DETAILED CORRESPONDENCE
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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, Species A in the reply filed on 03/12/2026 is acknowledged.
Status of Claims
This Office Action is in response to the application filed on 01/23/2025. Claims 1-20 are presently pending and are presented for examination.
Claims 10-16 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/12/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 01/23/2025 and 08/14/2025 were filed and are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
Claim Objections
Claims 1-3, 8 and 18 are objected to because of the following informalities:
Claim 1 line 1 reads “device comprising an”, --device, comprising: an-- is suggested.
Claim 1 line 8 reads “the location”, --a location-- is suggested.
Claim 2 line 2 reads “to rotation”, --to the rotation-- is suggested.
Claim 3 line 3 reads “to rotation”, --to the rotation-- is suggested.
Claim 3 line 6 reads “that rotation”, --that the rotation-- is suggested.
Claim 8 line 2 reads “an outer”, --the outer-- is suggested.
Claim 18 line 7 reads “bearing is provided”, --bearings are provided-- is suggested.
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.
Claims 3-7 and 18-19 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.
Claims 3-7 and 18-19 recite the words “preferably”, “optionally”, “typically” and “may”. It is unclear if the limitations following the above words are required or optional. In the interest of compact prosecution, the Examiner has considered all limitations after words listed above as optional. If Applicant wishes the limitations to be required, the claims must be amended to positively recite the limitations.
Claim 7 line 18 recites the limitation “a close fit”. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 7 line 24 recite the limitation “an axis”. It is unclear if this limitation is referring to the shaft axis, the central axis, the offset axis, or if this limitation requires an additional axis.
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.
(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.
Claim(s) 1-9 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Szczelina (US 10512916 B2).
Regarding claim 1, Szczelina discloses a material processing device (see Fig. 1) comprising an operating mechanism (11) for operating said material processing device, the operating mechanism comprising a shaft (16) rotatable about a shaft axis (26), the shaft being coupled to a movable part (18) of said material processing device in order to translate rotation of said shaft into oscillatory movement of said movable part, wherein the shaft comprises a coupling portion (12) by which said shaft is coupled to said movable part, said coupling portion having a central axis (29), and wherein, in at least one configuration, said central axis is parallel with said shaft axis and said coupling portion is eccentric with respect to said shaft axis (see Fig. 1), and wherein said coupling portion is configurable to adjust the location of said central axis with respect to said shaft axis in order to adjust the eccentricity (e) of said coupling portion with respect to said shaft axis (see column 6 lines 29-48, wherein “If it is sought to adjust the eccentricity e…a rotation of the eccentric bushing 12 on the eccentric section 19 may be performed manually or by way of a corresponding device”).
Regarding claim 2, Szczelina discloses in said at least one configuration, in response to rotation of said shaft (16) about said shaft axis (26), said coupling portion (12) rotates eccentrically about said shaft axis, or rotates eccentrically with respect to the shaft axis (see Fig. 1).
Regarding claim 3, Szczelina discloses in at least one other configuration, said central axis (26) is coincident or substantially coincident with said shaft axis (26; see column 4 lines 5-8, wherein “the eccentric bushing can assume a rotational position relative to the eccentric element such that the minimum value of the movement travel of the crushing member assumes a value zero”), and wherein, preferably, in said at least one other configuration, in response to rotation of said shaft about said shaft axis, said coupling portion rotates concentrically, or substantially concentrically, with said shaft, and wherein, optionally, in said at least one other configuration said coupling portion is configured such that rotation of said shaft about said shaft axis causes said coupling portion to impart no movement, or substantially no movement, to said movable part.
Regarding claim 4, Szczelina discloses at least part of said coupling portion (12) is rotatable about an offset axis (axis of 19) that is parallel with, and preferably in a fixed location with respect to, said shaft axis (26), said at least part of said coupling portion, or at least an outer surface thereof, being eccentric with respect to said offset axis (see Fig. 5), and wherein, preferably, the entire coupling portion is rotatable about said offset axis.
