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 .
DETAILED ACTION
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 15, 17, and 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.
Regarding claim 15, it is unclear how the first shrimp and second shrimp characteristics are the same as the prior steps from independent claim 13 has two separate steps for determining characteristics and routing of the first and second shrimp.
Regarding claim 17, line 3, the claim state the limitation ‘generally’ is indefinite. The limitation makes it unclear what the metes and bounds of claim in regards to what ‘generally’ encompass.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 15 and 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15 is unclear as the two shrimp have a first characteristic and second characteristic that are the same when there determined to be two separate characteristics in independent claim 13. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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 of this title, 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 1-4, 6-11, 13-16, 18, 19, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim Youngbok et al (KR20200029239) (translation provided in IDS dated 3/4/2025) in view of Taylor et al (US Pub 2016/0232656 A1).
Regarding claim 1, Kim discloses a sorting system comprising: a first receiver defining a first passageway extending from a first receiving end to a first transfer end (paragraph 0033; where items are conveyed and aligned side by side rows on element 122); a second receiver defining a second passageway extending from a second receiving end to a second transfer end (paragraph 0033; where items are conveyed and aligned side by side rows on element 122); a first slide (see Fig. 1; first element 166) comprising a first tray located below the first transfer end, the first tray configured to receive a shrimp passing through the first receiver from the first receiving end to the first transfer end, wherein the first slide further comprises a first guide extending from the first tray to a first slide end located below the first tray (see Fig. 4; where the entrance of element 166 is the transfer end, the conveying surface of element 166 is the tray portion, and the sides of element 166 is the guide portion); a second slide (see Fig. 1; second element 166) comprising a second tray located below the second transfer end, the second tray configured to receive a shrimp passing through the second receiver from the second receiving end to the second transfer end, wherein the second slide further comprises a second guide extending from the second tray to a second slide end located below the second tray (see Fig. 1; a second element 166 where the entrance of element 166 is the transfer end, the conveying surface of element 166 is the tray portion, and the sides of element 166 is the guide portion) a first slide actuator operably connected to the first slide end configured to rotate the first slide about a first slide axis, wherein rotation of the first slide about the first slide axis moves the first slide end along a first are about the first slide axis and the second slide end configured to rotate the second slide about a second slide axis, wherein rotation of the second slide about the second slide axis moves the second slide end along a second are about the second slide axis (see Fig. 1; where element 166 is configured to pivotable in the height direction); a plurality of delivery locations located below the first slide and the second slide, wherein movement of the first slide end along the first are moves the first slide end above the plurality of delivery locations and movement of the second slide end along the second are moves the second slide end above the plurality of delivery locations (see Fig. 4; paragraph 0043 and element 200 having multiple inlets in a vertical direction); and a controller (element 162) operably connected to the first slide actuator, the controller configured to: operate the first slide actuator to rotate the first slide about the first slide axis such that the first slide end is positioned above a first delivery location of the plurality of delivery locations such that each shrimp passing through the first receiver is delivered to the first delivery location after passing along the first slide and exiting the first slide at the first slide end when the first slide end is positioned above the first delivery location (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200); operate the second slide to rotate the second slide about the second slide axis such that the second slide end is positioned above a second delivery location of the plurality of delivery locations such that each shrimp passing through the second receiver is delivered to the second delivery location after passing along the second slide and exiting the second slide at the second slide end when the second slide end is positioned above the second delivery location (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200); operate the first slide actuator to rotate the first slide about the first slide axis such that the first slide end is positioned above the second delivery location such that each shrimp passing through the first receiver is delivered to the second delivery location after passing along the first slide and exiting the first slide at the first slide end when the first slide end is positioned above the second delivery location (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200), but Kim does not disclose a second actuator operably connected to the second structure. Taylor teaches a second actuator operably connected to the structure (paragraph 0017 and elements 32) for the purpose of using multiple actuators are used to separate material into different grades. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Kim, as taught by Taylor, for the purpose of using multiple actuators are used to separate material into different grades.
Regarding claim 2, Kim discloses the controller is configured to operate the first slide actuator to rotate the first slide about the first slide axis such that the first slide end is positioned above a third delivery location of the plurality of delivery locations such that each shrimp passing through the first receiver is delivered to the third delivery location after passing along the first slide and exiting the first slide at the first slide end when the first slide end is positioned above the third delivery location (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200).
