CTNF 19/012,131 CTNF 97735 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-29-01 AIA Claim s 11 and 12 are objected to because of the following informalities: Claims 11 and 12 are unclear in the way they are written whether they are independent claims or dependent claims. If they are intended to be independent claims, they should include all the limitations of the claims they are referring to, without reference of another claim. If they are dependent, they should include the same preamble as the independent claim from which they depend . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-12 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kulick (United States Patent US 10,807,804 B2) . Regarding Claim 1, Kulick teaches A method for determining a chain elongation value of a conveyor chain comprising: a) driving a conveyor at a first speed via the conveyor chain when the conveyor chain is in an initial condition,b) while driving the conveyor at the first speed, using a sensor to detect a first time at which a first target element arranged at a first end of a first pin of the conveyor chain passes the sensor,c) while driving the conveyor at the first speed, using the senor to detect a second time at which a second target element arranged at a first end of a second pin of the conveyor chain passes the sensor,d) determining as a reference duration a difference between the first time and the second time,e) after step d, using the conveyor to convey material at a second speed,f) while using the conveyor to convey the material at the second speed, using the sensor to detect a third time at which the first target element passes the sensor,g) while using the conveyor to convey the material at the second speed, using the sensor to detect a fourth time at which the second target element passes the sensor,h) determining as a first duration a difference between the third time and the fourth time, and i) determining the chain elongation value from the first duration and the reference duration.. Regarding Claim 2, Kulick teaches the method according to claim 1, as seen above. Kulick further discloses wherein the material is not present on the conveyor during steps a-c, (Column 14, lines 5-49: "When the position sensors sense the position of the target or targets 98 on each chain 16 and 18, the position sensors send signals to monitor the position of the target or targets on each chain 16 and 18 with respect to the target or targets on the other respective chain 18 and 16 to assure that the target or targets, and therefore the end portions 48, 50 and extended ends of the flights 14 or other transverse members are in transverse alignment within predetermined tolerance limits for the particular use of the conveyor and the flights or other transverse members carried by the chains based on the proximity of the target or targets on each chain with respect to the position sensor fixed adjacent to the chain. Since the target or targets are a known distance from the transverse members or flights 14 attached to the chains at their end portions 48, 50, the alignment of the end portions 48 on one chain can be determined with respect to end portions 50 on the other chain, the alignment of the flights with respect to the chains and to any adjacent spaced flight can be determined and monitored. The alignment regarding the proximity of the position sensors to the respective targets associated with the same transverse member or flight 14 at its opposite end portions 48, 50 on the different chains is determined as to whether the opposite end portions of the member attached to a respective chain are in transverse alignment within predetermined tolerance limits based on timing of the respective signals from the respective position sensors. The position sensors send a signal every time the position sensors are in close proximity of the targets adjacent the position sensors. The programming of the processor receiving the signals determine if the timing of the signals from the position sensors adjacent each chain exceed the predetermined timing tolerance limits, indicating that the targets 98 associated with the respective end portions 48, 50 of the transverse members or flights 14 are misaligned. The processor then sends a misalignment signal that can be visual or auditory or both to alert an operator to stop the conveyor 12 and to inspect, adjust, repair or replace the chain or any components of the conveyor system. Alternatively and preferably, the processor receives the signals from the position sensors regarding the relative proximity of the location of the target or targets with respect to the position sensors 102, 104 fixed adjacent to the respective chains to automatically stop the conveyor 12, so that the chains, sprockets and other components of the apparatus can be adjusted, repaired or replaced.", wherein a predetermined tolerance limit could be determined based on the particular uses of the conveyor, wherein determining reference points for elongation from a conveyor not under load is common in the art)and wherein the first speed is equal to the second speed.