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 .
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 1 is rejected under 35 U.S.C. 102a1 as being anticipated by Anderson et al. (US 9,055,734).
Anderson shows a sorting system that includes a first conveyor belt 174 that can receive a first chick 154 and a second chick 154 from an upstream sorting process. The first conveyor belt 174 having a first position P1 configured to deposit the first chick in a first area A1 of a bin 136 (see the solid lines in figure 2 and the annotated figure below) and a second position P2 configured to deposit the second chick in a second area A2 of the bin (see dashed lines in figure 2). The first position P1 and the second position P2 are above portions of the bin 136. The bin receives the first chick 154 in the first area A1 and the second chick 154 in the second area A2 from the first conveyor belt 174.
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Claims 1-3 and 7-8 are rejected under 35 U.S.C. 102a1 as being anticipated by Hall (US 6,880,488).
Hall shows a sorting system that includes a first conveyor belt 43a that receives a chick 27 from a sorting process and transfers the chick to a bin 46. The first conveyor belt is configured to move to a first lateral position to deposit a first chick in a first area of the bin (see figure 5) and configured to laterally move to a second lateral position (between the position shown in figure 5 and the position shown in figure 6 as the belt reciprocates) to deposit a second chick in the second area of the bin. While it is unclear of the first conveyor belt actually deposits a second chick at a second lateral position as the belt reciprocates between the positions shown in figures 5 and 6 or if the first conveyor belt remains stationary while all the chicks are deposited in the bin, the belt is moved between first and second positions that are configured to deposit the first and second chicks in the first and second areas of the bin as required by the passive “configured to” language of the claim.
As the first conveyor belt 43a moves horizontally between the first lateral position and the second lateral position, these positions are a same height above the bin. The portions of the bin below pulley 44a at the end of the first conveyor belt when the conveyor belt 43a is in its first and second positions define a first deposit location and a second deposit location that are respectively below the first lateral position and the second deposit location. The portion of the bin located below the end of the first conveyor belt 43a between the first and second positions of the first conveyor belt may be viewed as forming a third area of the bin between the first area and the second area.
The pulley 44a forms a belt tensioner that maintains a tension of the first conveyor belt from the first lateral position to the second lateral position. The first conveyor belt further comprises a chute formed by the members 38 and/or 39 down which the chicks slide as can be seen in figure 4. The first conveyor belt further comprises at least one conveyor separator defined by the detention bar 45 or by the centrally located vertical wall shown in figure 1 between the first conveyor 43a and a second conveyor 43b over which the detention bar 45 moves.
As described above, Hall shows all the structure required by claims 1-3 and 7-8.
Claims 1-3, 7-9 and 12 are rejected under 35 U.S.C. 102a1 as being anticipated by Weldy et al. (US 3,722,477).
Weldy shows a sorting system that includes a first conveyor belt 50 that receives a chick and transfers the chick to a first bin C. The first conveyor belt is configured to move to a first lateral position to deposit a first chick in a first area of the first bin C (see figure 6) and configured to laterally move to a second lateral position (see figure 7) to deposit a second chick in a second area of the first bin C.
As the first conveyor belt 50 moves horizontally between the first lateral position and the second lateral position, these positions are a same height above the bin. The portions of the bin below pulley 90 at the end of the first conveyor belt 50 when it is in its first and second positions define a first deposit location and a second deposit location that are respectively below the first lateral position and the second deposit location. The portion of the bin located below the pulley 90 of the first conveyor belt 50 between the first and second positions of the first conveyor belt may be viewed as forming a third area of the bin between the first area and the second area.
The pulley 122 forms a belt tensioner that maintains a tension of the first conveyor belt from the first lateral position to the second lateral position.
The first conveyor belt further comprises a chute 42. The first conveyor belt further comprises at least one conveyor separator defined by the sides of the chute that maintain the first chicks on the first conveyor belt.
As described above, Weldy shows all the structure required by claims 1-3 and 7-8.
In operation the first conveyor belt moves to the first lateral position (shown in figure 6) to deposit a first chick in the first bin area of the first bin C and then it moves to a second lateral position (shown in figure 7) to deposit a second chick in the second bin area of the first bin C (see the discussion in column 4, lines 40-65). An edge of the first conveyor belt defined by pulley 90 is proximate to a top of the first bin at the first bin area. The first bin area is located to receive the first chick from the edge of the first conveyor belt. The first conveyor belt is then moved laterally from the first lateral position to the second lateral position shown in figure 7 to deposit a second chick in a second bin area of the first bin. The first lateral position and the second lateral position are a same height above the first bin because the first conveyor is moved horizontally. After first bin has been loaded, the first bin C is moved from the first bin location to a second bin location and a second bin C is moved to the first bin location by moving the truck on which the bins are mounted (see column 5, lines 20-25). The first conveyor belt is then moved to the first lateral position to deposit a third chick in a first bin area of the second bin at the first bin location. As is the case when loading the first bin, the edge of the first conveyor belt is proximate to the top of the second bin at the first bin area of the second bin. The first bin area of the second bin is located to receive the third chick from the edge of the first conveyor belt. As this is done, the pulley 122 maintains tension of the first conveyor belt.
As described above, Weldy operates with all the steps required by claim 9 and 12.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hall.
Hall shows generally all that is required by claims 4 and 10-12, including a second conveyor belt 43b which is configured to: move to a plurality of third lateral positions to deposit a plurality of third chicks in a third area of a second bin and to laterally move to a plurality of fourth lateral positions to deposit a plurality of fourth chicks in a fourth area of the second bin parallel fashion to the first conveyor belt 43a. However, Hall does not explicitly state that the system includes a plurality of second conveyor belts 43b. Hall does however state that the dual conveyor belts 43a and 43b are for illustrative purposes only and that the dual conveyor belts can be single belts or multiple belts as needed (see column 4, lines 10-15). It would have been obvious to one or ordinary skill in the art before the effective filing date of the present application to take the suggestion of Hall that there could be multiple belts to provide the system of hall with a plurality of second belts when the word multiple is taken to mean two or more. When this is done, each of the second conveyor belts would move in parallel fashion to the conveyor belt 43a and 43b. As described above, Hall shows all the structure required by claim 4.
When a plurality of second conveyor belts is provided as described above, the resulting system would have all the structure required by claim 4.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,245,572. In particular claims 1 and 5 of the present application are unpatentable over claim 1 of the patent, claim 2 the present application is unpatentable over claim 2 of the patent, claim 3 the present application is unpatentable over claim 3 of the patent, claim 4 the present application is unpatentable over claim 4 of the patent, claim 6 the present application is unpatentable over claim 5 of the patent, claim 7 of the present application is unpatentable over claim 6 of the patent, claims 8 of the present application is unpatentable over claim 7 of the patent, claim 9 of the present application is unpatentable over claim 8 of the patent, claim 10 of the present application is unpatentable over claim 9 of the patent, and claim 11 of the present application is unpatentable over claim 10 of the patent. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are nearly identical in scope to the claims of the patent with the only difference being that the first and second postions are no longer recited as lateral positions. As the claims of the present application are generic to all that is claimed in the patent such the claims of the patent fully encompass the claim of the present application.
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.
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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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