Regarding claim 3, Kim discloses the controller is configured to operate the second slide actuator to rotate the second slide about the second slide axis such that the second slide end is positioned above the third delivery location such that each shrimp passing through the second receiver is delivered to the third delivery location after passing along the second slide and exiting the second slide at the second slide end when the second slide end is positioned above the third delivery location (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200).
Regarding claim 4, Kim discloses the first slide, the first slide axis, and the first arc are configured to position the first slide end above any selected delivery location of the plurality of delivery locations (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200).
Regarding claim 6, Kim discloses the controller is configured to: receive a signal indicative of a first physical characteristic of each shrimp passing through the first receiver (element 162 and paragraph 0019), wherein, optionally, the first physical characteristic is one of: a selected weight range, a selected length range, heading status, and shelling status; and identify a selected delivery location of the plurality of delivery locations for each shrimp having the first physical characteristic passing through the first receiver based at least in part on the first physical characteristic.
Regarding claim 7, Kim discloses the controller is configured to: receive a signal indicative of the first physical characteristic of each shrimp passing through the second receiver; and identify a second selected delivery location of the plurality of delivery locations for each shrimp having the first physical characteristic passing through the second receiver based at least in part on the first physical characteristic of each shrimp passing through the second receiver (element 162 and paragraph 0019).
Regarding claim 8, Kim discloses the controller is configured to operate the second slide actuator to rotate the second slide about the second slide axis such that the second slide end is positioned above the second selected delivery location such that each shrimp having the first physical characteristic passing through the second receiver is delivered to the second selected delivery location after passing along the second slide end exiting the second slide at the second slide end when the second slide end is positioned above the second selected delivery location (element 162 and paragraph 0019).
Regarding claim 9, Kim discloses the system comprises a plurality of guide chutes located between the first are and the plurality of delivery locations, wherein the plurality of guide chutes are also located between the second are and the plurality of delivery locations, wherein each guide chute of the plurality of guide chutes comprises an upper end and a lower end, wherein shrimp entering each guide chute of the plurality of guide chutes through the upper end of the guide chute pass through the guide chute and exit the guide chute through the lower end of the guide chute, wherein movement of the first slide end along the first arc moves the first slide end above the upper ends of the plurality of guide chutes, and wherein movement of the second slide end along the second arc moves the second slide end above the upper ends of the plurality of guide chutes (see Fig. 1 and 4; element 200 directing items to different locations).
Regarding claim 10, Kim discloses each guide chute of the plurality of guide chutes is configured to deliver shrimp passing through the guide chute to only one selected delivery location of the plurality of delivery locations (see Fig. 1 and 4; element 200 directing items to different locations).
Regarding claim 11, Kim discloses a selected guide chute of the plurality of guide chutes comprises a ramp, wherein shrimp delivered to the selected guide chute by the first slide move both laterally/horizontally and vertically along the ramp under the force of gravity towards the lower end of the selected guide chute, wherein shrimp delivered to the selected guide chute by the second slide move vertically under the force of gravity towards the lower end of the selected guide chute, and wherein shrimp delivered to the selected guide chute from both the first slide and the second slide are delivered to the same selected delivery location located directly beneath the lower end of the selected guide chute (see Fig. 1; elements 166 and 200 directing items to different locations).
Regarding claim 13, Kim discloses a method of sorting shrimp, the method comprising: determining a physical characteristic of a first item (paragraph 0019); identifying a first selected delivery location of a plurality of delivery locations based at least in part on the physical characteristic of the first item (paragraph 0043); rotating a first slide about a first slide axis such that a first slide end of the first slide is positioned to deliver the first item to the first selected delivery location (paragraph 0043 where element 166 rotates); delivering the first item to a first tray of the first slide, wherein the first item moves along the first slide from the first tray to the first slide end for delivery to the first selected delivery location under the force of gravity (see Fig. 1; element 200); determining a physical characteristic of a second item (paragraph 0019); identifying a second selected delivery location of the plurality of delivery locations based at least in part on the physical characteristic of the second item (paragraph 0043); rotating a second slide about a second slide axis such that a second slide end of the second slide is positioned to deliver the second item to the second selected delivery location (paragraph 0043 and see Fig. 1 where elements 166 rotates); and delivering the second item to a second tray of the second slide, wherein the second item moves along the second slide from the second tray to the second slide end for delivery to the second selected delivery location under the force of gravity (see Fig. 1; element 200), but Kim does not disclose the items are shrimp. Taylor teaches the items being sorted are shrimp (paragraphs 0001-0002 where food items can be processed, including shrimp) for the purpose of sorting and grading food items. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Kim, as taught by Taylor, for the purpose of sorting and grading food items.
