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 Objections
Claims 1-9 and 11 are objected to because of the following informality: all of these claims contain reference characters which should all be removed.
Claim 1 is objected to because of the following informalities:
“comprising:” in line 1 should read “the metering device comprising:”.
“movably, wherein” in line 4 should read “movably, and wherein”.
Claim 2 is objected to because of the following informalities:
“in each case” in line 2 should read “each”.
“other, wherein,” in line 4 should read “other, and wherein,”.
Claim 3 is objected to because of the following informalities:
“in each case” in line 2 should read “each”.
“respective pouring” in line 2 should read “respective at least one pouring”.
“supported movably” in line 4 should read “movable”.
“an arcuate movement path” in line 4 should read “respective arcuate movement paths” (because each weigh hopper 16/18 has its own arcuate movement path 34/36).
Claim 4 is objected to because of the following informalities:
“in each case” in line 2 should read “each”.
“respective pouring” in line 3 should read “respective at least one pouring”.
“movable” in line 6 should read “moved”.
Claim 5 is objected to because of the following informalities:
“movable” in line 3 should read “moved”.
“the two” in line 4 should read “the at least two”.
Claim 6 is objected to because of the following informalities:
“in each case” in line 2 should read “each”.
“respective pouring” in line 2 should read “respective at least one pouring”.
“in each case” in line 4 should read “each”.
“wall, wherein” in line 4 should read “wall, and wherein”.
“the housings (30, 32) of the at least two weigh hoppers (16, 18)” in line 5 should read “the respective housing” (because each at least partly open side wall is arranged on a side of only one of the housings 16 and 18).
“pouring” in line 7 should read “at least one pouring”.
Claim 7 is objected to because of the following informalities:
“step” in line 2 should read “step of the method”.
“supported movably” in line 3 should read “movably supported”.
“a movement path” in lines 3-4 should read “respective movement paths” (because each weigh hopper 16/18 has its own movement path 34/36).
Claim 11 is objected to because of the following informalities:
“comprising:” in line 1 should read “the metering device comprising:”.
“in each case” in line 5 should read “each”.
“pouring” in line 6 should read “at least one pouring”.
“supported movably” in line 7 should read “movably supported”.
“other, wherein,” in line 7 should read “other, and wherein,”.
Appropriate correction is required.
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 6 and 9 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 pre-AIA the applicant regards as the invention.
The phrase "at least substantially parallel" in claim 6 line 6 is a relative phrase which renders the claim indefinite. The phrase "at least substantially parallel" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The angle between the side of the housings and the pouring edge has been rendered indefinite by the use of the phrase.
The phrase "at least substantially synchronously" in claim 9 line 2 is a relative phrase which renders the claim indefinite. The phrase "at least substantially synchronously" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The way in which the at least one volume metering unit is moved with respect to the weigh hoppers has been rendered indefinite by the use of the phrase.
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.
(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.
Claims 1-3 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishii (JP H09169314 A).
Regarding claim 1, Ishii discloses a metering device (all the parts shown in Figures 4-7, collectively) for a packaging machine (all the parts shown in Figure 1, collectively), comprising:
at least one metering unit (4 and 6-8 and 12-14 on the left and right sides of Figure 4, collectively) having at least two weigh hoppers (6 on the left and right sides of Figure 4), each of which has at least one pouring element (the pouring element of the left hopper 6 being its right shutter 6c in Figure 4, and the pouring element of the right hopper 6 being its left shutter 6c in Figure 4),
wherein the at least one pouring element (6c) is supported movably (Paragraphs 0025 and 0031 of Machine Translation of JP H09169314 A), wherein in at least one operation state (the “initial position” of the two hoppers 6 in which their longitudinal axes are vertical; or the state shown in Figure 5; or the state shown in Figure 6; or the state shown in Figure 7), the pouring elements (6c) are arranged opposite one another (apparent from Figure 4/5/6/7).
Regarding claim 2, Ishii discloses that the at least two weigh hoppers (6 on the left and right sides of Figure 4) in each case have a housing (all parts of 6 except 6c, collectively) on which the respective at least one pouring element (6c) is supported movably (apparent when Figure 6 is viewed in relation to Figure 8), that the housings of the at least two weigh hoppers (6 on the left and right sides of Figure 4) are supported movably relative to each other (apparent when Figures 4-7 are viewed in relation to one another), and that, at least after a movement of the housings of the weigh hoppers (6 on the left and right sides of Figure 4) towards each other, the pouring elements (6c) are arranged opposite one another (apparent when Figure 4 is viewed in relation to Figure 5).
Regarding claim 3, Ishii discloses that the at least two weigh hoppers (6 on the left and right sides of Figure 4) in each case have a housing (all parts of 6 except 6c, collectively) on which the respective pouring element (6c) is supported movably (apparent when Figure 6 is viewed in relation to Figure 8), and that the housings of the at least two weigh hoppers (6 on the left and right sides of Figure 4) are supported movably relative to each other along an arcuate movement path of the weigh hoppers (apparent when Figures 4-7 are viewed in relation to one another).