(Columns 3-4, lines 47-4: "The aspect of the present invention relating to the transverse member or flight position monitoring system uses induction or magnetism regarding the target associated with the chain pin, link, and/or flight attachment link position to determine the alignment of the flight within the basin. In one embodiment, as the chain moves the pin past the sensor, a signal is generated which indicates the position of the target in relation to the sensor. Each chain generates a signal that is compared to the other based on an algorithm (described below with respect to the flow chart of FIG. 13) that takes into account the nominal difference or allowable time between signal pulses. The pulsed signal will have a start and stop (beginning and end) based on the field of influence between the sensor and target. Multiple potential specific algorithms exist to trigger a misalignment and a warning or shutdown event. The start time, stop time, average of start and stop times, or any reasonable combination can be used to trigger the actual position. This aspect uses a target and position sensor that are unaffected by the nature of the wastewater or other liquid with suspended solids present and is less influenced in non-submerged applications in its ability to operate in climates where freezing is prevalent. The water-tight target and sensor can be submerged to eliminate the potential for ice buildup during normal operation.", wherein determining possible elongation solely based upon comparisons of recorded time between signal pulses implies the system maintains the same speed level throughout operation) Regarding Claim 3, Kulick teaches the method according to claim 1, as seen above. Kulick further discloses wherein the first pin and the second pin are immediately adjacent to each other.(Figure 10B: Pins 86) Regarding Claim 4, Kulick teaches the method according to claim 1, as seen above. Kulick further discloses wherein the chain elongation value is denoted VE and VE calculated as: VE= D1-Dref/Dref where D1 is the first duration and Dref is the reference duration.(Columns 3-4, lines 47-4: "The aspect of the present invention relating to the transverse member or flight position monitoring system uses induction or magnetism regarding the target associated with the chain pin, link, and/or flight attachment link position to determine the alignment of the flight within the basin. In one embodiment, as the chain moves the pin past the sensor, a signal is generated which indicates the position of the target in relation to the sensor. Each chain generates a signal that is compared to the other based on an algorithm (described below with respect to the flow chart of FIG. 13) that takes into account the nominal difference or allowable time between signal pulses. The pulsed signal will have a start and stop (beginning and end) based on the field of influence between the sensor and target. Multiple potential specific algorithms exist to trigger a misalignment and a warning or shutdown event. The start time, stop time, average of start and stop times, or any reasonable combination can be used to trigger the actual position. This aspect uses a target and position sensor that are unaffected by the nature of the wastewater or other liquid with suspended solids present and is less influenced in non-submerged applications in its ability to operate in climates where freezing is prevalent. The water-tight target and sensor can be submerged to eliminate the potential for ice buildup during normal operation.", wherein algorithm calculates misalignment based on differences between time of signal pulses, similar to the equation as claimed) Regarding Claim 5, Kulick teaches the method according to claim 1, as seen above. Kulick further discloses including producing a warning signal in response to a determination that the chain elongation value is greater than or equal to a predetermined value.(Columns 3-4, lines 47-4: "The aspect of the present invention relating to the transverse member or flight position monitoring system uses induction or magnetism regarding the target associated with the chain pin, link, and/or flight attachment link position to determine the alignment of the flight within the basin. In one embodiment, as the chain moves the pin past the sensor, a signal is generated which indicates the position of the target in relation to the sensor. Each chain generates a signal that is compared to the other based on an algorithm (described below with respect to the flow chart of FIG. 13) that takes into account the nominal difference or allowable time between signal pulses. The pulsed signal will have a start and stop (beginning and end) based on the field of influence between the sensor and target. Multiple potential specific algorithms exist to trigger a misalignment and a warning or shutdown event. The start time, stop time, average of start and stop times, or any reasonable combination can be used to trigger the actual position. This aspect uses a target and position sensor that are unaffected by the nature of the wastewater or other liquid with suspended solids present and is less influenced in non-submerged applications in its ability to operate in climates where freezing is prevalent. The water-tight target and sensor can be submerged to eliminate the potential for ice buildup during normal operation.") Regarding Claim 6, Kulick teaches the method according to claim 1, as seen above. Kulick further discloses wherein the first target element comprises a first magnet assembly, the second target element comprises a second magnet assembly and the sensor is a Hall effect sensor.