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
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 211678155 (Liu) (provided by the applicant).
In Re claim 1 Liu discloses a filling device for filling matter into a device (Figure 3), wherein the filling device comprises: a plurality of moving elements including: multiple walls (511 and 311) that are actuated by hydraulic cylinders (41); and multiple folding corners that are rigid two-part elements connected by an articulating pivot (312).
In Re claim 2 Liu discloses a hinge (hinge shown connected to element 312 in Figure 4).
In Re claim 3 Liu discloses rotatably mounted elements (walls 511 rotate under action of pistons 41).
In Re claim 4 Liu discloses 4 movable walls (511).
In Re claim 5 Liu discloses multiple folding corners positioned between the multiple walls (312, shown in Figure 3).
In Re claim 6 Liu discloses a dimension which is changed by moving the elements (length is changed by rotating elements in Figure 3).
In Re claim 7 Statements of intended use are accorded patentable weight only where they affect the function of the apparatus. In this case Liu could move the elements into a perpendicular position and a less than perpendicular position.
In Re claim 8 Statements of intended use are accorded patentable weight only where they affect the function of the apparatus. In this case Liu could move the elements from an almost horizontal position into an almost perpendicular position and back.
In Re claim 9 Liu discloses a folding funnel (shown in Figure 6).
In Re claim 11 Liu discloses walls (511 and 311).
In Re claim 12 Liu discloses changing a length of the device by moving the elements (element movable to adjust length shown in Figure 6).
In Re claim 13 Liu discloses a comminuting device (abstract).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON K NIESZ/Primary Examiner, Art Unit 3753
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