and knife holder 30) to a circumference of the rotary cutter 18 (fig 4)(Claim 18), wherein the rails are replaceable longitudinal rails and removably attached to the circumferential surface of the rollers (Claim 28) (fig 4), in order to allow for easily changing the knife devices of the roller device (col 2, lines 15-20) and in McMahon the device includes the fastening means comprising at least one longitudinal protrusion integrated with and placed at the lower surface of the rail (see annotated fig. 4 below) and parallel with a longitudinal axis of the rails (fig 4 and fig 3), and arranged to fit into a longitudinal groove (see annotated fig 4 below, and compare to the longitudinal shape of the protrusions shown in fig 3) arranged in the surface of the roller, said longitudinal groove is arranged parallel to the axes of the roller 68 (fig’s. 3-5) (Claim 22), and wherein the rails (see annotated fig 4 below) each comprise two integrated protrusions (see annotated fig 4 below) arranged parallel with each other and with a distance between said protrusions (see annotated fig 4 below), and the circumference of the roller comprises two grooves (see annotated fig 4 below) for each rail (see annotated fig 4 below) being attached to the roller (fig 4) said protrusions are arranged to fit into each of the grooves (see annotated fig 4 below) (Claim 23), and wherein the grooves are in cross-section shaped rectangularly with parallel groove sidewalls and a substantially flat bottom of the groove (see annotated fig 4 below), and the corresponding protrusion comprises two oppositely placed protrusion-sidewalls and a top surface facing towards the bottom of the groove (see annotated fig 3 below), said protrusion-sidewalls are substantially parallel with the groove sidewalls, said grooves and corresponding protrusion are congruent with each other (see the corresponding fir of the grooves and protrusions in fig. 4) (Claim 24), in order to provide a self-seating fit of the knife holders into the rollers, col. 2, 15-30.
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Currently in the embodiment shown in fig 6 of Rhea, the parts 66B are integrally attached to the surfaces of the parts 38B which make up the circumference of the Rhea rollers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by modifying the device to have each of the parts 66b to be individually removably attached to the circumference of the roller (Claim 18) wherein the rails are replaceable longitudinal rails and removably attached to the circumferential surface of the rollers (Claim 28) in order to allow a user to replace individual cutting parts 66b when these become worn, instead of having to replace a whole assembly 38b if only one of the cutters thereon is worn, which would allow for cost savings, and to achieve this with the structure of McMahon in order to do so while allowing for easily changing the knife devices of the roller device (as taught by McMahon), and it would also have been obvious to include the fastening means comprises at least one longitudinal protrusion integrated with and placed at the lower surface of the rail and parallel with a longitudinal axis of the rails, and arranged to fit into a longitudinal groove arranged in the surface of the roller, said longitudinal groove is arranged parallel to the axes of the rollers (Claim 22), and wherein the rails each comprise two integrated protrusions arranged parallel with each other and with a distance between said protrusions, and the rollers comprises two grooves for each rail being attached to the roller said protrusions are arranged to fit into each their grooves (Claim 23), and wherein the grooves are in cross-section shaped rectangularly with parallel groove sidewalls and a substantially flat bottom of the groove, and the corresponding protrusion comprises two oppositely placed protrusion-sidewalls and a top surface facing towards the bottom of the groove, said protrusion-sidewalls are substantially parallel with the groove sidewalls, said grooves and corresponding protrusion are congruent with each other (Claim 24), wherein the rails are replaceable longitudinal rails and removably attached to the circumferential surface of the rollers (Claim 28) in order to provide a self-seating fit of the knife holders into the rollers as taught by McMahon.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Rhea as applied to claim 18 above, and further in view of USPN 5253561, Wynn.
Rhea lacks the apparatus having wherein the fastening means comprise through holes in the rails running from the upper surface to the lower surface, and that the rollers comprise cavities of substantially the same diameter and placed next to the holes when the rails are placed on the rollers, which holes and the cavities are arranged to receive further fastening means such as bolts.
Wynn discloses a rotary cutter apparatus 10 with cutters (cutting blocks 16), which are in the form of rails (fig. 1) on the outer periphery thereof, in the same field of endeavor as the rotary cutter apparatus with cutters on the outer periphery of a roller of the present invention and discloses that such a system includes, fastening means comprising a combination of protrusions which fit into slots of the roller body (protrusions defined by slots 14 of the body 16 which correspond to grooves defined by protrusions 22 of the roller body) and through holes (holes 7 in the body 16 which receive bolts 17) in the cutters/rails running from an upper surface to a lower surface (of the rails, see fig 4), and that the rollers comprise cavities of substantially the same diameter (as one another, and as a part of the holes of the rails, fig 4) and placed next to the holes when the rails are placed on the rollers (figs 2 and 4), which holes and the cavities are arranged to receive further fastening means such as bolts 17 (which bolts are in addition to the above mentioned slot and groove fastening means) in order to provide a secure blade holding mechanism which allows for quick replacement of the cutters (col. 2, 25-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by including wherein the fastening means comprise through holes in the rails running from the upper surface to the lower surface, and that the rollers comprise cavities of substantially the same diameter and placed next to the holes when the rails are placed on the rollers, which holes and the cavities are arranged to receive further fastening means such as bolts in order to provide a secure blade holding mechanism which allows for quick replacement of the cutters as taught by Wynn.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Rhea as applied to claim 18 above, and further in view of USPN 2598820, Neese.
