DETAILED ACTION
Response to Arguments
The Amendment filed 10/29/2025 has been entered. Claims 42, 44-47, 51-52, 54, 58, 61-62, 64 and 67-70 remain pending in the application. Claims 1-41, 43, 48-50, 53, 55-57, 59-60, 63 and 65-66 were cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/02/2025 has been entered.
Claim Objections
Claim 58 is objected to because of the following informalities:
Regarding claim 58, line 16, “the notch angle” should be “the notch angle,” to correct typo.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do use the word “means,” are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“means for causing relative motion” as recited in claim 42 (first, “means” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “causing relative motion”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “causing relative motion” preceding the generic placeholder describes the function, not the structure, of the means)
“a control system for controlling” as recited in claim 42 (first, “system” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “controlling”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “controlling” preceding the generic placeholder describes the function, not the structure, of the system)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 42, 44-47, 51-54 and 67-70 are rejected under 35 U.S.C. 103 as being unpatentable over Sanchez (WO 2016113442 A1) in view of McKiernan (US 2082967), Fagan (US 20080185368 A1) and Faulkner (US 20020161469 A1).
Regarding claim 42, Sanchez teaches a knife assembly (see Figure 1) for cutting a substrate during relative motion between the knife and the substrate, the assembly comprising:
a knife (5) having a knife shaft (body of 5) extending between a distal knife blade (bottom cutting edge of the blade 5) and a proximal end (top end of 5) attached to a holder (assembly of 1b and 3), the holder rotatable about a first axis perpendicular (axis 4) to the substrate to define a cut direction angle, the holder configured to rotate the knife blade about a second axis (axis of 2) perpendicular to the first axis to form a notch angle (see Figure 2) relative to the first axis, wherein the notch angle is infinitely adjustable within a range of angles (see Figure 2),
a driver (9a) attached to a motor (9), so that a predetermined rotation of the driver provides a corresponding adjustment of the notch angle (see Figure 2),
means for causing relative motion (moving part for xyz on 13, see Figure 3) between the knife assembly and the substrate, and a control system for controlling a direction of the relative motion, the cut direction angle, and the notch angle (numerical control system, paragraph 0037 of the translation of Sanchez).
Sanchez fails to teach the holder includes a worm gear assembly comprising a worm driver attached to a motor and a circumferential portion of a worm wheel, wherein the proximal end of the knife shaft is attached to the circumferential portion so that a predetermined rotation of the worm driver provides a corresponding adjustment of the notch angle, a computer memory storing a 2D design file, and a computer processor connected to the computer memory, the computer processor configured to read information embedded in the 2D design file and to translate the embedded information into commands for the control system to control the direction of the relative motion, the cut direction angle, and the notch angle, where the information embedded in the 2D design file comprises one or more lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property; and the wherein the computer processor is configured to instruct the control system is configured to select the cut direction angle and the direction of relative motion of the knife assembly based upon a location of the one or more lines in the 2D design file, select values for the one of: the notch angle based upon the first line property of the one or more lines in the 2D design file, and to select an angle of attack based upon the second line property of the one or more lines in the 2D design file, and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively.
McKiernan teaches a cutting angle adjustment system (see Figure 1) the holder includes a worm gear assembly (assembly of 46 and 47) comprising a worm driver (47) attached to a hand wheel (54) and a circumferential portion of a worm wheel (outside of 46), wherein the proximal end of the cutting tool (15) is in fixed relation and directly attached (directly attached to portion 40 of the worm wheel part, see Figure 3) to the circumferential portion so that a predetermined rotation of the worm driver provides a corresponding adjustment of the notch angle (see Figure 1 and page 2 lines 25-32).