(Column 15, lines 23-36: "This inventive concept of monitoring a home position associated with an endless chain can involve various types of position sensors that operate based on the proximity of a target of any type and any type of position sensor. The targets can have a mechanical element such as a cam or extension that can trip a mechanical switch or flexible feelers that can be associated with a switch, for instance. Lasers or other optical sensors can sense targets that can be in the form of bar codes on labels, as another non-limiting example. In environments where freezing of liquids like water may be an issue for mechanical systems, or murkiness of the environment may make optical sensing unreliable, the targets and position sensors can operate on the basis of induction or magnetism.") Regarding Claim 7, Kulick teaches the method according to claim 6, as seen above. Kulick further discloses wherein the first magnet assembly comprises: a first magnet having a through hole, a first screw passing through the through hole of the first magnet and engaging in a tapered hole in the first end of the first pin, and wherein the second magnet assembly comprises: a second magnet having a second through hole, a second screw passing through the second through hole of the second magnet and engaging in a tapered hole in the first end of the second pin.(Column 12, lines 37-52: "The preferred locations 100 of the targets 98 are in the hollow portions or bores 96 of the pins 86 connecting the links 72, as most clearly seen in FIG. 7. The location of the targets in the bores of the pins is also shown at three exemplary locations 100 in FIG. 4. By placing the targets 98 in the locations 100 in the bores 96 of the pins, the targets can be retained more positively and readily by friction or encapsulated within the bores 96, such as by epoxy or other waterproof sealant which would protect the targets, for example, from the scum or settled solids or other components of the wastewater being treated. Presently, it is preferred to use adhesive to attach the targets to the chain, either directly on the chain or also as preferred, within the bore 96 of the pin 86. However, mechanical fasteners, such as screws, can be used to attach the targets to the side members 74A or 74B of the links 72.", wherein mounting the magnets within the pin by a through screw is a non-novel obvious retainment method) Regarding Claim 8, Kulick teaches A device for determining a chain elongation value of a conveyor chain comprising: a first target element configured to be arranged at a first end of a first pin of the conveyor chain, a second target element configured to be arranged at a first end of a second pin of the conveyor chain, a sensor configured to detect a passage of the first target element and the second target element when the chain is driven, first determining means for determining a reference duration between a first time at which the first target element passes the sensor and a second time at which the second target element passes the sensor and a first duration between a third time at which the first target element passes the sensor and a fourth time at which the second target element passes the sensor, and second determining means for determining the chain elongation value from the first duration and the reference duration.(Columns 3-4, lines 47-4: " The aspect of the present invention relating to the transverse member or flight position monitoring system uses induction or magnetism regarding the target associated with the chain pin, link, and/or flight attachment link position to determine the alignment of the flight within the basin. In one embodiment, as the chain moves the pin past the sensor, a signal is generated which indicates the position of the target in relation to the sensor. Each chain generates a signal that is compared to the other based on an algorithm (described below with respect to the flow chart of FIG. 13) that takes into account the nominal difference or allowable time between signal pulses. The pulsed signal will have a start and stop (beginning and end) based on the field of influence between the sensor and target. Multiple potential specific algorithms exist to trigger a misalignment and a warning or shutdown event. The start time, stop time, average of start and stop times, or any reasonable combination can be used to trigger the actual position. This aspect uses a target and position sensor that are unaffected by the nature of the wastewater or other liquid with suspended solids present and is less influenced in non-submerged applications in its ability to operate in climates where freezing is prevalent. The water-tight target and sensor can be submerged to eliminate the potential for ice buildup