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 7 is objected to because of the following informalities: “less perpendicular position” should read “less than perpendicular position”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 5 and 11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation “wherein a folding corner is arranged once or twice in each case, between two or more elements of the filling device.” It is not clear what this limitation means. What is meant by a folding corner which is arranged twice between elements of the filling device?
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 does not further limit claim 1 from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 7,736,057 (VanBost).
In Re claim 1 VanBost discloses a filling device for filling matter into a destination, wherein the filling device comprises a plurality of movable elements (walls 108).
In Re claim 2 VanBost discloses elements comprising walls and hinges (walls 108 and living hinges connecting walls 108 to walls 104).
In Re claim 3 VanBost discloses walls which are rotatably mounted (walls rotating between positions shown in Figures 4 and 5).
In Re claim 4 VanBost discloses four movable walls (108).
In Re claim 5 VanBost discloses a folding corner arranged between the walls (110).
In Re claim 6 VanBost discloses that a width of the funnel can be changed by rotating the walls funnel of different widths shown in Figures 4, 5, and 7).
In Re claim 7 VanBost discloses elements which can be moved from one position into a less than perpendicular position (Movement shown between position in Figure 5 and less than perpendicular position in Figure 4).
In Re claim 8 VanBost discloses elements which can be moved from an almost horizontal position into an almost perpendicular position and vice versa (movement shown from almost horizontal position in Figure 5 to almost perpendicular position in Figure 4)
In Re claim 9 VanBost discloses a folding funnel (100).
In Re claim 10 VanBost discloses a device comprising a filling device (folding funnel 100).
In Re claim 11 VanBost discloses walls (108) joined by folding corners (106).
In Re claim 13 statements of intended use are considered anticipated where a prior art device could perform the claimed use. In this case, the VanBost funnel could be used to feed a comminuting device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PGPub 2007/0062607 discloses a folding funnel having rotatable walls joined by folding corners. US Patent 5,031,277 discloses a funnel having movable wall sections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KAROL NIESZ whose telephone number is (571)270-3920. The examiner can normally be reached M-F 9-5 EST.
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/JASON K NIESZ/Primary Examiner, Art Unit 3753