Sanchez differs from the claimed device due to arrangement of the cutting angle adjustment system for the blade angle change, whereas McKiernan teaches the cutting angle adjustment system arrangement with worm gear and third axis. Both Sanchez and McKiernan teach an arrangement for changing the cutting angle. Such modification will achieve the predictable result of providing an angle adjustment system, since both system of Sanchez and McKiernan are known for the same purpose in the art. See MPEP § 2143 I. (B). Therefore, it would have been an obvious for one of ordinary skill in the art to modified the device of Sanchez to change the cutting angle adjustment system, as taught by McKiernan, for the same purpose of providing an angle adjustment system. The resulting device of modified Sanchez teaches the holder includes a worm gear assembly comprising a worm driver attached to a motor and a circumferential portion of a worm wheel (as modified by McKiernan, see Figure 1 of McKiernan), wherein the proximal end of the knife shaft in fixed relation and directly attached to the circumferential portion so that a predetermined rotation of the worm driver provides a corresponding adjustment of the notch angle (as modified by McKiernan ,the knife 5 of Sanchez would be directly attached to portion 40 of the worm wheel part of McKiernan (in place of 15 of McKiernan, see Figure 3 of McKiernan), the holder rotatable about a first axis perpendicular to the substrate to define a cut direction angle (as modified by McKiernan, the new first axis is at 43, see Figure 1 of McKiernan).
Modified Sanchez still fails to explicitly teach a computer memory storing a 2D design file, and a computer processor connected to the computer memory, the computer processor configured to read information embedded in the 2D design file and to translate the embedded information into commands for the control system to control the direction of the relative motion, the cut direction angle, and the notch angle, where the information embedded in the 2D design file comprises one or more lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property; and the wherein the computer processor is configured to instruct the control system is configured to select the cut direction angle and the direction of relative motion of the knife assembly based upon a location of the one or more lines in the 2D design file, select values for the one of: the notch angle based upon the first line property of the one or more lines in the 2D design file, and to select an angle of attack based upon the second line property of the one or more lines in the 2D design file, and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively.
Fagan teaches a method of making design files and program movement using a computer (paragraph 0075-0082) for automatic cutting machine (paragraph 0014-0015), a computer memory (1304) storing a 2D design file (paragraph 0019 and 0056, see Figures 10 and 15), and a computer processor (1302) connected to the computer memory (paragraph 0075-0082 of Fagan), the computer processor configured to read a design file residing in the computer memory, wherein the computer processor is configured to cause the control system to control operation of the knife assembly based upon information in the design file (paragraph 0075-0082 of Fagan), the design file is a 2D design file, and the control system is configured to select the cut direction angle and the direction of relative motion of the knife assembly based upon a location of lines in a 2D design file (paragraph 0049 and see Figure 8a-b), and select values for the one of: the notch angle, the angle of attack, or a combination thereof, based upon a line property in the 2D design file (paragraph 0049, 0075-0082 of Fagan), wherein the line property is selected from the group consisting of line type, line color, and line width and wherein each line property is associated with a given angle (line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan).
It would have been obvious to one of ordinary skill in the art to modify the device of Sanchez to use a design file and cutting program on a computer, as taught by Fagan, in order to better control and cut the work piece (paragraph 0014 and 0015 of Fagan).
If there is any doubt that Fagan fails to teach cutting based on the instruction of the design file, the examiner notes that Faulkner teaches storing a file in the memory (paragraph 0015) and execute the file in order to performed cutting action based on the stored file (paragraph 0018).
The resulting device of modified Sanchez teaches a computer memory storing a 2D design file (as modified, paragraph 0075-0082 of Fagan), and a computer processor connected to the computer memory (as modified, paragraph 0019 and 0056, see Figures 10 and 15 of Fagan), the computer processor configured to read information embedded in the 2D design file and to translate the embedded information into commands for the control system to control the direction of the relative motion, the cut direction angle, and the notch angle (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), where the information embedded in the 2D design file comprises one or more lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property; and the wherein the computer processor is configured to instruct the control system is configured to select the cut direction angle and the direction of relative motion of the knife assembly based upon a location of the one or more lines in the 2D design file (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), select values for the one of: the notch angle based upon the first line property of the one or more lines in the 2D design file, and to select an angle of attack based upon the second line property of the one or more lines in the 2D design file, and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan) , if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan).
