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.
Claim 4 recites the limitation "the drive surface" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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) 1-8 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burger U.S. Patent No. 5,174,437.
Claim 1, Burger teaches a drive unit for driving a conveyor chain 2 of a chain conveyor in a longitudinal direction of the chain conveyor Abstract, wherein the drive unit Fig. 1 comprises: a drive chain 4 with an endless configuration configured to surround a first sprocket 13 arrangement with at least one first sprocket 13 and a second sprocket 13 arrangement with at least one second sprocket 13; a motor for rotating at least one of the first and second sprocket 13 arrangements at least in one rotation direction for moving the drive chain 4 in a longitudinal direction C2 L60-68; and wherein the drive chain 4 comprises several interconnected first chain links of 4 and several interconnected second chain links of 4 (known in roller chain conveyor assemblies) which are located at a transverse distance from each other Fig. 1; and wherein the first and second chain links comprise several chain pins of 4 (known in roller chain conveyor assemblies) connecting the successive first chain links together and the successive second chain links together C2 L60-65; a plurality of guide rolls 4’ supported rotatably to the first and second chain links by means of the chain pins Fig. 1; and wherein the drive chain 4 further comprises several drive teeth of 13 protruding outwardly from the drive chain 4 and comprising curved drive surfaces of 4 for transmitting driving forces from the drive unit to the conveyor chain 2; wherein each of the first and second chain links of 4 comprises, in the longitudinal direction of the drive chain 4, a middle point which is located between transverse central axis of the chain pins of 4 (known in roller chain conveyor assemblies); and wherein each curved drive surface of 4’ comprises a center of curvature and the center of curvature is located away from the middle point a longitudinal distance towards the central axis of the chain pins of 4 C5 L15-30.
Claim 2, Burger teaches the centers of curvature are located in vertical alignment with the central axis of the chain pins when examined in the longitudinal direction of the drive chain 4 Fig. 2.
Claim 3, Burger teaches the centers of curvature are located at shorter longitudinal distances from the central axis of the chain pins of 4 compared to longitudinal distances from the middle points Fig. 2.
Claim 4, Burger teaches the drive teeth of 13 comprise side surfaces limiting outermost surfaces in the longitudinal direction of the drive chain 4 and wherein the drive surfaces of 4’ are located only on the side surfaces of the drive teeth of 13 Fig. 1.
Claim 5, Burger teaches each drive tooth of 13 comprises a top of tooth of 13 which is without any drive surface of 4,4’ providing tooth contact between the drive chain 4 and the conveyor chain 2 Fig. 13.
Claim 6, Burger teaches each drive surface of 4 has a shape of a quadrant Fig. 2.
Claim 7, Burger teaches each drive tooth of 13 comprises two drive surfaces of 13 provided on opposite outermost side surfaces whereby the drive tooth of 13 comprises the drive surfaces of 4,4’ facing towards a conveying direction of travel and towards an opposing reversing direction of travel Figs. 1-2.
Claim 8, Burger teaches the drive unit comprises a guide arrangement 8 for directing the drive teeth of 13 into contact with the conveyor chain 2 and for directing the drive teeth of 13 apart from the conveyor chain 2.
Claim 12, Burger teaches the chain conveyor 2 is a slat conveyor 1’ comprising a plurality of transverse slats 1’ on outer surface of the conveyor chain assembly 2,4 for supporting the objects to be conveyed Fig. 1.
Claim 13, Burger teaches a method for operating a chain conveyor 2, the method comprising: transporting objects or material on an endless conveyor chain assembly 2,4 of the chain conveyor 2 Abstract; driving the conveyor chain assembly 2,4 in a longitudinal direction by means of a drive unit comprising a drive chain 4 arranged inside the endless conveyor chain assembly 2,4 and comprising a plurality of drive teeth of 13 on an outer surface of the drive chain 4; moving the conveyor chain assembly 2,4 on a first strand constituting a material-transport strand, and on a second strand constituting a return strand oppositely-moving to the first strand guiding curved drive surfaces of the drive teeth of 13 into engagement with the return strand of the conveyor chain assembly 2,4 at a limited drive section inside the endless conveyor chain assembly 2,4 Figs. 1-2; and transmitting driving forces from leading edge surfaces of the drive teeth of 13 to the conveyor chain assembly 2,4 C5 L15-30.
Claim Rejections - 35 USC § 103
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 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 11 are rejected under 35 U.S.C. 103 as being unpatentable over Burger U.S. Patent No. 5,174,437 in view of Kissee U.S. Patent No. 5,303,817.
Claim 9, Burger teaches a plurality of support rolls 4’ mounted to the conveyor chains 2,4 for supporting the conveyor chain assembly 2,4 to support surfaces of the body below the first strand Fig. 1; and a drive unit for driving the conveyor chain assembly 2,4 in the longitudinal direction; wherein the drive unit is in accordance with claim 1 Abstract; and wherein the drive chain of the drive unit is located inside a closed loop configuration of the endless conveyor chain assembly; and wherein the protruding drive teeth of 13 on the outer surface of the drive chain 4 are in engagement with the conveyor chain assembly 2,4 at a limited drive section on an inner surface side of the return strand of the conveyor chain assembly C5 L15-30, but does not teach as Kissee teaches a chain conveyor 15 for conveying objects Abstract and comprising: a body Fig. 2; a conveyor chain assembly 15,22 provided with a pair of endless conveyor chains 15,22 arranged parallel in a longitudinal direction of the conveyor Fig. 2; a first idler sprocket assembly 23 and second idler sprocket assembly 23 around which the conveyor chains 15,22 are supported for moving the conveyor chain assembly 15,22 on a first strand constituting a material-transport strand, and on a second strand constituting a return strand oppositely-moving to the first strand Fig. 2. It would have been obvious to one having ordinary skill in the art to combine the transport disclosed in Burger with the sprocket configuration taught in Kissee with a reasonable expectation of success because
Claim 11, Burger teaches the protruding drive teeth of 13 the drive chain 4 are in engagement with the support rollers 4’ of the conveyor chain 2 at the drive section Fig. 1.
Allowable Subject Matter
Claim 10 is 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 KAVEL SINGH whose telephone number is (571)272-2362. The examiner can normally be reached Monday - Thursday 8am-6pm.
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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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/KAVEL SINGH/Primary Examiner, Art Unit 3651
KS
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