Regarding claim 5, Szczelina discloses said coupling portion (12) is coupled to said movable part (18) by an outer surface of said coupling portion (outer surface of 12), said outer surface typically being centred on said central axis.
Regarding claim 6, Szczelina discloses said coupling portion (12) has an annular outer surface (see Fig. 5), said annular outer surface preferably being circular, or substantially circular, in transverse cross-section.
Regarding claim 7, Szczelina discloses said coupling portion (12) comprises an annular structure (see Fig. 5), preferably in the form of a sleeve, rotatable about an offset axis (axis of 19) that is parallel with, and preferably in a fixed location with respect to, said shaft axis (26), said annular structure, or at least an outer surface of said annular structure, being eccentric with respect to said offset axis (see Fig. 5), and wherein said annular structure is preferably an outer part of said coupling portion, and is preferably rotatable about said offset axis with respect to an inner part of said coupling portion, and wherein, preferably, said inner part of said coupling portion comprises an offset shaft portion centred on said offset axis, said annular structure being located around said offset shaft portion and rotatable with respect to said offset shaft portion about said offset axis, said offset shaft portion preferably being part of said shaft, and wherein said annular structure may have an annular outer surface (outer surface of 12), said annular outer surface preferably being circular, or substantially circular, in transverse cross-section, and/or wherein said offset shaft portion may have an annular outer surface, said annular outer surface preferably being circular, or substantially circular, in transverse cross- section, and said annular structure has a corresponding annular inner surface, said annular inner surface preferably being circular, or substantially circular, in transverse cross-section, and wherein, preferably, said offset shaft portion and annular structure are correspondingly shaped and dimensioned preferably such that said inner surface of said annular structure and said outer surface of said offset shaft portion engage with each other, preferably having a close fit with each other, while allowing relative rotation between said annular structure and said offset shaft portion about said offset axis, and wherein, optionally, said annular structure has an annular outer surface, said annular outer surface preferably being circular, or substantially circular, in transverse cross-section, and an annular inner surface, said annular inner surface preferably being circular, or substantially circular, in transverse cross-section, wherein said inner surface is centred on said offset axis and said outer surface is centred on an axis parallel with said offset axis, and wherein said outer surface of said annular structure is preferably centred on said central axis.
Regarding claim 8, Szczelina discloses said coupling portion (12) is coupled to said movable part (18) by an outer surface of said annular structure (outer surface of 12).
Regarding claim 9, Szczelina discloses wherein rotation of said annular structure (outer surface of 12) about said offset axis (axis of 19) moves said central axis (29) with respect to said shaft axis (26).
Regarding claim 17, Szczelina discloses in said at least one configuration said coupling portion (12) is configured such that rotation of said shaft (16) about said shaft axis (26) causes said coupling portion to impart corresponding oscillatory movement to said movable part (18).
Regarding claim 18, Szczelina discloses said movable part (18) includes a coupling structure (structure of 18 surrounding 11), preferably in the form of a sleeve or other annular structure, the coupling structure being located around at least said coupling portion (12) of said shaft (16) and being coupled to the coupling portion to allow rotation of said coupling portion with respect to said coupling structure and to cause said coupling portion to impart oscillatory movement to said movable part upon rotation of said shaft about said shaft axis when in said at least one configuration (see Fig. 1), and wherein, optionally, one or more bearing is provided between the coupling portion and the coupling structure to facilitate rotation of said coupling portion within said coupling structure.
Regarding claim 19, Szczelina discloses said material processing device is a crusher (see Abstract, wherein a crusher is disclosed), preferably a jaw crusher, and said movable part (18) is a crushing part of said crusher (see Abstract, wherein a jaw type crusher is disclosed), preferably a movable jaw of said jaw crusher.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
US 20180304270 A1, US 9937500 B2, US 20180071742 A1, US 20160288127 A1 and US 20140048636 A1 discloses jaw crushers with eccentric shafts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618