Regarding claim 6, Ishii discloses that the at least two weigh hoppers (6 on the left and right sides of Figure 4) in each case have a housing (all parts of 6 except 6c, collectively) on which the respective pouring element (6c) is supported movably (apparent when Figure 6 is viewed in relation to Figure 8), that the housings of the at least two weigh hoppers (6 on the left and right sides of Figure 4) in each case have an at least partly open side wall (the wall on which inlet 6a is located in Figures 4 and 8) (apparent from Figures 4 and 8), and that the at least partly open side wall (the wall on which inlet 6a is located) is arranged on a side of the housings of the at least two weigh hoppers (6 on the left and right sides of Figure 4) which is oriented at least substantially parallel to a pouring edge (free edge of 6c which is not pivotally attached to the housing in Figures 4, 6, and 8) of the respective pouring element (6c) (because both the wall on which inlet 6a is located and the free edge of 6c extend in a direction perpendicular to the planes of Figures 4, 6, and 8, as is clear from Figures 4, 6, and 8).
Regarding claim 7, Ishii discloses that in at least one method step, housings (each of the two housings being all parts of 6 except 6c, collectively) of the at least two weigh hoppers (6 on the left and right sides of Figure 4) on which the respective pouring elements (6c) are supported movably are moved along a movement path of the weigh hoppers (6 on the left and right sides of Figure 4) for an opposite-situated arrangement of the pouring elements (6c) (apparent when Figure 4 is viewed in relation to Figure 5; or apparent when Figure 5 is viewed in relation to Figure 6).
Regarding claim 8, Ishii discloses that at least one volume metering unit (4 in Figures 4-7) of the at least one metering unit (4 and 6-8 and 12-14 on the left and right sides of Figure 4, collectively) is moved, depending on a movement and/or on a position of the housings of the at least two weigh hoppers (6 on the left and right sides of Figure 4), relative to the at least two weigh hoppers (Paragraphs 0029, 0030, 0034, and 0020 of Machine Translation of JP H09169314 A).
Regarding claim 9, Ishii discloses that the at least one volume metering unit (4) is moved at least substantially synchronously with the weigh hoppers (6 on the left and right sides of Figure 4) (clear from Paragraphs 0029, 0030, 0034 of Machine Translation of JP H09169314 A).
Regarding claim 10, Ishii discloses a packaging machine (all the parts shown in Figure 1, collectively) with at least one metering device (all the parts shown in Figures 4-7, collectively) according to claim 1 (apparent when Figure 1 is viewed in relation to Figure 4, see 102(a)(1) rejection of claim 1 above).
Regarding claim 11, Ishii discloses metering device (all the parts shown in Figures 4-7, collectively) for a packaging machine (all the parts shown in Figure 1, collectively), comprising:
at least one metering unit (4 and 6-8 and 12-14 on the left and right sides of Figure 4, collectively) having at least two weigh hoppers (6 on the left and right sides of Figure 4), each of which has at least one pouring element (the pouring element of the left hopper 6 being its right shutter 6c in Figure 4, and the pouring element of the right hopper 6 being its left shutter 6c in Figure 4),
wherein the at least one pouring element (6c) is supported movably (Paragraphs 0025 and 0031 of Machine Translation of JP H09169314 A), wherein the at least two weigh hoppers (6 on the left and right sides of Figure 4) in each case have a housing (all parts of 6 except 6c, collectively) on which the respective pouring element (6c) is supported movably (apparent when Figure 6 is viewed in relation to Figure 8), wherein the housings of the at least two weigh hoppers (6 on the left and right sides of Figure 4) are supported movably relative to each other (apparent when Figures 4-7 are viewed in relation to one another), wherein, at least after a movement of the housings of the weigh hoppers (6 on the left and right sides of Figure 4) towards each other, the pouring elements (6c) are arranged opposite one another (apparent when Figure 4 is viewed in relation to Figure 5).
Allowable Subject Matter
Claims 4 and 5 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the closest prior art reference, Ishii (see 102(a)(1) rejection of claim 1 above), discloses that the at least two weigh hoppers (6 on the left and right sides of Figure 4) in each case have a housing (all parts of 6 except 6c, collectively) on which the respective pouring element (6c) is supported movably (apparent when Figure 6 is viewed in relation to Figure 8).
However, Ishii, taken alone or in combination with the prior art as a whole and legal precedence, fails to teach or render obvious the combination of limitations: the metering device further comprises at least one movement coupling unit, wherein depending on a movement of at least one of the housings of the at least two weigh hoppers, the housings of the at least two weigh hoppers are movable by the at least one movement coupling unit in different directions.
Regarding claim 5, it is indicated as being allowable solely because it depends from claim 4 which is allowable as explained above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ichikawa et al. (US 2023/0047521) also teaches a metering unit (2 in Figure 2) having at least two weigh hoppers (214 on the left and right sides of Figure 2) having movably supported pouring elements (the triangle-shaped shutters of 214 shown in Figure 2) arranged opposite one another (apparent from Figure 2, Paragraph 0050).
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/TANZIM IMAM/Primary Examiner, Art Unit 3731
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