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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a storage container” of claim 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Interpretation
It is noted that many claims have and/or clauses and a reference that has only one permutation will be read on the broadest reasonable interpretation of that claim. Any claims that depend from one of these and/or claims must also further define over all permutations or be specific they are limiting to only one permutation.
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) 1-12, 15, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (US 5634713).
Regarding claim-1. Abe discloses a conveying device (Abstract; Fig.1-4) for bulk material (19), the conveying device comprising:
at least one pick-up unit (5, Fig.2) to pick up bulk material to be dispensed;
at least one discharge area (6, Fig.2) arranged downstream of the pick-up unit (5) in a main conveying direction and/or into which bulk material (19) is adapted to be relocated from the pick-up unit (5) via a bulk material outlet opening of the pick-up unit (Fig.2);
a discharge element (6C, 6E, 6D, Fig.5) provided within the discharge area (6) to discharge the bulk material (19) from the discharge area in a direction of a discharge opening (7A, Fig.5) of the conveying device; and
at least one nozzle (5F and 6D, Fig.2, 5) for blowing fluid (air) into an area around the discharge element.
Regarding claim-2. Abe discloses wherein the nozzle (9 with 6D, Fig.3) is provided for blowing fluid (air) into a coupling area (6G), in which coupling area, the discharge element (6C, 6E, 6D) is connected to a drive element or a drive shaft (6F), or is provided for blowing fluid into a dead space below the discharge element, or is provided for blowing fluid into a radially existing area between a shaft of the discharge element and an inner surface of a housing forming the discharge area.
Regarding claim-3. Abe discloses wherein the nozzle (6D) is arranged on or in a bearing element for bearing the discharge element or in the coupling area (Fig.2-5).
Regarding claim-4. Abe discloses wherein the nozzle (6D) is arranged on or in a shaft or a hollow shaft of the discharge element (Fig.2-5).
Regarding claim-5. Abe discloses wherein the fluid (air) is ejected by the nozzle (6D) along a direction substantially perpendicular to a direction of gravity or substantially parallel to the main extension direction of the discharge element (Fig.2-5).
Regarding claim-6. Abe discloses wherein the fluid (air) is adapted to be ejected with the nozzle (6D) along a direction substantially perpendicular to the main extension direction of the discharge element and/or deflected in a direction substantially parallel to the main extension direction (Fig.2-5).
Regarding claim-7. Abe discloses wherein the fluid (air) is adapted to be ejected with the nozzle (6D) along a direction radial to the main extension direction of the discharge element (Fig.5).
Regarding claim-8. Abe discloses further comprising at least one additional nozzle (5C, 5D, 5F) for at least temporarily ejecting a fluid jet (air) into the pick-up unit (5), wherein the additional nozzle is aligned such that an inner surface of the pick-up unit flows against the fluid jet, at least in some areas, to form a fluid flow in a manner of a cyclone as a cleaning fluid flow (Fig.2-3).
Regarding claim-9. Abe discloses wherein the pick-up unit (5) has a lid or a removable lid (4A, Fig.2), and wherein a bulk material feed opening is provided in the lid and/or wherein the pick-up unit is designed in a rotationally symmetrical manner at least in some areas (Fig.2-4).
Regarding claim-10. Abe discloses wherein the pick-up unit (5) has, at least in sections, a diameter tapering along a direction of gravity or an inner diameter (Tapered section, Fig.2-4).
Regarding claim-11. Abe discloses wherein the additional nozzle (5C, 5D, 5F) is aligned relative to the pick-up unit (5) or to the inner surface of the pick-up unit such that the fluid jet that is adapted to be ejected from the additional nozzle is deflected via an impact area of the inner surface of the pick-up unit (Fig.2-3).
Regarding claim-12. Abe discloses wherein the additional nozzle (5C, 5D) is arranged on the lid of the pick-up unit such that, when the lid is closed (4A), the additional nozzle protrudes at least partially into the pick-up unit (Fig.2-4).
Regarding claim-15. Abe discloses wherein the discharge opening terminates into a discharge element, wherein bulk material is adapted to be discharged from the conveying device via the discharge element in a direction substantially parallel or inclined to a direction of gravity and/or wherein the discharge element has a suction opening for extracting a fine fraction and/or wherein the suction opening and/or the discharge opening is adapted to be brought into active connection with a suction device for extracting dust (Fig.2-5).
Regarding claim-17. Abe discloses a method for cleaning a conveying device according to claim 1, the method comprising: removing at least parts of bulk material residue settled on and/or adhering to an inner surface of the pick-up unit or the discharge area (4) (A small amount of water is jetted from the injecting nozzle (7C) into the pressure chamber to remove material adhered to the pressure chamber (5) and the transporting conduit (8) to thereby smoothen the pneumatic transportation of the material and prevent dust from scattering from an outlet of the conduit, Col.3 line47-52; and Col.7 line66-67 to Col.8 line1-4); and conveying in a direction of the discharge opening (7A) the removed parts of the bulk material by forming a fluid flow as a cleaning fluid flow within the discharge area, the pick- up unit, and/or a coupling area of the discharge element, at least in some areas (Col.3 line47-52; and Col.7 line66-67 to Col.8 line1-4, Fig.2-5).
Regarding claim-18. Abe discloses wherein bulk material residues from dead spaces are removed by the fluid flow in the discharge area (Col.3 line47-52; and Col.7 line66-67 to Col.8 line1-4, Fig.2-5).
Claim(s) 1-7, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (JP S59182115).