during normal operation.", and further Column 14, lines 5-49: "When the position sensors sense the position of the target or targets 98 on each chain 16 and 18, the position sensors send signals to monitor the position of the target or targets on each chain 16 and 18 with respect to the target or targets on the other respective chain 18 and 16 to assure that the target or targets, and therefore the end portions 48, 50 and extended ends of the flights 14 or other transverse members are in transverse alignment within predetermined tolerance limits for the particular use of the conveyor and the flights or other transverse members carried by the chains based on the proximity of the target or targets on each chain with respect to the position sensor fixed adjacent to the chain. Since the target or targets are a known distance from the transverse members or flights 14 attached to the chains at their end portions 48, 50, the alignment of the end portions 48 on one chain can be determined with respect to end portions 50 on the other chain, the alignment of the flights with respect to the chains and to any adjacent spaced flight can be determined and monitored. The alignment regarding the proximity of the position sensors to the respective targets associated with the same transverse member or flight 14 at its opposite end portions 48, 50 on the different chains is determined as to whether the opposite end portions of the member attached to a respective chain are in transverse alignment within predetermined tolerance limits based on timing of the respective signals from the respective position sensors. The position sensors send a signal every time the position sensors are in close proximity of the targets adjacent the position sensors. The programming of the processor receiving the signals determine if the timing of the signals from the position sensors adjacent each chain exceed the predetermined timing tolerance limits, indicating that the targets 98 associated with the respective end portions 48, 50 of the transverse members or flights 14 are misaligned. The processor then sends a misalignment signal that can be visual or auditory or both to alert an operator to stop the conveyor 12 and to inspect, adjust, repair or replace the chain or any components of the conveyor system. Alternatively and preferably, the processor receives the signals from the position sensors regarding the relative proximity of the location of the target or targets with respect to the position sensors 102, 104 fixed adjacent to the respective chains to automatically stop the conveyor 12, so that the chains, sprockets and other components of the apparatus can be adjusted, repaired or replaced.") Regarding Claim 9, Kulick teaches the device according to claim 8, as seen above. Kulick further discloses further comprising: warning means for producing a warning signal in response to a determination that the chain elongation value is greater than or equal to a predetermined value.(Columns 3-4, lines 47-4: "The aspect of the present invention relating to the transverse member or flight position monitoring system uses induction or magnetism regarding the target associated with the chain pin, link, and/or flight attachment link position to determine the alignment of the flight within the basin. In one embodiment, as the chain moves the pin past the sensor, a signal is generated which indicates the position of the target in relation to the sensor. Each chain generates a signal that is compared to the other based on an algorithm (described below with respect to the flow chart of FIG. 13) that takes into account the nominal difference or allowable time between signal pulses. The pulsed signal will have a start and stop (beginning and end) based on the field of influence between the sensor and target. Multiple potential specific algorithms exist to trigger a misalignment and a warning or shutdown event. The start time, stop time, average of start and stop times, or any reasonable combination can be used to trigger the actual position. This aspect uses a target and position sensor that are unaffected by the nature of the wastewater or other liquid with suspended solids present and is less influenced in non-submerged applications in its ability to operate in climates where freezing is prevalent. The water-tight target and sensor can be submerged to eliminate the potential for ice buildup during normal operation.") Regarding Claim 10, Kulick teaches the device according to claim 9, as seen above. Kulick further discloses wherein the first target element comprises a first magnet assembly, the second target element comprises a second magnet assembly and the sensor is a Hall effect sensor,(Column 15, lines 23-36: "This inventive concept of monitoring a home position associated with an endless chain can involve various types of position sensors that operate based on the proximity of a target of any type and any type of position sensor. The targets can have a mechanical element such as a cam or extension that can trip a mechanical switch or flexible feelers that can be associated with a switch, for instance. Lasers or other optical sensors can sense targets that can be in the form of bar codes on labels, as another non-limiting example. In environments where freezing of liquids like water may be an issue for mechanical systems, or murkiness of the environment may make optical sensing unreliable, the targets and position sensors can operate on the basis of induction or magnetism.")wherein the first magnet assembly comprises a first magnet having a through hole, a first screw passing through the through hole of the first magnet and engaging in a tapered hole in the first end of the first pin, and wherein the second magnet assembly comprises a second magnet having a second through hole, a second screw passing through the second through hole of the second magnet and engaging in a tapered hole in the first end of the second pin.