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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/05/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/05/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
This action is responsive to the amendments filed 06/05/2026. Claims 45-50, 53-56, 58, 60-63, 65-69 are pending in this application. As directed, 45 has been amended; claims 1-44, 51-52, 57, 59, 64 cancelled.
With respect to 35 U.S.C. 112(f) Claim Interpretation: Applicant’s amendments to the Claims have not overcome the 35 U.S.C. 112(f) Claim Interpretation set forth in the Final Office Action dated 03/11/2026. Therefore, the 35 U.S.C. 112(f) Claim Interpretation is maintained in this Office Action, see details in the Claim Interpretation section below.
Response to Arguments
With respect to 35 U.S.C. 102 & 103 Claim Rejections: Applicant(s)’ arguments filed 06/05/2026 have been fully considered but are moot based on new ground(s) of rejection necessitated by amendments. Specifically, the newly cited prior art Ross (U.S. Patent No. 3,972,256 A, newly cited) has been added to this Office Action to teach the newly amended limitations “the plate and the slicing blade configured to rotate together relative to the guide member about a second axis of rotation spaced from the first axis of rotation to move the slicing blade into engagement with the pepperoni stick” as recited in the independent claim 45 (lines 12-15).
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 not use the word “means,” but are nonetheless 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:
“guide member disposed above the upper surface and configured to hold a pepperoni stick so that the pepperoni stick rests on the upper surface of the plate” in claim 45 (lines 8-9) and “guide member” in claim 45 (line 13), claim 61 (line 2), claim 65 (line 2). These limitations use generic placeholder “member” (Prong A); the term “member” is modified by functional language “configured to hold a pepperoni stick so that the pepperoni stick rests on the upper surface of the plate” (Prong B); and the term “member” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, these limitations invoke 35 U.S.C. 112(f). For examination purposes, the “guide member” will be interpreted as plurality of vertical rods or hollow cylinder with solid sleeve and equivalents, as shown in Figs.9-10 of the Drawings and as indicated by Par.0088 of the Specification: “The portion of guide members 512 above base 508 may include a plurality of rods 511 that allow the pepperoni 506 therein to easily communicate with the environmental conditions within refrigerated compartment 504. The portion of guide members 512 below base 508 may include solid sleeves 513 (Figs. 8, 14) or rods 511.”.
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
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 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 45-49, 53, 58, 60, 62-63, 67-69 are rejected under 35 U.S.C. 103 as being unpatentable over Khatchadourian et al. (U.S. Patent No. 6,526,874 B1, previously cited) in view of Ross (U.S. Patent No. 3,972,256 A, newly cited).
Regarding claim 45, Khatchadourian discloses an apparatus (apparatus 10, Khatchadourian Fig.1) for assembling a pizza (Khatchadourian Col.5 lines 31 discloses: “an apparatus 10 for making pizza”), comprising:
a platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) (it is noted that the rotary index table station 20 includes the rotatable center shaft 236 [Fig.36], the rotary index table station 20 has plurality of arms 238 [Fig.1], plate 248 is attached to each of the arm 238 [Figs.35-36 & Col.16 lines 55-60]) driven by a motor (motor 237 [Fig.36] and motor 267 [Fig.1], Khatchadourian Figs.1 & 36) (it is noted that Khatchadourian Col.16 lines 42-47 discloses the motor 237 is configured to rotate the rotary index table station 20, and Khatchadourian Col.16 lines 55-67 to Col.17 lines 1-20 discloses the motor 267 is configured to rotate plate 248), the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) holding a pan (plates 222, 224, 226; Khatchadourian Fig.1), the pan (plates 222, 224, 226; Khatchadourian Fig.1) configured to hold dough (“dough 144”, Khatchadourian Col.12 line 39 & Fig.1) (Khatchadourian Col.12 lines 39-41 discloses: “the slice of dough 144, which was dropped onto catch plate 118, is transferred substantially to the center of a bottom heated lower plate 140 of the press plate station 18”, Khatchadourian Col.15 lines 29-33 discloses: “The par-baked pizza crust 144, which is temporarily engaged by pins 206, is transferred from bottom plate 140 to plate 222, which is disposed in station number I of the rotary index table station 20.”, and Khatchadourian Col.16 lines 29-32 discloses: “Additionally, all of the surfaces that contact the pizza crust 144, including plates 222, 224, 226, are preferably coated with a non-stick, nontoxic material, such as, for example, TEFLON®.”; therefore, Khatchadourian discloses plates 222, 224, 226 configured to hold dough);
a pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) configured to disperse a sauce (Khatchadourian Col.18 lines 1-6 discloses: “Referring now to FIGS. 1 and 20–22, the sauce dispenser, which is disposed at station no. II, will be described. The sauce dispenser 272 includes a container 274 which is comprised of a cylindrical side wall 276 and a bottom wall 278. A Sauce to be dispensed on top of the pizza is contained within an internal chamber 280 of container 274.”);
a cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) configured to disperse a cheese (Khatchadourian Col.19 lines 39-40 discloses: “a cheese grater 306, disposed in Station no. III”, and Khatchadourian Col.19 lines 57-60 discloses: “To dispense a predetermined amount of cheese upon the pizza crust, which is disposed below the outlet of the shroud 320 of the cheese grater, the motor 308 is actuated thereby causing grater 316 to rotate.”);
a pepperoni applying station (pepperoni dispenser 846, Khatchadourian Figs.69-75) (Khatchadourian discloses the apparatus 10 includes a pepperoni applying station because Khatchadourian Col.17 lines 44-48 discloses: “Each of the next four stations (i.e., station nos. II, III, IV and V) may be used to apply toppings to the pizza crust in a manner which mimics the way toppings are placed on top of a fresh dough crust by hand.”, Khatchadourian Col.14 lines 8-10 discloses: “the toppings that are added to the pizza crust, including tomato sauce, cheese, pepperoni, sausage, mushroom, etc. ”, and Khatchadourian Col.21 lines 25-30 discloses: “Pepperoni Dispenser Referring now to FIGS. 69-75, a pepperoni dispenser 846 is illustrated. The pepperoni dispenser 846 vertically stores a predetermined amount of pepperoni sticks, cut slices from the stick, and drops the slices properly on crust 144, which is disposed below the pepperoni dispenser 846.”) configured to disperse a pepperoni slice (Khatchadourian Col.21 lines 25-30 discloses: “Pepperoni Dispenser Referring now to FIGS. 69-75, a pepperoni dispenser 846 is illustrated. The pepperoni dispenser 846 vertically stores a predetermined amount of pepperoni sticks, cut slices from the stick, and drops the slices properly on crust 144, which is disposed below the pepperoni dispenser 846.”; therefore, Khatchadourian discloses the apparatus 10 further includes the pepperoni applying station configured to disperse a pepperoni slice), the pepperoni applying station (pepperoni dispenser 846, Khatchadourian Figs.69-75) including:
a plate (tubeholder plate 860 and blade housing 852, Khatchadourian Figs.70-71) having an upper surface (upper surfaces of the tubeholder plate 860 and blade housing 852, Khatchadourian annotated Fig.70 below) and an aperture (apertures include cutouts of the tubeholder plate 860 and aperture of blade housing 852, Khatchadourian annotated Fig.71 below) (Khatchadourian Col.21 lines 34-36 discloses: “a tubeholder plate 860 that has a predetermined amount of circular cutouts, one for each pepperoni tube holder 862”) formed through the plate (tubeholder plate 860 and blade housing 852, Khatchadourian Figs.70-71);
a guide member (pepperoni tube holders 862, Khatchadourian Fig.70) (see the Claim Interpretation section above for the interpretation of this limitation; in this case, Khatchadourian discloses pepperoni tube holders 862 as guide members) disposed above the upper surface (upper surfaces of the tubeholder plate 860 and blade housing 852, Khatchadourian annotated Fig.70 below) and configured to hold a pepperoni stick (pepperoni sticks 870, Khatchadourian Fig.71) (Khatchadourian Col.21 lines 47-48 discloses: “Tubeholders 862 act as guides for the pepperoni sticks 870 both during indexing and cutting.”) so that the pepperoni stick (pepperoni sticks 870, Khatchadourian Fig.71) rests on the upper surface of the plate (upper surface of the blade housing 852, Khatchadourian Figs.70-71) (Khatchadourian Col.21 lines 58-60 discloses: “Blade 850 is located beneath housing 852 and, at the other end, the pepperoni stick 870 sits atop the blade housing 852.”, and Khatchadourian Col.22 lines 16-18 discloses: “a pepperoni stick pusher 856 is required to assure that the pepperoni stick 870 is resting on the blade housing 852 surface before being sliced by blade 850”); and
