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Decision Information

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                      COMMISSIONER'S DECISION

 

OBVIOUSNESS: UNLOADING UNIT FOR SHIPS

 

Applicant's arrangement utilizing an inwardly discharging bucket wheel and

C-shaped conveyor mounted on a floating C-shaped support frame carried by

a gantry represents a patentable advance over the cited art.

 

Final Action: Reversed

 

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

 

Patent application 324,205 (Class 201-4), was filed on March 23, 1979

for an invention entitled BULK-MATERIAL UNLOADING UNIT FOR SHIPS OR LIKE

CARRIERS. The inventor is Rudiger Franke, assignor to Mannesmann Demag

AG. The Examiner in charge of the application took a Final Action on

May 7, 1982 refusing to allow it to proceed to patent. By letter of

March 18, 1983, Applicant withdrew his request for a Hearing.

 

The subject matter of this application relates to apparatus for unloading

bulk materials such as ore or crushed stone from ships. It consists of a

discharge bucket wheel and a number of conveyor belts mounted on a pivotal

boom carried by a gantry. Figure 1 of the application is shown below.

 

<IMG>

 

Gantry 3 has a boom system hinged to upper part 4. This boom system carries

the conveyers 17, 14, 15 and bucket wheel 13.

 

In the Final Action the application was refused in view of the following

patents.

 

   United States     3,828,915    Aug. 13, 1974    Cox

                       1,421,787    July 4,  1922    Kininmonth

                       2,425,342    Aug. 12, 1947    Palmer

 

     Germany           2,519,447    Nov. 11, 1976

 

Cox shows material handling equipment having an elevator unit depending from

a conveyor boom. Figure 1 of the patent is shown here.

 

<IMG>

 

Twin bucket wheels 41 load material on conveyor 42 from which it is transferred

to bucket elevator 30b and eventually reaches lowering conveyor 19.

 

Kininmonth relates to a bucket elevator for discharging ore or other cargoes

from ships and barges.

 

Palmer shows apparatus for removing bulk materials from bins, pits, containers

or cargo holds of barges and ships.

 

The German patent shows the use of a C-shaped conveyor section for overhead

conveying with the conveyor belts. Figure 1 of that patent is shown below.

 

<IMG>

 

Material 1 is placed on belt 4 at 12 and is moved between belts 4 and 5 to be

discharged in overhead hopper 3.

 

In that Final Action the Examiner stated (in part):

 

***

 

It is pointed out that United States patent No. 3,828,915 to

Cox clearly describes and shows a bulk-material unloading

system for ships comprising a gantry 1 movable alongside the

ship, a boom system 10a, 10b mounted on the gantry for

pivotal movement in a vertical plane, and rotational move-

ment about the vertical axis of a slewing ring 4a, a removing-

conveyor belt 17 associated with the boom system, an elevator

unit 30 including an upper C-shaped support portion arranged

at the tree end of the boom system to pivot about a vertical

axis 33c. A bucket wheel 41 rotatably mounted on the lower end

of said elevator unit, and a vertical conveyor 30b arranged

within said elevator unit and extending between said bucket

wheel and the removing-conveyor belt in a manner such that the

unloading location of the vertical conveyor is situated at the

removing-conveyor belt in the vicinity of the vertical pivot axis

33c of the C-shaped support portion of the elevator unit, sub-

stantially as defined by applicant in claim 1.

 

There is no patentable merit in merely specifying that the

vertical conveyor is a C-conveyor as opposed to a bucket

conveyor shown by Cox. German Patent No. 2,519,447 clearly

shows vertical conveyors of the type utilized by applicant

to be old and known.

 

The above cited United States patents to Cox, Kininmonth and

Palmer clearly describe and show the expediency of inter-

connecting a ship-unloading elevator unit to a boom system

by means of a parallelogram drive linkage so that the pivot

axis of the elevator unit is maintained in a vertical

position when the boom is pivoted in a vertical plane,

precisely as defined by applicant in claim 2.

 

***

 

In response to the Final Action the Applicant stated (in part):

 

***

 

Applicant maintains that the Examiner's rejection of claim 1

is improper for the following reasons:

 

1) Even considered together, the cited references

do not disclose all the essential features

of applicant's claimed structure.

 

2) The Examiner's suggestion that it would be

obvious to substitute some of the elements

shown in one reference for elements shown

in the other reference has no basis in the

teachings of the prior art. In making the

suggestion the Examiner is relying on applic-

ant's teachings.

 

3) Above all, applicant is claiming a new and useful

combination having advantages which are not

remotely suggested in the prior art.

 

***

 

As compared with Cox, the present invention also contains

design differences. For example, the conveyor described

in the Cox patent is not C-shaped, but is S- or Z-shaped,

which makes it necessary to deflect it in two different

planes or to provide an intermediate conveyor. In order to

be fully functional, the conveyor must be inclined at a

specific angle, to ensure that the centre of gravity of the

pivotable part is located in the vicinity of the pivot axis.