Regarding claim 44, modified Sanchez further teaches the knife assembly is adjustable in a Z direction perpendicular to the substrate (via 10, see Figure 3 of Sanchez).
Regarding claim 45, Sanchez further teaches the substrate comprises a thickness between a bottom planar surface and a top surface (see Figure 3 of Sanchez), and the control system is programmable (as modified by Fagan, paragraph 0014 and 0015 of Fagan) to position the distal end of the knife blade relative to a thickness of the substrate and to cause relative motion between the knife assembly and the substrate operable to fully penetrate or not fully penetrate the substrate and to create zero and non-zero notch angles, including executing multiple cutting operations at a non-zero notch angle to form a V-notch in the substrate that does not fully penetrate the substrate (see Figure 3 of Sanchez and paragraph 0039 of the translation of Sanchez).
Regarding claim 46, modified Sanchez further teaches the second axis and the third axis (axis of 2 and a new coaxial axis as the third axis) of rotation, the third axis being perpendicular to a plane defined by the knife blade, the second axis and the third axis intersect at a knife angle pivot point (see Figure 2 of Sanchez), the control system configured to permit selection of the knife angle pivot point at a desired distance from the substrate top surface as a non-changing reference point for kinematics relating to the knife (see Figure 3 of Sanchez).
Regarding claim 47, modified Sanchez further teaches the pivot point is selectable within a range including at least a first point residing on the top surface of the substrate and at least a second point residing on the bottom surface of the substrate such that a cut line in the substrate relative to the reference point is independent of the knife notch angle (see Figure 2 of Sanchez).
Regarding claim 51, modified Sanchez further teaches one or more 2D design file line properties are associated with custom defined angle values and other line properties are predefined for a plurality of commonly used values (as modified in claim 45, paragraph 0049, 0075-0082 of Fagan and Figures 3 of Sanchez).
Regarding claim 52, modified Sanchez further teaches the plurality of commonly used values include values selected from the group consisting of 0°, 15°, 22.5°, 30° and 45° (as modified in claim 45, all within range of plus and minus 60 degrees, see Figures 2 of Sanchez).
Regarding claim 54, Sanchez teaches a method for cutting a substrate (see Figure 3), comprising the steps of:
{a} providing a cutting system (See Figure 3 of Sanchez) having an adjustable knife assembly (See figure 1) comprising a knife (see Figure 1) having a distal knife blade (5) and a proximal knife shaft attached (shaft of 8) to a knife holder (1), the knife holder (i) rotatable about a first axis (axis 4) perpendicular to the substrate to define a cut direction angle (See Figure 1), (ii) configured to rotate the knife blade about a second axis (axis of 2) perpendicular to the first axis to form a notch angle relative to the first axis, wherein the notch angle is infinitely adjustable within a range of angles (see Figure 2), (iii) adjustable in a Z direction perpendicular to the substrate (via 10, see Figure 10).
(b} causing relative motion between the knife assembly and the substrate, including automatically controlling a direction of the relative motion, the cut direction angle, and the notch angle, wherein automatically controlling the notch angle comprises automatically changing the notch angle from a first notch angle to a second notch angle using the adjustable knife assembly (paragraph 0037 of translation and see Figure 3 of Sanchez),
Sanchez fails to explicitly teach (iv) configured to rotate the knife blade about a third axis perpendicular to a plane defined by the knife blade, wherein rotation about the third axis adjusts an angle of attack of the knife blade relative to the substrate within a desired range, a computer processor, wherein the method further comprising the computer processor reading information embedded in a 2D design file, translating the embedded information into commands and controlling operation of the knife assembly and relative motion between the knife assembly and the substrate, the cut direction angle and the notch angle based upon information in the 2D design file; wherein the information embedded in the 2D design file comprises one or more lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property, wherein the first design file is a 2D design file, the method comprising the computer processor selecting the cut direction angle and the direction of relative motion of the knife assembly based upon a location of the one or more lines in the 2D design file, and selecting values for the notch angle based on the first line property of the one or more lines in the 2D design file and the angle of attack based upon a second line property in the 2D design file, and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively.
