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                 COMMISSIONER'S  DECISION

 

Obviousness: Conveyor Belt Cleaning Device

 

Applicant claimed a belt-cleaning device in the form of a pulley which

comprises a shaft having two auger flights or spirals for cleaning the

belt, wound about the shaft and secured thereto. The rejection was

reversed because the cited art did not teach what was claimed, nor was

the device obvious from that art.

 

Rejection: Reversed

 

                       ****************

 

Patent application 274,857 (Class 198-89), was filed on March 28, 1977

for an invention entitled "Conveyor Belt Cleaning Device." The inventor

is James R. Stoddard, assignor to Stoddard (J.) & Sons Limited. The

Examiner in charge of the application took a Final Action on February 22,

1979, refusing to allow it to proceed to patent.

 

The application relates to an endless conveyor system including a pulley

arrangement for removing particulate material from the inner face of an

endless belt in the conveyor system. The pulley comprises a shaft having

two auger flights (spirals) wound about the shaft and secured thereto.

More on this system later.

 

In the Final Action the Examiner refused the application in view of the

following patents because, in his view, the claim fails to define patentable

subject matter.

 

United States

 

2,886,169                May 12, 1959            Calder

 

British

 

954,741                 Apr. 8, 1964             Pates

 

Canadian

 

432,607                Jan. 22, 1946             Bevan

 

In that action he argued that there is no patentable merit in stipulating that

the flights are supported away from the shaft by a plurality of support members.

He went on to say that it is held that the mere use of plural auger flights

over a single auger arrangement is a matter of design expediency only,

and it involves no inventive ingenuity.

 

In response to the Final Action the Applicant cancelled the claims on file and

submitted new claims 1 to 5. In that response he argued that the amended

claims are properly allowable and not open to the objections made by the

Examiner. He went on to say that the embodiment defined in the amended claims

overcomes the problem of "poor cleaning" of the belts used in the cited art.

He overcomes this problem by providing more than one spiral flight and by

supporting the flights away from the pulley shaft so that there is no trough

formed between adjacent turns of the spiral in which material may build up.

He went on to say:

 

  ...

 

The two main claims submitted with this response for consideration,

are restricted to a plurality of flights of the same hand and it is

believed that the Examiner may well give consideration to these new

claims because the invention disclosed and claimed is a considerable

practical improvement over the previously proposed arrangement.

 

Although United States patent 2,886,169 shows the basic concept

of the belt cleaning pulley, the new construction now claimed leads

to improved performance and it is respectfully submitted that the

improvements defined in the new claims of record are not obvious

from a reading of British patent 954,741.

...

 

The consideration before the Board is whether or not the application is directed

to a patentable advance in the art.

 

As mentioned, the application relates to an endless conveyor including a pulley

arrangement for removing particulate material from the inner face of an endless

belt in the conveyor. Figures 1 and 2, below, show that arrangement:

 

                        (See formula 1)

 

The endless belt is shown at 10, while Figure 2 shows an arrangement which

replaced a normal pulley and illustrates a multi-flight embodiment mounted on

struts 5. It is the object of the device to provide a special pulley

arrangement which presents a leading edge to the belt, and which has an

area directed inwardly for driving dislodged particulate material to one end

of the pulley and away from the system. More specifically, the special pulley

device, for an endless belt conveyor, comprises a shaft having two flights wound

spirally about the shaft and secured thereto. The flights include an

outwardly directed leading edge 20 for supporting a belt and an inwardly

directed surface portion for driving dislodged material towards one end of the

pulley. Amended claim 1 reads:

 

A pulley for an endless conveyor comprising a rotatable

shaft and a plurality of flights of the same hand wound

helically about the shaft and starting at different

angular positions about the shaft, the flights each being

in strip form supported away from the shaft so as to define

a substantially unrestricted annular clearance about the

shaft, and having a surface portion and a narrower edge

portion, the edge portion being outwardly directed for

supporting a belt of the conveyor during use and the surface

portion projecting inwardly from the edge portion for

driving material dislodged from the belt towards an end of the

pulley.