 

These problems can be solved with considerably less structural

expense by the C-shaped conveyor which, in addition to this,

has a much more satisfactory conveying capacity. The endless

conveyor belt of a C-shaped conveyor of this kind has a

substantially higher discharge output, and this may be increased

still further by operating it at a higher speed. Furthermore,

a belt of this kind runs more quietly and this reduces not only

noise, but also vibration, and reduced vibration in turn

reduces the amount of material scattered.

 

Finally, the applicant would again draw attention to the in-

wardly unloading bucket wheel, especially to the conveyor

extending into it, as a feature which is distinguished from

the invention disclosed in Cox.

Since the type of transfer according to the present inven-

tion eliminates the intermediate conveyor disclosed in the

Cox patent, and the very unsatisfactory overhead according

to the prior art which is discussed in the present application with

reference to German Patent No. 21 00 956, it is submitted that

the inwardly unloading bucket wheel, and especially the conveyor

extending into it, is a feature distinguished fran the prior

art and therefore patentable. According to the present inven-

tion, the shorter path of transfer has a favourable effect on

the performance of the conveyor and additionally the pivotability

and the location of the centre of gravity are also favourable.

Applicant had requested a hearing. However, a subsequent letter withdrew the

request.

Claim 1 of the application reads:

A bulk-material unloading unit for ships or like carriers, compris-

ing a gantry which is adapted to travel alongside the said

carrier, a vertically-pivotable boom system arranged upon the

gantry an d adapted to rotate about a vertical axis, a remov ing-

~onveyor belt associated with the boom system, a C-shaped support

frame arranged at the free end of the said boom system to pivot

about a vertical axis, a vertically-rotating inwardly-discharging

bucket wheel mounted floatingly on the lower member of said C-shaped

support frame, and a vertical C-conveyor being arranged between

the said bucket-wheel and the removing-conveyor belt and being

mounted so that the ejection location thereof is situated at the

removing-conveyor belt in the vicinity of the vertical pivot axis

of the said support frame.

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

directed to a patentable advance over the art.

V'e note that the Final Action details the Cox structure by numerals to show

same of the components utilized in this application. Further it adds that

the use of a C-conveyor is shown in the German patent and the parallelogram

drive linkage i s found in Cox, Kinenmonth and Palmer. On the other hand the

applicant argues that the cited references fail to disclose the essential

features of his claimed structure which represents a useful combination hav-

ing advantages not remotely suggested by these references.

 

Looking at the Cox reference we find that twin bucket wheels are arranged

for rotation about the outer end of the gathering feeder conveyor support.

This feeder conveyor moves the material to a bucket conveyor for vertical

movement out of the ship's hold to discharge it onto a belt conveyor and

eventually move it to the dock area. The Final Action states that Cox

has an "upper C-shaped support portion arranged at the free end of the

boom system to pivot about a vertical axis 33C". We agree when viewing

the upper portion of the boom end configuration in Cox it is the form of

a "C". However, wh en viewing the complete structure at the end of the boom

we see that it includes the vertical bucket conveyor with the bucket wheels

attached at the bottom. This configuration resembles a "Z" type of

structure rather than a "C" type used by the applicant.

 

The applicant maintains that he has a particular combination of structure

having a particular utility and argues that any assessment of patentability

must take into account his combination as such. Further, he adds that the

inward unloading bucket, especially the conveyor extending into it, is a

feature wfiich distinguishes from the invention disclosed in Cox. We find

that the applicant's arrangement utilizing an inwardly discharging bucket

wheel and C-shaped conveyor mounted on a floating C-shaped support frame

represents a patentable advance over the cited art.

 

Having concluded that the applicant has a patentable combination we would

like to make the following comments with respect to claim 1. This claim

uses the term "floatingly" to describe the wheel mounting. We do not think

that this term accurately describes the manner in which the wheel is attached

to the C frame member. It would appear that the wheel is mounted on a

"floating" support frame. Further, the applicant argues that his C-shaped frame

carrying a C-shaped conveyor extending into the unloading bucket wheel distin-

guishes it from the prior art. This feature is not recited in the claim and,

since it is a distinguishing feature the Board is of the opinion that it

should appear in the broad claim.

 

In summary, we recommend that the decision in the Final Action to reject

the application on the basis of the art of record be withdrawn.

 

A, McDonough                     M.G. Brown            S.D. Kot

Chairman                         Assistant Chairman    Member

Patent Appeal Board

 

I concur with the findings and the recommendation of the Patent Appeal Board.

Accordingly, I withdraw the Final Action and remand the application to the

Examiner.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

this 29th. day of August, 1984

 

Agent for Applicant

Ridout & Maybee,

101 Richmond St. W.

Toronto, Ontario,

M5H 2J7

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