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 § 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.
Claims 54-60 and 67-69 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Antonissen (4,572,044) .
Regarding claim 54, Antonissen teaches a method for processing food products to be sliced or to be divided in a processing line that comprises a plurality of workstations, comprising:
transporting a plurality of products 7 (one product 7 after another) along a transport path 8 on at least one track between the plurality of workstations (40, 41, 8, 14, 16, 2),
determining, at a first workstation 2 of the plurality of workstations, at least one machine-related parameter (orbiting speed);
wherein the first workstation is or comprises a food processing machine configured to process (slicing) the plurality of products; and
considering the at least one machined-related parameter at another position (feed rate at station 7) of the processing line;
wherein the at least one machine-related parameter relates to a control variable of the food processing machine of the first workstation,
wherein the control variable is an adjustable parameter (feed rate and orbiting speed) relating to an operation of the food processing machine.
See Figs. 1-2.
Regarding claim 55, Antonissen teaches a food product parameter such as weight and length of the food product 7.
Regarding claim 56, the weight parameter and the length parameter of the product are perceptible to a user.
Regarding claim 57, the orbiting speed of the blade depends on the feeding rate of the feeder.
Regarding claims 58-60, the feed rate of the feeder is tied to the orbiting speed of the cutting blade. And the adjustment is automated by the computer 18.
Regarding claims 67 and 68, Antonissen teaches a method in accordance claim 54, wherein at least one functional unit 2 arranged upstream or downstream of the processing line is provided. Furthermore, it is noted that claim 67 sets forth three options. Claim 68 furthers option 3 (at least one further parameter). If option 3 is not selected, then claim 68 is not necessary. However, the Examiner optionally identify a further parameter being at the belt 14.
Regarding claim 69, a further parameter such as a product weight or a product length. Furthermore, it is known in the art that a plurality of products is stored before being processing. And the storage is considered a part of the processing line.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 54 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHONG H NGUYEN/Examiner, Art Unit 3724
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