 

The patent to Calder describes and shows a pulley for an endless conveyor

comprising a rotatable shaft 2, an auger flight 6 wound helically about

the shaft, the flight being in strip form having a surface portion and a

narrow edge portion, the edge portion being outwardly directed for support-

ing a conveyor belt 10. The surface portion projects inwardly from

the edge portion for driving material dislodged from the belt towards

the ends of the pulley. Figure 1, below, shows that arrangement:

 

                         (See formula 1)

 

Claim 1 of that patent reads:

 

A belt roller comprising, an elongated shaft having spaced

portions adapted to be supported to permit rotational move-

ment of said shaft,scroll means secured to said shaft to

extend longitudinally thereof between said spaced portions

with at least one end thereof being spaced from said portion

of said shaft adjacent thereto, means secured to said shaft

between said one end of said scroll means and said adjacent

portion of said shaft, and said last mentioned means

comprising a separate paddle extending outwardly beyond

said shaft a greater distance than said scroll means extends

to engage dirt accumulations adjacent said one end of said

scroll means.

 

Pates describes and shows a conveyor belt pulley comprising a shaft with

helical flights wound about the shaft and supported away from the shaft by

a plurality of support members.

 

The patent to Bevan shows the concept of incorporating plural helical flights

in a material conveying auger in plows used for removing snow.

 

On a complete study of the application we find that the combination of the

instant device is clearly novel. For example, the Applicant provides

more than one spiral flight and by supporting the flights away from the

pulley shaft so that there is no trough formed between adjacent turns

of the spiral in which material may build up. The only question remaining

is whether or not there is ingenuity in the invention. It is clear that

the basic concept of a belt cleaning pulley is shown by the Calder patent

and the Applicant has recognized this. The Applicant argues that the

"improved performance" of his device is a patentable improvement and the claims

properly define the scope of monopoly of an invention described in his

application.

 

We have no reason to disagree with the Applicant when he points out that

a pulley consisting of more than one spiral at any one point gives the belt

much greater peripheral support while moving dislodged material quickly

to the sides of the belt. The Calder patent shows the use of left and

right hand single spiral blade which are secured directly to the pulley shaft.

This, he maintains, tends to allow a build up of material in a "spiral

trough-shaped zone defined by adjacent sections of the spiral blade and the

shaft." The Applicant also argues that, at any point along the pulley

disclosed in Calder, the belt is only supported by one spiral. This is,

as opposed to the present arrangement,which provides for more than one

spiral flight at any one point and by supporting the flights away from the

pulley shaft so that there is no trough formed between adjacent turns of the

spiral. The Pates patent works on a different principle in that the greater

proportion of the circumferential surface of the pulley is presented by the

faces of the strip which confronts the belt whereby particulate material

may be trapped between the face of this strip and the belt.

 

The Applicant has amended his claims to include the point that the helical

flights start at a different angular position about the shaft. While

this may roughly be shown by Bevan in use with a snow plow, it is new

in the present combination and for a totally different use. Another

feature of the claims is that the flights define an unrestricted annular

clearance about the shaft. This is not shown by the cited art.

 

To summarize, it is clear that the combination is novel and we are satisfied

that the claims properly define the scope of monopoly of an invention des-

cribed in the disclosure and illustrated in the drawings. It is our

view that the several elements of the claimed combination cooperate to

produce a highly desirable improved result which we believe is not obvious

from the cited references.

 

We recommend that the decision in the Final Action to refuse the application

be withdrawn.

 

J.F. Hughes

Assistant Chairman

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and considered the

recommendation of the Patent Appeal Board. I concur with the reasoning

and findings of the Board. Accordingly, I withdraw the Final Action

and return the application to the Examiner for resumption of prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

 

this l5th.day of April, 1980

 

Agent for Applicant

 

Ade, Kent & Assocts.

302-211 Portage Ave.

Winnipeg, Man.

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