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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-7, 12-14, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duchemin U.S. Patent No. 9,975,655.
Claim 1, Duchemin teaches a system Fig. 2 for sorting a plurality of preformed articles 3, the system comprising: a sorting assembly 4 including a base 1, the base 1 having a first end region, a second end region, a horizontal axis and a vertical axis Fig. 3; a conveyor 2 configured to transport a first preformed article 3 and a second preformed article 3 toward the sorting assembly 4 C3 L60-67; C4 L1-25; and a drive assembly 6 positioned between the sorting assembly 4 and the conveyor 2, wherein the drive assembly 6 is configured to receive the first preformed article 3 and the second preformed article 3 from the conveyor 2 and transport them from the conveyor onto the base 1; wherein the sorting assembly 4 is configured to shift the base 1 along the horizontal axis, the vertical axis or along both the horizontal axis and the vertical axis to align the first preformed article 3 with the second preformed article 3 C5 L20-45.
Claim 2, Duchemin teaches the drive assembly 6 is configured to sequentially receive the first preformed article 3 and the second preformed article 3 from the conveyor 2 and transport them from the conveyor 2 onto the base 1 C5 L20-45.
Claim 3, Duchemin teaches the drive assembly 6 includes a first wheel (roller of conveyor belt as known to be used in conveyor systems), a second wheel (roller of conveyor belt as known to be used in conveyor systems) and a drive motor wheel (as known to be used in conveyor systems)operatively coupled to the first wheel, and wherein the first wheel and the second wheel are configured to receive and transport the first preformed article 3 and the second preformed article 3 onto the base 1 C5 L20-45.
Claim 4, Duchemin teaches the base 1 includes one or more alignment regions 8 positioned between the first end region of the base 1 and the second end region of the base Fig. 3.
Claim 5, Duchemin teaches the sorting assembly 4 further includes a kickplate 7 positioned adjacent the first end region of the base 1, and wherein the kickplate 7 is configured to shift between a first retracted position and a second extended position C6 L45-60.
Claim 6, Duchemin teaches the sorting assembly 4 further includes a first alignment motor (as to be known to be used on conveyor assemblies) configured to shift the base 1 along the horizontal axis C6 L1-15.
Claim 7, Duchemin teaches the sorting assembly 4 further includes a second alignment motor (for 1’) configured to shift the base 1 along the vertical axis C6 L1-15.
Claim 12, Duchemin teaches the at least one or more alignment regions 8 includes at least one or more alignment members 8 Fig. 3.
Claim 13, Duchemin teaches the at least one or more alignment members 8 includes a first alignment member 8 configured to accept the first preformed article 3.
Claim 14, Duchemin teaches each of the one of more alignment members 8 includes a peaked profile Fig. 3.
Claim 17, Duchemin teaches a system Fig. 2 for sorting a plurality of preformed articles 3, the system comprising: a sorting assembly 4 including a base 1, the base 1 having a first end region, a second end region, a horizontal axis and a vertical axis Fig. 3, and wherein the base 1 includes one or more alignment regions 8 positioned between the first end region of the base 1 and the second end region of the base 1 Fig. 3; a conveyor 2 configured to transport a first preformed article 3 and a second preformed article 3 toward the sorting assembly 4; a drive assembly 6 positioned between the sorting assembly 4 and the conveyor 2, wherein the drive assembly 6 is configured to receive the first preformed article 3 and the second preformed article 3 from the conveyor 2 and transport them from the conveyor onto the base 1; wherein the sorting assembly 4 is configured to shift the base 1 along the horizontal axis, the vertical axis or along both the horizontal axis and the vertical axis to align the first preformed article 3 with the second preformed article 3 C5 L20-45 along the one or more alignment regions 8.
Claim 18, Duchemin teaches the one or more alignment regions 8 include one or more alignment members 8 and the one or more alignment regions 8 are configured to receive and align at least the first preformed article 3, the second preformed article 3 and a third preformed article 3 of preformed material Abstract.
Claim 20, Duchemin teaches a method for sorting a plurality of preformed articles 3, the method comprising: transporting a first preformed article 3 and a second preformed article 3 via a conveyor 2, and wherein the conveyor 2 is operatively connected to a drive assembly 6; receiving the first preformed article 3 and the second preformed article 3 into the drive assembly 6 from the conveyor 2; transporting the first preformed article 3 and the second preformed article 3, via the drive assembly 6, to a sorting assembly 4 operatively connected to the drive assembly 6, and wherein the sorting assembly 4 includes a base 1, a horizontal axis and a vertical axis; shifting the base 1 along the vertical axis, the horizontal axis or along both the horizontal axis and the vertical axis to align the first preformed article 3 with the second preformed article 3.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 8-11, 15-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Duchemin U.S. Patent No. 9,975,655 in view of Duperray U.S. Patent No. 11,713,147.
Claim 8, Duchemin does not teach as Duperray teaches the sorting assembly 220 further comprises a sensor positioned adjacent the kickplate 222, and wherein the sensor is configured to sense the first preformed article, the second preformed article or both the first and the second preformed articles C9 L35-50. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Duchemin with the control configuration taught in Duperray with a reasonable expectation of success because
Claim 9, Duchemin does not teach as Duperray teaches the sensor is configured to signal the kickplate 222 to shift between the first retracted position and the second extended position C9 L35-50. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Duchemin with the control configuration taught in Duperray with a reasonable expectation of success because
Claim 10, Duchemin teaches the kickplate 7 is configured to engage the first preformed article 3, the second preformed article 3 or both the first and the second preformed articles 3 when shifting from the first retracted position to the second extended position C4 L35-65.
Claim 11, Duchemin does not teach as Duperray teaches the first preformed article 3 includes a first end and the second preformed article 3 includes a first end, and wherein the kickplate 7 is configured to align the first end of the first preformed article 3 with the first end of the second preformed article 3 C4 L35-65. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Duchemin with the control configuration taught in Duperray with a reasonable expectation of success because
Claim 15, Duchemin does not teach as Duperray teaches the drive assembly further includes a sensor configured to sense a first end of the first preformed article 280, a second end of the first preformed article 280 or both the first end and the second end of the first preformed article 280 C11 L55-67; C12 L1-5. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Duchemin with the control configuration taught in Duperray with a reasonable expectation of success because
Claim 16, Duchemin does not teach as Duperray teaches a conveyor sensor positioned adjacent the conveyor, and wherein the conveyor sensor is configured to sense a first end of the first preformed article, a second end of the first preformed article 280 or both the first end and the second end of the first preformed article 280 C11 L55-67; C12 L1-5. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Duchemin with the control configuration taught in Duperray with a reasonable expectation of success because
Claim 19, Duchemin teaches the sorting assembly 4 further includes a kickplate 7 positioned adjacent the first end region of the base 1, wherein the kickplate 7, but does not teach as Duperray teaches includes a plurality of sensors and is configured to shift between a first retracted position and a second extended position C9 L35-50. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Duchemin with the control configuration taught in Duperray with a reasonable expectation of success because
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAVEL SINGH whose telephone number is (571)272-2362. The examiner can normally be reached Monday - Thursday 8am-6pm.
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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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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS
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