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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: The reference numerals 444 and 429 are not found in the Figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
In line 10 of paragraph [0096] “444” should be changed to –424--.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 18-21 and 32 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by White (US 5,682,977).
White shows a conveyor 10 which includes a conveying surface for conveying one or more articles, a guide rail 22a, a support 30 for supporting the guide rail 22a and a cover 20 for at least partially covering the support 30 wherein the cover is comprised of a plurality of segments which interconnect and articulate relative to one another.
Re claim 2, Figure 2 best shows the segments overlapping.
Re claim 3, part 26 provides an interference fit.
Re claim 4, part 26 serves as a male part which attaches to a surface of cover 26.
Re claim 18, 40b is at least a portion of an actuator.
Re claim 19, the segments are interconnected and may articulate relative to one another.
Re claim 20, the segments 20 are shown to overlap.
Re claim 21 as per claim 3 rejection.
Re claim 32, see connector 26 shown in Figure 4.
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.
Claim(s) 9 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Hayakawa et al. (US 3,856,135).
White does not show C-shaped segments. However, shown by Hayakawa et al. are just such C-shaped segments 1. To have such C-shaped segments on White would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention as the C-shape would allow for taller articles to be conveyed.
Claim(s) 36 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Ranger (US 7,431,150).
White does not show an arcuate path. However, shown by Ranger is an arcuate path having a cover member for a guide rail best shown in Figure 3A. To have White use an arcuate path would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention as it is well known and conventional in the art of conveying to have arcuate paths and White’s overlapped segments would readily adapt to an arcuate path.
Re claim 37, part 26 serves as an interference fit and a pivot point as is broadly recited.
Allowable Subject Matter
Claims 5-8, 10-17, 22-26, 28-31 and 33-35 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R BIDWELL whose telephone number is (571)272-6910. The examiner can normally be reached on Monday-Friday from 8 to 4.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford, can be reached at telephone number (571)272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/JAMES R BIDWELL/ Primary Examiner, Art Unit 3651 06/26/2026
Prosecution Insights