a slicing blade (cutting blade 850, Khatchadourian Figs.70-71) disposed at the plate (tubeholder plate 860 and blade housing 852, Khatchadourian Figs.70-71) proximate to the aperture (apertures include cutouts of the tubeholder plate 860 and aperture of blade housing 852, Khatchadourian annotated Fig.71 below) formed through the plate (tubeholder plate 860 and blade housing 852, Khatchadourian Figs.70-71) and configured to slice the pepperoni stick (pepperoni sticks 870, Khatchadourian Fig.71) to form the pepperoni slice (Khatchadourian Col.22 lines 16-18 discloses the pepperoni stick 870 is sliced by blade 850 to form the pepperoni slice), the slicing blade (cutting blade 850, Khatchadourian Figs.70-71) configured to rotate relative to the plate (tubeholder plate 860 and blade housing 852, Khatchadourian Figs.70-71) about a first axis of rotation (center axis of the blade 850, see the blade 850 in Khatchadourian Figs.70-71) (Khatchadourian Col.21 lines 53-55 discloses: “Blade 850 rotates about its center axis and advances towards the stationary pepperoni stick 870”), and the plate (tubeholder plate 860, Khatchadourian Figs.70-71) configured to rotate relative to the guide member (pepperoni tube holders 862, Khatchadourian Fig.70) about a second axis of rotation (second axis of rotation is the central axis of the center shaft 864, see the center shaft 864 in Khatchadourian Fig.70) (Khatchadourian Col.21 lines 37-39 discloses: “Tubeholder plate 860 revolves about a center shaft 864 which is pinned to a bevel gear 866.”) spaced from the first axis of rotation (center axis of the blade 850, see the blade 850 in Khatchadourian Figs.70-71) (Khatchadourian Fig.71 shows that the center axis of the blade 850 is spaced from the center shaft 864) to move the slicing blade (cutting blade 850, Khatchadourian Figs.70-71) into engagement with the pepperoni stick (pepperoni sticks 870, Khatchadourian Fig.71) (it is noted that the tubeholder plate 860 rotates, the pepperoni stick supported by tubeholder plate 860 is moved into the path of the cutting blade 850, thereby, bringing the cutting blade 850 into engagement with the pepperoni stick to produce the pepperoni slice; Khatchadourian Col.21 lines 56-64 further discloses: “The blade assembly is connected to blade housing 852, which as an assembly, rides on four linear bearings 872 along fixed guide rods 874. Blade 850 is located beneath housing 852 and, at the other end, the pepperoni stick 870 sits atop the blade housing 852. Due to the blade housing's geometry, when the blade 850 and housing 852 advance towards the pepperoni stick 870, the stick 870 rides on the housing, until the blade 850 makes contact with stick 870 and cuts into the stick.”; thus, movement of tubeholder plate 860 and blade housing 852 moves the cutting blade 850 into engagement with the pepperoni stick to produce the pepperoni slice) and form the pepperoni slice (Khatchadourian Col.22 lines 16-18 discloses the pepperoni stick 870 is sliced by blade 850 to form the pepperoni slice); and
wherein the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) is configured to move the pan (plates 222, 224, 226; Khatchadourian Fig.1) to the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) and the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) (Khatchadourian Col.16 lines 22-47 discloses there are six stations, stations numbers I, II, III, IV, V, and VI, that are each equally spaced apart by 60°; the plates 222, 224, 226 configured to be held by the rotary index table station 20, specifically, each plate is fixed to each arm 238 of the rotary index table station 20, and plates 222, 224, 226 are equally spaced apart by 120°; shaft 236 is driven by a motor 237 via worm gear drive; thus, when the rotatable center shaft 236 rotates, the rotary index table station 20 rotates, arms 238 rotate, which makes the plates 222, 224, 226 move to stations numbers I, II, III, IV, V, and VI; movement of the plates 222, 224, 226 can be seen in Khatchadourian Fig.1 & Fig.4; specifically, Khatchadourian Fig.4 shows the plate 222 is moved to the sauce spreading station II, and Khatchadourian Fig.1 shows the plate 224 is moved to the cheese spreading station III; therefore, Khatchadourian discloses the platform configured to move the plates 222, 224, 226 to the sauce spreading station II and the cheese spreading station III).
