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 § 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 15 is 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. Claim 15 states, “a conveyance direction of the conveyor belts and an axial direction of the drive rollers are arranged perpendicular and skewed relative to one another”, it is not clear how the conveyance direction of the conveyor belts and an axial direction of the drive rollers can be arranged perpendicular and skewed relative to one another at the same time? Clarification is required.
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) 1-3, 8-12, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindee U.S. Patent No. 10,625,436.
Claim 1, Lindee teaches an apparatus 100 for transporting food slices Fig. 1 Abstract comprising: at least two conveyor belts 802,804,806, at least two drive rollers 812,816, wherein each of the at least two conveyor belts 802,804,806 can be guided about a respective one of the at least two drive rollers 812,816 and can be driven thereby Fig. 2a, a moveable frame 105 comprising a plurality of plug-in axles 180a,b, each of the plurality of plug-in axles 180a,b being securely connected to the moveable frame 105, wherein the moveable frame 105 is moveable between an operating position and a maintenance position Figs. 1,1b, wherein in the operating position, the at least two drive rollers 812,816 and the plurality of plug-in axles 192,193 are arranged parallel to one another, and each of the at least two drive rollers 812,816 are arranged laterally between two plug-in axles 180a,b.
Claim 2, Lindee teaches the moveable frame 105 is pivotable between the operating position and the maintenance position, wherein in the maintenance position, an angle is formed between the at least two drive rollers 812,816 and the plurality of plug-in axles 192,193 C5 L30-50.
Claim 3, Lindee teaches a belt body o802,804,806 comprising the at least two conveyor belts 802,804,806 has a foldable fastening element 174, wherein in the operating position at least one of the at least two drive rollers 812,814 is mounted in the fastening element 174.
Claim 5, Lindee teaches each of the at least two drive rollers 812,816 have a free end, wherein a bearing pin 886a,b is embodied on each free end C6 L10-20.
Claim 6, Lindee teaches recesses for mounting the drive rollers 812,816 by means of their bearing pins 866a,b are embodied in or on the moveable frame 105.
Claim 8, Lindee teaches in the operating position, at least one drive roller 812,816 is mounted in the moveable frame 105 Fig. 1.
Claim 9, Lindee teaches the moveable frame 105 is removable from the apparatus and can be reconnected thereto Abstract.
Claim 10, Lindee teaches a carrier device 104 for receiving the moveable frame 105.
Claim 11, Lindee teaches the moveable frame 105 is translationally moveable (when in removing the frame) along the carrier device 104.
Claim 12, Lindee teaches the moveable frame 105 has at least one pin (as fastener) embodied on an outer surface of the moveable frame 105 for limiting position.
Claim 13, Lindee teaches the carrier device 104 is connected to the apparatus in a hinge jointed manner Fig. 1.
Claim 14, Lindee teaches the apparatus 100 is configured such that, for transitioning from the maintenance position to the operating position Figs. 1-2, the frame 105 is first pivoted and then displaced parallel to the drive rollers 812,816.
Claim 15, Lehmann teaches a conveyance direction of the conveyor belts 802,804,806 and an axial direction of the drive rollers 812,816 are arranged perpendicular and skewed relative to one another Fig. 2.
Claim 16, Lindee teaches the drive rollers 812,816 each have a profiling or structure in the form of teeth; over an entire length for mechanical interaction with the conveyor belts for power transmission C5 L50-65.
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) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lindee U.S. Patent No. 10,625,436 in view of Wentz U.S. Patent No. 1,014,106.
Claim 4, Lindee does not teach as Wentz teaches the moveable frame is embodied in a trough shape Fig. 1. It would have been obvious to one having ordinary skill in the art to combine the transport in Lindee with the trough configuration taught in Wentz with a reasonable expectation of success because
Allowable Subject Matter
Claim 7 is 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
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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