Regarding claim-1. JP discloses a conveying device (Fig.1) for bulk material (unhauled rice), the conveying device comprising:
at least one pick-up unit (2, Fig.1)) to pick up bulk material to be dispensed;
at least one discharge area (1, Fig.1) arranged downstream of the pick-up unit in a main conveying direction and/or into which bulk material is adapted to be relocated from the pick-up unit via a bulk material outlet opening of the pick-up unit (Fig.1-2);
a discharge element (4, Fig.1) provided within the discharge area to discharge the bulk material from the discharge area in a direction of a discharge opening (3) of the conveying device (Fig.1); and
at least one nozzle (7) for blowing fluid into an area around the discharge element (Fig.1).
Regarding claim-2. JP discloses wherein the nozzle (7) is provided for blowing fluid into a coupling area, in which coupling area, the discharge element is connected to a drive element or a drive shaft, or is provided for blowing fluid into a dead space below the discharge element (Fig.1), or is provided for blowing fluid into a radially existing area between a shaft of the discharge element and an inner surface of a housing forming the discharge area.
Regarding claim-3. JP discloses wherein the nozzle (7) is arranged on or in a bearing element for bearing the discharge element or in the coupling area (Fig.1, 3-5).
Regarding claim-4. JP discloses wherein the nozzle (7) is arranged on or in a shaft or a hollow shaft of the discharge element (Fig.1, 3-5).
Regarding claim-5. JP discloses wherein the fluid (air) is ejected by the nozzle (7) along a direction substantially perpendicular to a direction of gravity or substantially parallel to the main extension direction of the discharge element (Fig.1, 3-5).
Regarding claim-6. JP discloses wherein the fluid (air) is adapted to be ejected with the nozzle (7) along a direction substantially perpendicular to the main extension direction of the discharge element and/or deflected in a direction substantially parallel to the main extension direction (Fig.1, 3-5).
Regarding claim-7. JP discloses wherein the fluid (air) is adapted to be ejected with the nozzle (7) along a direction radial to the main extension direction of the discharge element (Fig.1, 3-5).
Regarding claim-10. JP discloses wherein the pick-up unit (1) has, at least in sections, a diameter tapering along a direction of gravity or an inner diameter (Tapered Section of 1).
Regarding claim-17. JP discloses a method for cleaning a conveying device according to claim 1, the method comprising: removing at least parts of bulk material residue settled on and/or adhering to an inner surface of the pick-up unit or the discharge area (4) (removing sticked unhauled rice from discharge area 4 by ejecting air through nozzle 7); and conveying in a direction of the discharge opening (3) the removed parts of the bulk material by forming a fluid flow as a cleaning fluid flow within the discharge area, the pick- up unit, and/or a coupling area of the discharge element, at least in some areas (Fig.1, 3 and 5).
Regarding claim-18. JP discloses wherein bulk material residues from dead spaces are removed by the fluid flow in the discharge area (removing sticked unhauled rice from discharge area 4 by ejecting air through nozzle 7, Fig.1, 3 and 5).
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) 13-14 is/are rejected under 35 U.S.C. 103 as obvious over Abe (US 5634713) and (JP S59182115).
Regarding claim-13-15. The additional features are mere design and constructional detail which providing cleaning agent comes with a scope of routine knowledge for cleaning of conveying system.
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 5634713) in view of Martin (US 20200047374).
Regarding claim-16. Abe discloses a system comprising: the conveying device according to claim 1 (See claim-1 Rejection); and But Abe doses not teaches at least one extruder arranged in a main conveying direction downstream of the conveying device, wherein the pick-up unit, the discharge opening, and/or the discharge element, and/or bulk material from the conveying device, are adapted to be fed in doses to the extruder via the discharge element. However, an extruder is an obvious use for a conveying device.
Martin discloses a conveying device and teaches an extruder (100).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to additionally provide Abe system with extruder for purpose of processing material residues or material mixture.
Regarding claim-20. Abe as modified doesn’t explicitly disclose wherein control of the bulk material feed opening, the discharge element of the conveying device, the nozzles, the additional nozzle, the cleaning agent feed device, the extruder and/or the suction device is provided in a defined chronological sequence. However, it is mere of design and constructional detail which comes with a scope of routine that the various method steps of claim 17 must be coordinated sequentially with one another in terms of time.
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over (JP S59182115) in view of Martin (US 20200047374).
Regarding claim-16. JP discloses a system comprising: the conveying device according to claim 1 (See claim-1 Rejection); and But JP doses not teaches at least one extruder arranged in a main conveying direction downstream of the conveying device, wherein the pick-up unit, the discharge opening, and/or the discharge element, and/or bulk material from the conveying device, are adapted to be fed in doses to the extruder via the discharge element. However, an extruder is an obvious use for a conveying device.
Martin discloses a conveying device and teaches an extruder (100).
Therefore, it would have been obvious to the skilled person in the art before the effective filing date of claimed invention to additionally provide JP system with extruder for purpose of processing material residues or material mixture.
Regarding claim-20. JP as modified doesn’t explicitly disclose wherein control of the bulk material feed opening, the discharge element of the conveying device, the nozzles, the additional nozzle, the cleaning agent feed device, the extruder and/or the suction device is provided in a defined chronological sequence. However, it is mere of design and constructional detail which comes with a scope of routine that the various method steps of claim 17 must be coordinated sequentially with one another in terms of time.
Allowable Subject Matter
Claim 19 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
Note: Examiner strongly suggests applicant to thoroughly review Notice of References Cited PTO-892 as there are other prior arts or in combination can be used to reject claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD AWAIS whose telephone number is (571)272-4955. The examiner can normally be reached Monday-Friday 7-4 pm (EST).
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MA/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