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Khatchadourian does not explicitly disclose:
the plate and the slicing blade configured to rotate together relative to the guide member about a second axis of rotation spaced from the first axis of rotation to move the slicing blade into engagement with the pepperoni stick
Ross teaches a meat slicer (Ross Figs.1-2) comprising:
the plate (plate member 9, Ross Fig.2) and the slicing blade (circular blade 13, Ross Fig.2) configured to rotate together relative to the guide member (meat hopper 5, Ross Fig.1) about a second axis of rotation (central axis of the plate member 9, i.e., axis of 11, Ross Fig.2 & Col.2 lines 29-31) spaced from the first axis of rotation (central axis of the circular blade 13, i.e., about shaft 15, Ross Fig.2 & Col.2 lines 29-31) (Ross Col.2 lines 29-31 teaches: “While circular blade 13 is rotating about axis 11 with plate member 9, the blade motor 27 causes circular blade 13 to rotate about shaft 15.”) to move the slicing blade (circular blade 13, Ross Fig.2) into engagement with the meat stick (meat log that is placed inside of the hopper 5 and that is rested on the plate member 9, Ross Abstract & Col.1 lines 38-46) (Ross Abstract teaches: “Two meat hoppers are disposed vertically above a crescent-shaped plate member which is vertically adjustable. A circular blade is mounted concentrically with the crescent portion of the plate and between the plate and the hoppers. Two conveyers are positioned under the plate beneath the hoppers. The plate and blade rotate together about the central axis of the plate while the circular blade rotates about its own axis. Meat logs placed in the hoppers rest on the plate and are sliced alternately by the blade as the blade and plate assembly rotates. The slices drop on the conveyors.”, Ross Col.1 lines 38-46 teaches: “The circular blade rotates about its own axis and also with the crescent-shaped plate about the central axis such that the meat logs, which are supported by the crescent-shaped plate, are engaged alternately by the rotating circular blade to slice the meat logs in a thickness determined by the spacing between the blade and the crescent-shaped plate.”, and Ross lines 22-31 teaches: “Motor 27 is provided to rotate shaft 15 through gear box 29. Motor 31 is provided to rotate shaft 11 through gear box 29. Shafts 11 and 15 are both driven from gear box 29 which provides a fixed relationship between the two shafts. With this arrangement motor 31 rotates shaft 11 which is fixed to gear box 29 and thereby causes circular blade 13 on shaft 15 to rotate therewith. While circular blade 13 is rotating about axis 11 with plate member 9, the blade motor 27 causes circular blade 13 to rotate about shaft 15.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian, by adding the teachings of the plate and the slicing blade configured to rotate together relative to the guide member about a second axis of rotation spaced from the first axis of rotation to move the slicing blade into engagement with the meat stick, as taught by Ross, in order to produce uniform slices at high operating rates, and improve slicing speed, provide consistent slice thickness and quality, and enhance production efficiency, as recognized by Ross [Ross, Col.1 lines 17-26].
