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.
Claims 20-21 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 20 and 21 recite the limitation "the vibrator shaft pulley". There is insufficient antecedent basis for this limitation in the claims.
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 16-23, 27, 29-32 and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tonjes (US 3481468).
Regarding claim 16, Tonjes (US 3481468) teaches a vibrator for a mineral material processing device (Col. 1 lines 15-24), comprising:
a vibrator shaft (Fig. 3 #14) that extends through a device frame (Fig. 3 #14 extends through #17) of the mineral material processing device;
a bearing (Fig. 3 #63) of the vibrator shaft (Fig. 3 bearing #63 of shaft #14) configured to rotatably support the vibrator shaft (Col. 5 lines 2-8);
a vibrator shaft drive wheel (Fig. 3 #44) configured to reside at least partially in radial direction around the bearing of the vibrator shaft (Fig. 3 #44 resides in radial direction around #63); and
an eccentric (Fig. 3 #46) configured to be mounted to the vibrator shaft (Fig. 3 #46 mounted to #14) so that the eccentric extends in axial direction of the vibrator shaft beyond the vibrator shaft drive wheel outwards of the device frame (Fig. 3 #46 extends in axial direction of #14 beyond #44 outwards of #17),
wherein the drive wheel (Fig. 3 #44) is configured to rotate the eccentric for inducing vibration through inertia of the eccentric (Col. 4 lines 13-26).
Regarding claim 17, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the drive wheel (Fig. 3 #44) is a pulley for a belt or a chain sprocket (Col. 4 lines 20-26).
Regarding claim 18, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the bearing (Fig. 3 #63) comprises a bearing case (Fig. 3 #64).
Regarding claim 19, Tonjes (US 3481468) teaches the vibrator shaft drive wheel according to claim 18, wherein the vibrator shaft drive wheel (Fig. 3 #44) is configured to reside at least partially in radial direction around the bearing case (Fig. 3 #44 resides in radial direction around #64).
Regarding claim 20, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the eccentric (Fig. 3 #46) comprises a recess (Fig. 2b see central recess opening of #46) configured to radially align the vibrator shaft pulley with the eccentric (Fig. 2b see central opening of #46 configured to radially align #44 and #46).
Regarding claim 21, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the vibrator shaft pulley (Fig. 3 #44) comprises a cylindrical part (Figs. 2b, 3 see central cylindrical part of #44) and two peripheral flanges supported by the cylindrical part (Figs. 2b, 3 see two peripheral flanges of #44 supported by central cylindrical part) and configured to define a belt groove (Figs. 2b, 3 see belt groove in #44 for belt #42, Col. 4 lines 19-26).
Regarding claim 22, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the vibrator shaft drive wheel (Fig. 3 #44) is integrated with the eccentric (Figs. 2b, 3 see #44 integrated with #46).
Regarding claim 23, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein device is a screen (Col. 1 lines 15-14); a feeder; and / or a conveyor.
Regarding claim 27, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the eccentric (Fig. 3 #46) comprises a shaft attachment structure (Fig. 2b see #46 attached to shaft #14 via #44).
Regarding claim 29, Tonjes (US 3481468) teaches a method for vibrating a mineral material processing device (Col. 1 lines 15-24) by a belt or chain (Col. 4 lines 13-23), comprising:
supporting a vibrator shaft drive wheel (Fig. 3 #44) at least partially in radial direction around a bearing (Fig. 3 supporting #44 in radial direction around #63) of a vibrator shaft (Fig. 3 #14) that extends through a device frame (Fig. 3 #14 extends through #17) of a mineral material processing device;
supporting an eccentric (Fig. 3 #46) to the vibrator shaft (Fig. 3 #46 supported by #14) so that the eccentric extends in axial direction of the vibrator shaft beyond the vibrator shaft drive wheel outwards of the device frame (Fig. 3 #46 extends in axial direction of #14 beyond #44 outwards of #17); and
rotating the eccentric by the vibrator shaft drive wheel to cause vibration through inertia (Col. 4 lines 13-26).