McKiernan teaches a cutting angle adjustment system (see Figure 1) the holder includes a worm gear assembly (assembly of 46 and 47) comprising a worm driver (47) attached to a hand wheel (54) and a circumferential portion of a worm wheel (outside of 46), wherein the proximal end of the cutting tool (15) is in fixed relation and directly attached (directly attached to portion 40 of the worm wheel part, see Figure 3) to the circumferential portion so that a predetermined rotation of the worm driver provides a corresponding adjustment of the notch angle (see Figure 1 and page 2 lines 25-32).
Sanchez differs from the claimed device due to arrangement of the cutting angle adjustment system for the blade angle change, whereas McKiernan teaches the cutting angle adjustment system arrangement with worm gear and third axis. Both Sanchez and McKiernan teach an arrangement for changing the cutting angle. Such modification will achieve the predictable result of providing an angle adjustment system, since both system of Sanchez and McKiernan are known for the same purpose in the art. See MPEP § 2143 I. (B). Therefore, it would have been an obvious for one of ordinary skill in the art to modified the device of Sanchez to change the cutting angle adjustment system, as taught by McKiernan, for the same purpose of providing an angle adjustment system. The resulting device of modified Sanchez teaches the holder includes a worm gear assembly comprising a worm driver attached to a motor and a circumferential portion of a worm wheel (as modified by McKiernan, see Figure 1 of McKiernan), wherein the proximal end of the knife shaft in fixed relation and directly attached to the circumferential portion so that a predetermined rotation of the worm driver provides a corresponding adjustment of the notch angle (as modified by McKiernan ,the knife 5 of Sanchez would be directly attached to portion 40 of the worm wheel part of McKiernan (in place of 15 of McKiernan, see Figure 3 of McKiernan), the holder rotatable about a first axis perpendicular to the substrate to define a cut direction angle (as modified by McKiernan, the new first axis is at 43, see Figure 1 of McKiernan), (iv) configured to rotate the knife blade about a third axis (as modified by McKiernan, axis of 47, see Figure 3 of McKiernan) perpendicular to a plane defined by the knife blade, wherein rotation about the third axis adjusts an angle of attack of the knife blade relative to the substrate within a desired range (see Figure 1 of McKiernan).
Fagan teaches a method of making design files and program movement using a computer (paragraph 0075-0082) for automatic cutting machine (paragraph 0014-0015), a computer processor connected to a computer memory (paragraph 0075-0082 of Fagan), the computer processor configured to read a design file residing in the computer memory, wherein the computer processor is configured to cause the control system to control operation of the knife assembly based upon information in the design file (paragraph 0075-0082 of Fagan), the design file is a 2D design file, and the control system is configured to select the cut direction angle and the direction of relative motion of the knife assembly based upon a location of lines in a 2D design file (paragraph 0049 and see Figure 8a-b), and select values for the one of: the notch angle, the angle of attack, or a combination thereof, based upon a line property in the 2D design file (paragraph 0049, 0075-0082 of Fagan), wherein the line property is selected from the group consisting of line type, line color, and line width and wherein each line property is associated with a given angle (line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan).
It would have been obvious to one of ordinary kill in the art to modify the device of Sanchez to use a design file and cutting program on a computer, as taught by Fagan, in order to better control and cut the work piece (paragraph 0014 and 0015 of Fagan).
If there is any doubt that Fagan fails to teach cutting based on the instruction of the design file, the examiner notes that Faulkner teaches storing a file in the memory (paragraph 0015) and execute the file in order to performed cutting action based on the stored file (paragraph 0018).