Regarding claim 46, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
wherein the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) is rotatable underneath the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) and the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) (as cited and explained in details in the rejection of claim 45 above, Khatchadourian discloses the platform configured to move the plates 222, 224, 226 to the sauce spreading station II and the cheese spreading station III; Khatchadourian Col.16 lines 58-60 further discloses: “Plate 248 rotatably and axially supports plate 224 and includes a bearing to permit stub shaft 228 and therefore plate 224 to rotate.”, and Khatchadourian Col.16 lines 35-38 discloses: “For the sake of brevity, only plate 224 will be described. However, it is to be understood that the structure and actuation of the remaining plates 222, 226 are identical to plate 224.”; therefore, Khatchadourian discloses the platform is rotatable underneath the sauce spreading station and the cheese spreading station), the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) and the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) operable to distribute the sauce and the cheese onto the dough (“dough 144”, Khatchadourian Col.12 line 39 & Fig.1) as the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) rotates the pan (plates 222, 224, 226; Khatchadourian Fig.1) (as cited and explained in details in the rejection of claim 45 above, Khatchadourian discloses the sauce spreading station II and the cheese spreading station III configured to distribute the sauce and the cheese onto the dough; Khatchadourian Col.16 lines 58-60 further discloses: “Plate 248 rotatably and axially supports plate 224 and includes a bearing to permit stub shaft 228 and therefore plate 224 to rotate.”, Khatchadourian Col.16 lines 35-38 discloses: “For the sake of brevity, only plate 224 will be described. However, it is to be understood that the structure and actuation of the remaining plates 222, 226 are identical to plate 224.”, and Khatchadourian Abstract discloses: “Each of the plates also has a central axis such that each of the plates are rotatable about its respective central axis when moving between the innermost radial position and the outermost radial position. Toppings are applied during this movement so they are placed on the pizza crust in a spiral pattern.”; therefore, Khatchadourian discloses the sauce station and the cheese spreading station operable to distribute the sauce and the cheese onto the dough as the platform rotates the plates 222, 224, 226).
Regarding claim 47, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 46, and Khatchadourian also discloses
wherein the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) (it is noted that the rotary index table station 20 includes the rotatable center shaft 236 [Fig.36], the rotary index table station 20 has plurality of arms 238 [Fig.1], plate 248 is attached to each of the arm 238 [Figs.35-36 & Col.16 lines 55-60]) is rotated underneath the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) and the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) (as cited and explained in details in the rejection of claim 46 above, Khatchadourian discloses the platform configured to move the plates 222, 224, 226 to the sauce spreading station II and the cheese spreading station III; Khatchadourian Col.16 lines 58-60 further discloses: “Plate 248 rotatably and axially supports plate 224 and includes a bearing to permit stub shaft 228 and therefore plate 224 to rotate.”, and Khatchadourian Col.16 lines 35-38 discloses: “For the sake of brevity, only plate 224 will be described. However, it is to be understood that the structure and actuation of the remaining plates 222, 226 are identical to plate 224.”; therefore, Khatchadourian discloses the platform is rotatable underneath the sauce spreading station and the cheese spreading station) by the motor (motor 237 [Fig.36] and motor 267 [Fig.1], Khatchadourian Figs.1 & 36) (it is noted that Khatchadourian Col.16 lines 42-47 discloses the motor 237 is configured to rotate the rotary index table station 20, and Khatchadourian Col.16 lines 55-67 to Col.17 lines 1-20 discloses the motor 267 is configured to rotate plate 248).
