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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder, “assembly” that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the “support assembly” configured to operatively mount the pulley for rotation thereabout with a longitudinal axis of the pulley extending transversely with respect to the downstream travel direction of the conveyor belt in claims 1, 19, and 30.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 19-23 are rejected under 35 U.S.C. 102a1 as being anticipated by Castelli et al. (US 5,467,171).
In regard to claim 19, Castelli shows a conveyor belt tracking apparatus for urging a mistracking conveyor belt 10 of a conveyor system back toward a correct travel path. The conveyor belt tracking apparatus includes a rotatable pulley 16 for engaging the conveyor belt and rotating as the conveyor belt travels in a downstream travel direction. The pulley 16 has a neutral position (see figure 1) when the conveyor belt is traveling along the correct travel path. The pulley has an annular pulley body B including an internal space S therein (see the annotated figure below). A support assembly 204/206/208/210/212/214/216/218 extends through the internal space. The support assembly is configured to operatively mount the pulley for rotation thereabout with a longitudinal axis of the pulley extending transversely with respect to the downstream travel direction of the conveyor belt. A shiftable end portion 206/208 of the pulley is configured to be shifted upstream or downstream further than an opposite end portion of the pulley 16. A sensor 230/232 is configured to detect whether the conveyor belt is traveling along the correct travel path. An electrically powered actuator 216 is mounted within the internal space of the pulley for powered driving of the shiftable end portion 206/208 of the pulley when the sensor 230/232 detects that the conveyor belt is not traveling along the correct travel path. The powered driving of the shiftable end portion 206/208 of the pulley 16 causes the conveyor belt 10 to travel back toward the correct travel path.
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In regard to claim 20, the electrically powered actuator is an electric motor (see column 7, lines 60-65 discussing the stator of the motor 216 which would mean that the motor is electric because stators are parts of electric motors).
In regard to claim 21, a control system 76 that includes the sensor 230/232 is provided. The control system is configured to cause the electrically powered actuator 216 to drive the shiftable end portion 206/208 of the pulley 16 when the sensor 230/232 detects that the conveyor belt is not traveling along the correct travel path (see column 8, lines 45-65).
In regard to claim 22, the support assembly includes a rotatable support shaft 208 extending laterally outwardly from the shiftable end portion 206/208 of the pulley 16. The rotatable support shaft 208 is operably connected to the electrically powered actuator 216 to allow the electrically powered actuator 216 to rotate the rotatable support shaft 208 about the central axis of the roller 16 for shifting the shiftable end portion 206/208 of the pulley 16.
In regard to claim 23, the support assembly comprises a motion converter formed by guides 209/220 operably connected to the rotatable support shaft 208. The motion converter 209/220 is configured to convert rotation of the rotatable support shaft 208 to a movement of the shiftable end portion upstream or downstream (see figure 3).
Allowable Subject Matter
Claims 1-18 and 30-36 are allowed.
Claim 24-29 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A DEUBLE whose telephone number is (571)272-6912. The examiner can normally be reached Monday-Friday flex schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/MARK A DEUBLE/Primary Examiner, Art Unit 3651
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