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 1-3, 5-9, 12-16 and 19-25 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.
The last lines of claims 1 and 21 which read “the tipping surface is located at or above at least one or a weighing surface and an axis of the roller” is confusing and not understood. Should the “or” be changed to –of--?
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) 1-3, 5, 12, 16 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kennedy et al. (US 6,092,640).
Kennedy et al. show article carrier 1 having a bracket 10 which attaches to a conveyor, a carrier frame for a roller 2, the carrier frame is pivotally supported by the bracket 10 such that it may pivot relative to the bracket and a tipping surface 3, 4, 5 and weighing surface 33 which are located at or above at least one of the weighing surface or axis of roller 2.
Re claim 2, the tipping surface can be considered to at the weighing surface.
Re claim 3, the weighing surface 33 is shown on both sides of the tipping surface 4.
Re claim 5, the tipping surface 3, 4, 5 extends from near an edge of the roller to an axis of the roller. See Figure 3.
Re claim 12, see Figures 3 and 4.
Re claim 15, the carrier is biased to a non-tipping position.
Re claim 16, see recesses 22 and 23.
Re claim 21, the carrier frame is separably pivotally supported by the bracket 10 and a tipping surface contacts an actuator so as to cause tipping.
Allowable Subject Matter
Claims 6-9, 13, 14, 19, 20 and 22-25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 106347989 shows an article carrier best shown in Figure 9 which has a pivotable carrier frame supported by a bracket which attaches to a conveyor and a tipping surface which located above an axis of a roller.
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.
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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 07/22/2026
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