Regarding claim 30, Tonjes (US 3481468) teaches a method for producing a belt or chain driven mineral material processing device vibrator (Col. 1 lines 15-24), comprising:
mounting a vibrator shaft drive wheel (Fig. 3 #44) at least partially in radial direction around a bearing (Fig. 3 mounting #44 in radial direction around #63) of a vibrator shaft (Fig. 3 #14) that extends through a device frame (Fig. 3 #14 extends through #17) of a mineral material processing device; and
mounting an eccentric (Fig. 3 #46) to the vibrator shaft (Fig. 3 mounting #46 to #14) so that the eccentric extends in axial direction of the vibrator shaft beyond the vibrator shaft drive wheel outwards of the device frame (Fig. 3 #46 extends in axial direction of #14 beyond #44 outwards of #17) and wherein the drive wheel will rotate the eccentric for inducing vibration through inertia of the eccentric (Col. 4 lines 13-26).
Regarding claim 31, Tonjes (US 3481468) teaches a method for controlling a belt or chain driven screen mineral material processing device vibrator (Col. 1 lines 15-24, Col. 3 lines 6-9), comprising:
measuring a speed of the belt or chain driven screen vibrator or obtaining a current driving target of the belt or chain driven screen vibrator (Col. 4 lines 44-50) that comprises an eccentric (Fig. 3 #46) driven by a shaft drive wheel (Fig. 3 #44) at least partially in radial direction around a bearing (Fig. 3 #44 in radial direction around #63) of a vibrator shaft (Fig. 3 #14) that extends through a device frame (Fig. 3 #14 extends through #17) of a mineral material processing device; and
performing at least one of the following for controlling vibration induced by the vibrator through inertia (Col. 3 lines 6-9):
controlling driving of the belt or chain driven screen vibrator based on at least one of the measured speed of the belt or chain driven screen vibrator (Col. 4 lines 47-57); or
controlling the driving of the belt or chain driven screen vibrator based on the obtained current driving target of the belt or chain driven screen vibrator (Col. 4 lines 47-57).
Regarding claim 32, Tonjes (US 3481468) teaches a mineral material processing device (Col. 1 lines 15-24) comprising the vibrator according to claim 16 (see claim 16).
Regarding claim 35, Tonjes (US 3481468) teaches a mobile mineral processing plant (Col. 1 lines 15-24) comprising the mineral material processing device vibrator according to claim 16 (see claim 16).
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 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Tonjes (US 3481468) in view of Murphy (EP 3566784) and further in view of legal precedent.
Regarding claim 24, Tonjes (US 3481468) lacks teaching the vibrator according to claim 16, wherein the eccentric comprises a semi-circular plate part.
Murphy (EP 3566784) teaches a vibrator for a mineral material processing device (Paragraph 0001 lines 1-3) wherein the eccentric (Fig. 3 #28) comprises a semi-circular plate part (Fig. 3 see semi-circular plate part #28).
Murphy (EP 3566784) explains that each mass is eccentrically located with respect to the rotational axis of the shaft in order to unbalance the rotation of the shaft (Paragraph 0026 lines 1-13), and explains that the respective rotational phase and rotational direction of the shafts determine the type of vibratory movement that is caused (Paragraph 0027 lines 3-7).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Tonjes (US 3481468) to include wherein the eccentric comprises a semi-circular plate part as taught by Murphy (EP 3566784) in order to unbalance the rotation of the shaft and control the type of vibratory movement that is caused. Furthermore, the changes in shape claimed represent a design choice, and so a person of ordinary skill in the art before the effective filing date of the claimed invention would have found that the change in shape did not sufficiently alter the device as a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996).
Regarding claim 25, Tonjes (US 3481468) lacks teaching the vibrator according to claim 24, wherein the eccentric comprises an arc part.
Murphy (EP 3566784) teaches a vibrator for a mineral material processing device (Paragraph 0001 lines 1-3) wherein the eccentric (Fig. 3 #28) comprises an arc part (see Fig. 3 Modified “arc part”).