Rhea includes the driving the device being completed via a motor (par 004.)
Rhea lacks the apparatus having wherein the drive mechanism comprises the motor fitted with a speed-regulating gear in order to control the speed, said motor is adapted to drive the rollers by a chain- or belt drive.
Neese discloses a dual roller cutting assembly (cutting rollers 51 and 52), in the same field of endeavor as the dual roller cutting assembly of the present invention and discloses that such a system includes a drive mechanism power input fitted with a speed-regulating gear (92) in order to control the speed (of the cutters, col. 5, 60-67 and col. 6, 1-15), said power input adapted to drive the rollers by a chain-or belt drive (col. 5, 60-67 and col. 6, 1-15) in order to accurately set the speed of the cutting as desired (col 2, 5-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by including wherein the drive mechanism comprises the motor fitted with a speed-regulating gear in order to control the speed, said motor is adapted to drive the rollers by a chain- or belt drive in order to accurately set the speed of the cutting as desired, as taught by Neese.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Rhea as applied to claim 18 above, and further in view of USPN 5595350 Massaro.
Rhea lacks the apparatus having wherein the axis of one of the rollers is adjustable by parallel displacement of said axis, whereby its distance to the other roller is changed, and whereby the gap between the rollers is adapted to be changed in size.
Massaro discloses a dual roller crushing device (abstract, rollers 24 and 23) in the same field of endeavor as the dual roller crushing device of the present invention and discloses that such a system includes a wherein the axis of one of the rollers is adjustable by parallel displacement of said axis, whereby its distance to the other roller is changed, and whereby the gap between the rollers is adapted to be changed in size (col. 4, lines 30-55) in order to adjust the spacing of the crushing rollers based on the needs of the practitioner and thereby increase service life of the device (col 4, 34-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by including wherein the axis of one of the rollers is adjustable by parallel displacement of said axis, whereby its distance to the other roller is changed, and whereby the gap between the rollers is adapted to be changed in size in order to adjust the spacing of the crushing rollers based on the needs of the practitioner and thereby increase service life of the device as taught by Massaro.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Rhea as applied to claim 18 above, and further in view of 20090140086, Thiel.
Rhea lacks the apparatus having wherein a bearing of the lower roller is mounted in a spring-actuated slide guide.
Thiel discloses a dual roller puncturing device in the same field of endeavor as the dual roller puncturing device of the present invention and discloses that such a system includes a bearing of a lower roller (fig. 7, roller 71) mounted in a spring-actuated slide guide (86) in order to provide a load for the puncturing roll to puncture the material to be pressed (par. 0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by including wherein a bearing of the lower roller is mounted in a spring-actuated slide guide in order to provide a load for the puncturing roll to puncture the material to be pressed as taught by Thiel.
Claims 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Rhea as applied to claim 18 above, and further in view of 20180147804, Jenter.
Rhea lacks the apparatus having a method of using the dual roller according to claim 18 comprising compressing or puncturing bottles and cans in can bottle and can deposit recycling systems (Claim 33), and a method of using the dual roller according to claim 18 in a reverse vending machine (Claim 34).
Jenter discloses a dual shaft compressing machine in which, in the same field of endeavor as the dual shaft compressing machine of the present invention and discloses that such a system includes a method of using the dual roller for compressing or puncturing bottles and cans in can bottle and can deposit recycling systems in order to use the compressing device of Rhea to crush recycled goods (Claim 33), and a method of using the dual roller in a reverse vending machine, par 0002(Claim 34), in order to decrease the likelihood of a residual liquid reaching bearing on the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rhea by including a method of using the dual roller according to claim 18 comprising compressing or puncturing bottles and cans in can bottle and can deposit recycling systems (Claim 33), and a method of using the dual roller according to claim 18 in a reverse vending machine (Claim 34) in order to use the device to recycle cans and in doing so to decrease the likelihood of a residual liquid reaching bearing on the device, as taught by Jenter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20050166733 5271442, 7100649 20040168745 3880037 6698326 5740714 6026722 0909957 1286377 5226344 20160107165 5842320 5816301 D705274 5271442 7900542 4334449 5673603 disclose state of the are compressing and puncture apparatuses; while USPN/USPGPUBs 5957826 5253561 4779811 4981270 20040025658 and 3744384 disclose crushing devices with axial adjustment, while USPNs/USPGPUBs 6421988 3684142 and 20060288886 discloses reverse recyclers. Thus, each of these references disclose elements relevant to the present invention/application.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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