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 .
Claims 24 and 26-29 are pending and examined herein on the merits.
Claim Interpretation
Claim 29 recites the phrase “releasably coupled” without a definition in the specification. The Examiner is taking the broadest reasonable interpretation in that the coupling cannot be permanent such as welded or fused such that the units would only come apart if broken. However numerous fasteners would be considered “releasable” including bolted coupling. Accordingly, the Examiner has examined the claims in light of this interpretation.
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.
Claims 24 and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Peppard (US patent 2022779, published 09/27/1934) in view of Ruben (USPGPUB 30300008353, filed on 07/03/2018).
The claims are drawn to a modular system for a continuous processing of a Cannabis plant comprising two or more processing units including foliage removal unit, Trichome collection unit, seed collection unit, seed processing unit wherein said units are operatively couple to each other, wherein there are three or more said units, wherein the said two or more units are couple via one or more transporter units wherein the transport unit can be a roller, a belt, a chain, a chute or a pulley and wherein two or more units are releasably coupled to one another.
Peppard teaches a seed harvesting machine comprising units for removing foliage, processing seeds (removing seeds) and collecting seeds wherein the units are coupled via a transport unit, namely a slatted conveyer belt, but also wherein pulleys are used and wherein two or more units are releasably connected via bolts (See Figure 1 in particular paragraphs 25-30 and claims 3, 4 and 8, for example).
Peppard does not teach using the seed harvester for Cannabis plants, but all of the physical and structural requirements of the instant claims are met in the disclosure by Peppard.
Ruben teaches a specific harvester for processing Cannabis, demonstrating that the state of the art appreciated the need for mechanical and automation of Cannabis harvesting.
Given the state of the art it would have been obvious to use the seed harvester taught by Peppard or any of the numerous seed harvesters disclosed since for the processing of Cannabis and one would have been motivated to do so, given the teaching of Ruben wherein it is acknowledged that such harvesters can assist in collecting parts of the Cannabis plant for processing commercial Cannabis.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T PAGE whose telephone number is (571)272-5914. The examiner can normally be reached M-F 7-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amjad Abraham can be reached at 5712707058. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T PAGE/Primary Examiner, Art Unit 1663
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