Murphy (EP 3566784) explains that each mass is eccentrically located with respect to the rotational axis of the shaft in order to unbalance the rotation of the shaft (Paragraph 0026 lines 1-13), and explains that the respective rotational phase and rotational direction of the shafts determine the type of vibratory movement that is caused (Paragraph 0027 lines 3-7).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Tonjes (US 3481468) to include wherein the eccentric comprises an arc part as taught by Murphy (EP 3566784) in order to unbalance the rotation of the shaft and control the type of vibratory movement that is caused. Furthermore, the changes in shape claimed represent a design choice, and so a person of ordinary skill in the art before the effective filing date of the claimed invention would have found that the change in shape did not sufficiently alter the device as a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996).
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Figure 3 Modified
Regarding claim 26, Tonjes (US 3481468) lacks teaching the vibrator according to claim 25, wherein the arc part and the plate part are radially aligned.
Murphy (EP 3566784) teaches a vibrator for a mineral material processing device (Paragraph 0001 lines 1-3) wherein the arc part and the plate part are radially aligned (Fig. 3 Modified, see “arc part” and “plate part” radially aligned).
Murphy (EP 3566784) explains that each mass is eccentrically located with respect to the rotational axis of the shaft in order to unbalance the rotation of the shaft (Paragraph 0026 lines 1-13), and explains that the respective rotational phase and rotational direction of the shafts determine the type of vibratory movement that is caused (Paragraph 0027 lines 3-7).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Tonjes (US 3481468) to include wherein the arc part and the plate part are radially aligned as taught by Murphy (EP 3566784) in order to unbalance the rotation of the shaft and control the type of vibratory movement that is caused. Furthermore, the changes in shape claimed represent a design choice, and so a person of ordinary skill in the art before the effective filing date of the claimed invention would have found that the change in shape did not sufficiently alter the device as a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996).
Claims 28 and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Tonjes (US 3481468) in view of legal precedent.
Regarding claim 28, Tonjes (US 3481468) teaches the vibrator according to claim 16, wherein the eccentric (Fig. 3 #46) is mounted such that its centrifugal force vector (Fig. 3 centrifugal force vector from #46) is formed at a proximate distance to a bearing point of the bearing (Fig. 3 see distance from #46 to #63).
Tonjes (US 3481468) lacks teaching the proximate distance being at most 115 mm.
It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP 2144.04(IV)(A). In the instant case, it is the position of the Examiner that it would have been obvious to a person having ordinary skill in the art to select a proximate distance sufficient to perform the desired function of inducing vibration through inertia of the eccentric.
Regarding claim 33, Tonjes (US 3481468) teaches the mineral material processing device of claim 32, wherein the vibrator further comprises a cradle (Fig. 2a see plate attached to #36) for an electric motor (Fig. 2a #36) for driving the vibrator (Col. 4 lines 1-10);
the cradle may be attachable to an outward side of a frame (Fig. 2a plate attached to #36 is attachable to outward side of #39, see Fig. 4 plate of #136 attachable to #139) of the mineral material processing device; and
the cradle may be configured to attach the electric motor to the device frame (Fig. 2b #36 attached to #17 via shaft #37) so that a shaft of the electric motor (Fig. 2b #37) is spaced apart from the device frame by a motor gap (Fig. 2b #37 spaced apart from #17 by a gap).
Tonjes (US 3481468) lacks teaching the motor gap is at most 40 mm.
It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP 2144.04(IV)(A). In the instant case, it is the position of the Examiner that it would have been obvious to a person having ordinary skill in the art to select a motor gap sufficient to attach the electric motor for driving the vibrator to the device frame.
Regarding claim 34, Tonjes (US 3481468) lacks teaching the mineral material processing device of claim 32, wherein the motor gap is at most 20 mm.
It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP 2144.04(IV)(A). In the instant case, it is the position of the Examiner that it would have been obvious to a person having ordinary skill in the art to select a motor gap sufficient to attach the electric motor for driving the vibrator to the device frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653