DETAILED ACTION
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 .
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 two lateral wall sections extending substantially parallel to each other of claim 12 must be shown or the feature(s) canceled from the claim(s). While the lateral wall sections approach parallel at their output ends as, the figures do not show wall sections that are parallel as suggested by the language of the claims. 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 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.
Claim 10 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.
Regarding claim 10, the word "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 1, 3-5, 7-11, 18, and 20 are rejected under 35 U.S.C. 102a1 as being anticipated by Kasai et al. (EP 0 395 194).
In regard to claim 1, Kasai shows a feed apparatus for feeding a link of sausages L composed of a plurality of sausages to a further processing apparatus 15 for further processing the link of sausages. The apparatus includes a frame 13 a feeder element 37 arranged on the frame (see column 13, lines 35-40) for feeding the link of sausages to the further processing apparatus 15. The feeder element 37 has a surface 37A on which the link of sausages lies during operation and is moved in a feeding direction towards the further processing apparatus. The surface of the feeder element is funnel- shaped and concave, such that the sausages that move in the feeding direction are deflected inwards, relative to the feeding direction, from peripheral areas 37A’/37B/X of the surface, at least in sections (see the annotated figure below).
In regard to claim 3, the surface of the feeder element defines a feed cross-section which extends substantially transversely to the feeding direction and which progressively decreases in the feeding direction, at least in sections (see the relative cross sections at X and Y).
In regard to claim 4, the feed cross-section defined by the surface is substantially U-shaped along at least one section in the feeding direction (see the vertical section 37B/X and the upwardly inclined section 37A’ on the opposite side).
In regard to claim 5, the surface of the feeder element forms an upwardly open feed hopper that narrows in the feeding direction along at least one section in the feeding direction. The surface is substantially step-free (see figure 10).
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In regard to claim 7, a width of the surface, measured at its upper boundary, decreases at least in sections in the feeding direction (see the decreasing width as the edge 37A converged toward the outlet).
In regard to claim 8, the surface has at substantially straight profile along one section in the feeding direction (see figure 10).
In regard to claim 9, the surface of the feeder element defines, at least in sections, a first receiving area A in the feeding direction for depositing the link of sausages.
In regard to claim 10, the receiving area is substantially planar (see figure 10).
In regard to claim 11, the surface defines a dispensing area D for dispensing the link of sausages and which has a smallest width or a smallest feed cross-section.
In regard to claim 18, the feeder element is made of a flat belt like material and the entire feeder element is designed in the shape of a funnel with a width that decreases in the feeding direction of the link of sausages (see figure 10).
In regard to claim 20, it should be noted that the above described feed apparatus is part of an apparatus for further processing a link of sausages. This apparatus includes at least one conveyor 16/17/18 which takes delivery of the link of sausages and conveys them in a conveying direction. The above described feed apparatus is arranged upstream from the conveyor.
Claims 1-12 and 19-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Shliesser (EP 0 743 008).
In regard to claim 1, Shliesser shows a feed apparatus for feeding a link of sausages composed of a plurality of sausages to a further processing apparatus 5/6 for further processing the link of sausages. The apparatus includes a frame 4/8 a feeder element 7 arranged on the frame for feeding the link of sausages to the further processing apparatus 5/6. The feeder element 7 has a surface S on which the link of sausages lies during operation and is moved in a feeding direction towards the further processing apparatus. The surface of the feeder element is funnel- shaped and concave, such that the sausages that move in the feeding direction are deflected inwards, relative to the feeding direction, from peripheral areas PA of the surface, at least in sections (see the annotated figure below).
In regard to claim 2, the peripheral areas of the surface become increasingly steep in the feeding direction, such that the sausages are increasingly deflected inwards radially due to the increasing steepness (see the less steep areas at the input end 10 compared with the vertical areas at the output end 11).
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In regard to claim 3, the surface of the feeder element defines a feed cross-section which extends substantially transversely to the feeding direction and which progressively decreases in the feeding direction, at least in sections (see the relative cross sections at 10 and 11).
In regard to claim 4, the feed cross-section defined by the surface is substantially U-shaped along at least one section in the feeding direction (see surface S between the notch 9 and the outlet end 11).
In regard to claim 5, the surface of the feeder element forms an upwardly open feed hopper that narrows in the feeding direction along at least one section in the feeding direction. The surface is substantially step-free (see figure 2).
In regard to claim 6, the feed cross-section defined by the surface of the feeder element is formed at least in some areas by a radius R which decreases in the feeding direction.
In regard to claim 7, a width of the surface, measured at its upper boundary B, decreases at least in sections in the feeding direction (see fig 2).
In regard to claim 8, the surface has at substantially concavely curved profile along one section in the feeding direction (see figure 2).
In regard to claim 9, the surface of the feeder element defines, at least in sections, a first receiving area A in the feeding direction for depositing the link of sausages.
In regard to claim 10, the receiving area has a concave curvature (see figure 2).
In regard to claim 11, the surface defines a dispensing area 11 for dispensing the link of sausages and which has a smallest width or a smallest feed cross-section.
In regard to claim 12, two lateral wall sections adjacent the upper boundary B extend substantially parallel to each other in the dispensing area in addition to the concave curvature of the surface.
In regard to claim 19, the feeder element is made of an elastically and/or plastically deformable material, namely plastic (see translation paragraph 0018).
In regard to claim 20, it should be noted that the above described feed apparatus is part of an apparatus for further processing a link of sausages. This apparatus includes at least one conveyor 5/6 which takes delivery of the link of sausages and conveys them in a conveying direction. The above described feed apparatus is arranged upstream from the conveyor.
Allowable Subject Matter
Claim13-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A DEUBLE whose telephone number is (571)272-6912. The examiner can normally be reached Monday-Friday flex schedule.
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.
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/MARK A DEUBLE/Primary Examiner, Art Unit 3651
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