(Column 12, lines 37-52: "The preferred locations 100 of the targets 98 are in the hollow portions or bores 96 of the pins 86 connecting the links 72, as most clearly seen in FIG. 7. The location of the targets in the bores of the pins is also shown at three exemplary locations 100 in FIG. 4. By placing the targets 98 in the locations 100 in the bores 96 of the pins, the targets can be retained more positively and readily by friction or encapsulated within the bores 96, such as by epoxy or other waterproof sealant which would protect the targets, for example, from the scum or settled solids or other components of the wastewater being treated. Presently, it is preferred to use adhesive to attach the targets to the chain, either directly on the chain or also as preferred, within the bore 96 of the pin 86. However, mechanical fasteners, such as screws, can be used to attach the targets to the side members 74A or 74B of the links 72.", wherein mounting the magnets within the pin by a through screw is a non-novel obvious retainment method) Regarding Claim 11, Kulick teaches A conveyor comprising: a chain having a first pin and a second pin, Anda device according toa device according to Claim 10, as seen above, wherein the first target element is mounted on the first end of the first pin and the second target element is mounted at the first end of the second pin.(Column 12, lines 53-63: "The targets in the hollow portions or bores 96 of the pins 86 or elsewhere on the chains can be spaced a common predetermined distance between the transverse members or flights 14 on or along each chain 16 and 18. The common predetermined distance of the targets located between the flights 14 can be evenly spaced, but need not be evenly spaced. The even spacing provides consistency in location of the target and in assembly, as well as the orientation and target signal generation and processing for monitoring the transverse alignment of the transverse members or flights 14.") Regarding Claim 12, Kulick teaches A conveyor comprising: a chain having a first pin and a second pin, and a device according toa device according to Claim 8, as seen above, wherein the first target element is mounted on the first end of the first pin and the second target element is mounted at the first end of the second pin.(Column 12, lines 53-63: "The targets in the hollow portions or bores 96 of the pins 86 or elsewhere on the chains can be spaced a common predetermined distance between the transverse members or flights 14 on or along each chain 16 and 18. The common predetermined distance of the targets located between the flights 14 can be evenly spaced, but need not be evenly spaced. The even spacing provides consistency in location of the target and in assembly, as well as the orientation and target signal generation and processing for monitoring the transverse alignment of the transverse members or flights 14.") Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. United States Patent US 9,139,376 B2 (Andreoli, Andrea): Andreoli teaches a similar monitoring system comprising a reference element, transport chain, sensors, counting means, and computing means as seen in Figure 2. United States Patent US 6,851,546 B2 (Lodge, Christopher): Lodge teaches a similar chain wear monitoring method comprising sensor, markers, a chain drive and a detector to detect time delay between markers as seen in Figure 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABBY A JORGENSEN/Examiner, Art Unit 3651 /GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651 Application/Control Number: 19/012,131 Page 2 Art Unit: 3651 Application/Control Number: 19/012,131 Page 3 Art Unit: 3651 Application/Control Number: 19/012,131 Page 4 Art Unit: 3651 Application/Control Number: 19/012,131 Page 5 Art Unit: 3651 Application/Control Number: 19/012,131 Page 6 Art Unit: 3651 Application/Control Number: 19/012,131 Page 7 Art Unit: 3651 Application/Control Number: 19/012,131 Page 8 Art Unit: 3651 Application/Control Number: 19/012,131 Page 9 Art Unit: 3651 Application/Control Number: 19/012,131 Page 10 Art Unit: 3651 Application/Control Number: 19/012,131 Page 11 Art Unit: 3651 Application/Control Number: 19/012,131 Page 12 Art Unit: 3651 Application/Control Number: 19/012,131 Page 13 Art Unit: 3651 Application/Control Number: 19/012,131 Page 14 Art Unit: 3651
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