Regarding claim 14, Kim discloses rotating the first slide about the first slide axis to deliver the first shrimp to the first selected delivery location before delivering the first shrimp to the first tray of the first slide (paragraph 0043 where element 162 controls elements 166 to sort items to different inlets within element 200).
Regarding claim 15, Kim discloses the first selected delivery location and the second selected delivery location are the same delivery location when the physical characteristic of the first shrimp is the same as the physical characteristic of the second shrimp (element 162 and paragraph 0019).
Regarding claim 16, Kim discloses rotating the first slide about the first slide axis moves the first slide end along a first arc and rotating the second slide about the second slide axis moves the second slide end along a second arc, wherein the first arc and the second arc do not intersect (see Fig. 1; elements 166 do not intersect).
Regarding claim 18, Kim discloses the physical characteristic of the first shrimp is one of: a selected weight range, a selected length range, heading status, and shelling status (element 162 and paragraph 0019).
Regarding claim 19, Kim discloses guiding the first shrimp to the first selected delivery location using a guide chute that moves the first shrimp laterally with respect to the direction of gravity after the first shrimp leaves the first slide end before the first shrimp reaches the first selected delivery station (see Fig. 4; element 166 directing items to different sections of element 200).
Regarding claim 21, Kim discloses the controller is configured to: receive a signal indicative of a first physical characteristic of each shrimp passing through the first receiver (paragraph 0043, wherein, optionally, the first physical characteristic is one of: a selected weight range, a selected length range, heading status, and shelling status; and identify a selected delivery location of the plurality of delivery locations for each shrimp having the first physical characteristic passing through the first receiver based at least in part on the first physical characteristic (element 162 and paragraph 0019); operate the first slide actuator to rotate the first slide about the first slide axis such that the first slide end is positioned above the selected delivery location such that each shrimp having the first physical characteristic passing through the first receiver is delivered to the selected delivery location after passing along the first slide end exiting the first slide at the first slide end when the first slide end is positioned above the selected delivery location (element 166 and paragraph 0043 where characteristics are detected and then controlled to classify items to different inlets).
Regarding claim 22, Kim discloses the controller is configured to:receive a signal indicative of the first physical characteristic of each shrimp passing through the second receiver (paragraph 0043); and identify a second selected delivery location of the plurality of delivery locations for each shrimp having the first physical characteristic passing through the second receiver based at least in part on the first physical characteristic of each shrimp passing through the second receiver (element 162 and paragraph 0019); wherein the selected delivery location and the second selected delivery location are the same delivery location of the plurality of delivery locations when the first physical characteristic of shrimp passing through the first receiver and the first physical characteristic of shrimp passing through the second receiver are the same; and wherein the selected delivery location and the second selected delivery location are different delivery locations of the plurality of delivery locations when the first physical characteristic of shrimp passing through the first receiver and the first physical characteristic of shrimp passing through the second receiver are different (element 166 and paragraph 0043 where characteristics are detected and then controlled to classify items to different inlets).
Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim/Taylor in view of Andresen Halvard et al (WO2012008843)
Regarding claim 5, Kim does not disclose the claim limitations. Andresen teaches the first slide axis passes through the first tray of the first slide and the second slide axis passes through the second tray of the second slide (see Fig. 5; elements 40 and 42) for the purpose of guiding items to the correct sorting channel. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Kim, as taught by Andresen, for the purpose of guiding items to the correct sorting channel.
Regarding claim 17, Kim does not disclose the claim limitations. Andresen teaches the first slide axis and the second slide axis are aligned with each other and/or wherein the first slide axis and the second slide axis are oriented generally vertically (see Fig. 5; elements 40 and 42) for the purpose of guiding items to the correct sorting channel. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Kim, as taught by Andresen, for the purpose of guiding items to the correct sorting channel.
Allowable Subject Matter
Claims 20 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.
The following is an examiner’s statement of reasons for allowance:
The closest prior art discloses a sorting system. The closest prior art does not disclose or make obvious the controller is configured to operate the first slide actuator and the second slide actuator such that the first slide end and the second slide end are both positioned above the third delivery location at the same time in conjunction with the other structures in claim 20.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kalyanavenkateshware Kumar whose telephone number is (571)272-8102. The examiner can normally be reached on M-F 08:00-16:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached on 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.K./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
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