The resulting device of modified Sanchez teaches a computer processor (as modified, paragraph 0075-0082 of Fagan), wherein the method further comprising the computer processor reading information embedded in a 2D design file (as modified, paragraph 0019 and 0056, see Figures 10 and 15 of Fagan), translating the embedded information into commands and controlling operation of the knife assembly and relative motion between the knife assembly and the substrate (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), the cut direction angle and the notch angle based upon information in the 2D design file (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner); wherein the information embedded in the 2D design file comprises one or more lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), and line width, and where the first line property is different from the second line property, wherein the first design file is a 2D design file, the method comprising the computer processor selecting the cut direction angle and the direction of relative motion of the knife assembly based upon a location of the one or more lines in the 2D design file (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), and selecting values for the notch angle based on the first line property of the one or more lines in the 2D design file and the angle of attack based upon a second line property in the 2D design file (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan).
Regarding claim 67, modified Sanchez further teaches the holder is further configured to rotate the knife blade about a third axis (as modified by McKiernan, axis of 47, see Figure 1 of McKiernan) perpendicular to a plane defined by the knife blade (as modified by McKiernan, see Figure 1 of McKiernan), wherein rotation about the third axis adjusts an angle of attack of the knife blade relative to the substrate within a desired range (as modified by McKiernan, see Figure 1 of McKiernan).
Regarding claim 68, modified Sanchez further teaches the notch angle range of angles is symmetrical relative to the first axis from -60 to +60 degrees (see Figure 2 of Sanchez).
Regarding claim 69, modified Sanchez further teaches the knife shaft is connected to a rack having teeth intermeshed with a pinion (as modified by McKiernan, 46 of McKiernan, see Figure 1 of McKiernan), wherein position of the pinion provides a corresponding angle of attack (as modified by McKiernan, see Figure 1 of McKiernan).
Regarding claim 70, modified Sanchez further teaches the worm wheel has a hollow portion (hole for 48) in which is mounted a pinion driver (48) connected to the pinion (as modified in claim 34, see Figure 3 of McKiernan).
Claims 58, 61-62 and 64 are rejected under 35 U.S.C. 103 as being unpatentable over Sanchez (WO 2016113442 A1) in view of Fagan (US 20080185368 A1) and Faulkner (US 20020161469 A1).
Regarding claim 58, Sanchez teaches a cutting system (See Figure 3) having an adjustable knife assembly (See figure 1) comprising a knife (see Figure 1) having a distal knife blade (5) and a proximal knife shaft attached (shaft of 8) to a knife holder (1), the knife holder (i) rotatable about a first axis (axis 4) perpendicular to the substrate to define a cut direction angle (See Figure 1), (ii) configured to rotate the knife blade about a second axis (axis of 2) perpendicular to the first axis to form a notch angle relative to the first axis, wherein the notch angle is infinitely adjustable within a range of angles (see Figure 2), (iii) adjustable in a Z direction perpendicular to the substrate (via 10, see Figure 10), and (iv) optionally, configured to rotate the knife blade about a third axis perpendicular to a plane defined by the knife blade, wherein rotation about the third axis adjusts an angle of attack of the knife blade relative to the substrate within a desired range (limitation after “optionally” is interpreted as not required by the claim, if applicant is intended to claim limitation under (iv), this limitation would be rejection in the same way as claim 42 above); and the cutting system further comprising means for causing relative motion between the knife assembly and the substrate (paragraph 0037 of translation and see Figure 3), including automatically controlling a direction of the relative motion, the cut direction angle, and the notch angle (paragraph 0037 of translation and see Figure 3).
Sanchez fails to teach non-transitory computer-readable medium encoded with instructions embodied in a design file readable by a computer processor for controlling a control system of a cutting system, the instructions comprising: instructions for controlling operation of the knife assembly and relative motion between the knife assembly and the substrate, the cut direction angle and the notch angle, wherein the 2D design file comprising instructions corresponding to a one or more of lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property, the instructions to select the cut direction angle and the direction of relative motion of the knife assembly are based upon a location of the one or more lines in the 2D design file, the instructions to select values for the notch angle are based upon the first line property of the one or more lines in the 2D design file, the instruction to select an angle of attack are based upon the second line property of the one or more lines in the 2D design file, and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively.
Fagan teaches a method of making design files and program movement for automatic cutting machine (paragraph 0014-0015).
It would have been obvious to one of ordinary skill in the art to modify the device of Sanchez to use a design file and cutting program, as taught by Fagan, in order to better control and cut the work piece (paragraph 0014 and 0015 of Fagan).
If there is any doubt that Fagan fails to teach cutting based on the instruction of the design file, the examiner notes that Faulkner teaches storing a file in the memory (paragraph 0015) and execute the file in order to performed cutting action based on the stored file (paragraph 0018).
The resulting device of modified Sanchez teaches a non-transitory computer-readable medium encoded with instructions embodied in a design file readable by a computer processor for controlling a control system of a cutting system (as modified in claim 58, paragraph 0012-0015 of Fagan), the instructions comprising: instructions for controlling operation of the knife assembly and relative motion between the knife assembly and the substrate, the cut direction angle and the notch angle (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), wherein the 2D design file comprising instructions corresponding to a one or more of lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), and where the first line property is different from the second line property (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), the instructions to select the cut direction angle and the direction of relative motion of the knife assembly are based upon a location of the one or more lines in the 2D design file (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), the instructions to select values for the notch angle are based upon the first line property of the one or more lines in the 2D design file, the instruction to select an angle of attack are based upon the second line property of the one or more lines in the 2D design file, and wherein if the first line property or second line property is line color (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan).
Regarding claim 61, modified Sanchez further teaches one or more line properties are associated with custom defined angle values and a plurality of other line properties are predefined for a plurality of commonly used values (as modified in claim 58, paragraph 0049, 0075-0082 of Fagan and Figures 3 of Sanchez).
Regarding claim 62, modified Sanchez further teaches the plurality of commonly used values include values selected from the group consisting of 0°, 15°, 22,5°, 30° and 45° (as modified in claim 58, paragraph 0049, 0075-0082 of Fagan and Figures 3 of Sanchez).
Regarding claim 63, modified Sanchez further teaches the design file is a 3D design file, wherein the cut direction angle, the direction of relative motion, and the notch angle are represented by a 3D cut shape as defined in the 3D design file, and the angle of attack is defined by a cut surface property as represented in the 3D design file (as modified in claim 58, paragraph 0049, 0075-0082 of Fagan and Figures 3 of Sanchez).
Regarding claim 64, Sanchez teaches a cutting system (See Figure 3) having an adjustable knife assembly (See figure 1) comprising a knife (see Figure 1) having a distal knife blade (5) and a proximal knife shaft attached (shaft of 8) to a knife holder (1), the knife holder (i) rotatable about a first axis (axis 4) perpendicular to the substrate to define a cut direction angle (See Figure 1), (ii) configured to rotate the knife blade about a second axis (axis of 2) perpendicular to the first axis to form a notch angle relative to the first axis, wherein the notch angle is infinitely adjustable within a range of angles (see Figure 2), (iii) adjustable in a Z direction perpendicular to the substrate (via 10, see Figure 10), and (iv) optionally, configured to rotate the knife blade about a third axis perpendicular to a plane defined by the knife blade, wherein rotation about the third axis adjusts an angle of attack of the knife blade relative to the substrate within a desired range (limitation after “optionally” is interpreted as not required by the claim, if applicant is intended to claim limitation under (iv), this limitation would be rejection in the same way as claim 42 above); and the cutting system further comprising means for causing relative motion between the knife assembly and the substrate, including automatically controlling a direction of the relative motion, the cut direction angle, and the notch angle (see Figure 3 and paragraph 0037 of the translation).
Sanchez fails to teach a method for creating a design file for being processed by a cutting system, the method comprising creating the a 2D design file comprising one or more of lines, where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property, the instructions to select the cut direction angle and the direction of relative motion of the knife assembly are based upon a location of the one or more lines in the 2D design file, the instructions to select values for the notch angle are based upon the first line property of the one or more lines in the 2D design file, the instruction to select an angle of attack are based upon the second line property of the one or more lines in the 2D design file, and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively, if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width, different line widths correspond to different values for the notch angle or angle of attack respectively.
Fagan teaches a method of making design files and program movement for automatic cutting machine (paragraph 0014-0015).
It would have been obvious to one of ordinary skill in the art to modify the device of Sanchez to use a design file and cutting program, as taught by Fagan, in order to better control and cut the work piece (paragraph 0014 and 0015 of Fagan).
If there is any doubt that Fagan fails to teach cutting based on the instruction of the design file, the examiner notes that Faulkner teaches storing a file in the memory (paragraph 0015) and execute the file in order to performed cutting action based on the stored file (paragraph 0018).
The resulting device of modified Sanchez teaches creating a design file for being processed by a cutting system, the method comprising creating the a 2D design file comprising one or more of lines (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), where each line has associated therewith a first line property and a second line property, each of the first line property and second line property is selected from the group consisting of line type, line color, and line width, and where the first line property is different from the second line property, the instructions to select the cut direction angle and the direction of relative motion of the knife assembly are based upon a location of the one or more lines in the 2D design file (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), the instructions to select values for the notch angle are based upon the first line property of the one or more lines in the 2D design file (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), the instruction to select an angle of attack are based upon the second line property of the one or more lines in the 2D design file (as modified, cutting base on the final design file like in Fagan or use the design file as cutting instruction in Faulkner, paragraph 0062, 0014 , 0050 and 0007 of Fagan and paragraph 0018 of Faulkner), and wherein if the first line property or second line property is line color, different line colors correspond to different values for the notch angle or angle of attack respectively , if the first line property or second line property is line type, different line types correspond to different values for the notch angle or angle of attack respectively, and if the first line property or second line property is line width (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan), different line widths correspond to different values for the notch angle or angle of attack respectively (as modified, line type such as B-B, or C-C, which notes different cut angle, Figure 7 of Fagan and paragraph 0049, 0075-0082 of Fagan).
Regarding claim 66, modified Sanchez further teaches creating the design file as a 3D design file, wherein the cut direction angle, the direction of relative motion, and the notch angle are represented by a 3D cut shape as defined in the 3D design file, and the angle of attack is defined by a cut surface property as represented in the 3D design file (as modified in claim 64, paragraph 0049, 0075-0082 of Fagan and Figures 3 of Sanchez).
Response to Arguments
Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that Sanchez, Mckierman and Fagan fails to teach line property to direct a cutting angle. The examiner disagree and notes that Sanchez teaches all the angle require to be cut, by following a program (in this case, Sanchez is rely upon for the type of cutting), while Fagan teaches following a 2D or 3D file for a cut pattern, then used the computer to control the cutting tool to make the cut (in this case, Fagan teaches following a computer file for a predetermined cut patter), note that in Figure 7 of Fagan line C-C, B-B and A-A each appears to representing different information for the work piece, the fact that the name of the line is C-C is different from B-B, thus making each line different. If there is any doubt that Fagan fails to teach cutting based on the instruction of the design file, the examiner notes that Faulkner teaches storing a file in the memory (paragraph 0015) and execute the file in order to performed cutting action based on the stored file (paragraph 0018 of Faulkner). Therefore, the combination of modified Sanchez, Mckierman, Fagan and Faulkner teaches cutting blade on a computer file and type of lines in the file can represent different cutting instruction or different property of the work piece for the machine. For the reason of better control and cut the work piece (paragraph 0014 and 0015 of Fagan).
In response to applicant's argument that Fagan is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Fagan teaches the control of a plot cutter with a controller that controls the movement of a cutting head that moves in the XYZ direction, which is the solving the same particular pertinent problem as Sanchez and the current application, therefore Fagan is considered as analogous art.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivation to combine is that the motion of the cutting head can be better controlled by a computer system as taught by Fagan.
In response to applicant’s argument modified Sanchez fails to teach the system is programable. The examiner disagrees and notes that as modified by Fagan the system of modified Sanchez can better use the 2D/3D files to cut whatever the end user desires, thus the file program the system to perform a cutting operation, as the system creates the model in the file.
Conclusion
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/LIANG DONG/Examiner, Art Unit 3724 12/31/2025