Regarding claim 48, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
wherein the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) is movable to the pepperoni applying station (pepperoni dispenser 846, Khatchadourian Figs.69-75) (as explained previously in the rejection of claim 47 above, Khatchadourian discloses the apparatus 10 includes a pepperoni applying station in either station IV or V in Fig.1 because Khatchadourian Col.17 lines 44-48 discloses: “Each of the next four stations (i.e., station nos. II, III, IV and V) may be used to apply toppings to the pizza crust in a manner which mimics the way toppings are placed on top of a fresh dough crust by hand.”, Khatchadourian Col.14 lines 8-10 discloses: “the toppings that are added to the pizza crust, including tomato sauce, cheese, pepperoni, sausage, mushroom, etc. ”, and Khatchadourian Col.21 lines 25-30 discloses: “Pepperoni Dispenser Referring now to FIGS. 69-75, a pepperoni dispenser 846 is illustrated. The pepperoni dispenser 846 vertically stores a predetermined amount of pepperoni sticks, cut slices from the stick, and drops the slices properly on crust 144, which is disposed below the pepperoni dispenser 846.”. Additionally, Khatchadourian Col.16 lines 22-47 discloses there are six stations, stations numbers I, II, III, IV, V, and VI, that are each equally spaced apart by 60°; the plates 222, 224, 226 configured to be held by the rotary index table station 20, specifically, each plate is fixed to each arm 238 of the rotary index table station 20, and plates 222, 224, 226 are equally spaced apart by 120°; shaft 236 is driven by a motor 237 via worm gear drive; thus, when the rotatable center shaft 236 rotates, the rotary index table station 20 rotates, arms 238 rotates, which makes the plates 222, 224, 226 move to stations numbers I, II, III, IV, V, and VI; movement of the plates 222, 224, 226 can be seen in Khatchadourian Fig.1 & Fig.4; specifically, Khatchadourian Fig.4 shows the plate 222 is moved to the sauce spreading station II; and Khatchadourian Fig.1 shows the plate 224 is moved to the cheese spreading station III; therefore, Khatchadourian discloses the platform configured to move the plates 222, 224, 226 to the pepperoni applying station).
Regarding claim 49, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 48, and Khatchadourian also discloses
wherein the platform (platform includes the rotary index table station 20 [Fig.1], the rotatable center shaft 236 [Fig.36], the arms 238 [Fig.1], plates 248 [Fig.35], Khatchadourian Figs.1 & 35-36) is rotatable underneath the pepperoni applying station (pepperoni dispenser 846, Khatchadourian Figs.69-75) (as explained previously in the rejection of claim 47 above, Khatchadourian discloses the apparatus 10 includes a pepperoni applying station; as cited and explained in details in the rejection of claim 48 above, Khatchadourian discloses the platform configured to move the plates 222, 224, 226 to the the pepperoni applying station; Khatchadourian Col.16 lines 58-60 further discloses: “Plate 248 rotatably and axially supports plate 224 and includes a bearing to permit stub shaft 228 and therefore plate 224 to rotate.”, and Khatchadourian Col.16 lines 35-38 discloses: “For the sake of brevity, only plate 224 will be described. However, it is to be understood that the structure and actuation of the remaining plates 222, 226 are identical to plate 224.”; therefore, Khatchadourian discloses the platform is rotatable underneath the pepperoni applying station).
Regarding claim 53, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
wherein the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) includes a nozzle (nozzle 294, Khatchadourian Fig.20) (Khatchadourian Fig.20 shows the nozzle 294 is the nozzle of the sauce dispenser 272, and the sauce dispenser 272 is part of the sauce spreading station II; specifically, Khatchadourian Col.18 lines 1-5 discloses: “the sauce dispenser, which is disposed at station no. II, will be described. The sauce dispenser 272 includes a container 274 which is comprised of a cylindrical side wall 276 and a bottom wall 278.”).
Regarding claim 58, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
wherein the guide member (pepperoni tube holders 862, Khatchadourian Fig.70) is a cylindrical member (pepperoni tube holders 862 are cylindrical as shown in Khatchadourian Fig.70) having a top opening (top opening, Khatchadourian annotated Fig.70 below) (there is opening on the top in order for the pepperoni stick pusher 856 to push the pepperoni stick 870 downward so that the blade 850 be able to cut it, Khatchadourian Col.22 lines 16-18 discloses: “a pepperoni stick pusher 856 is required to assure that the pepperoni stick 870 is resting on the blade housing 852 surface before being sliced by blade 850”) (Khatchadourian Col.22 lines 16-18 discloses: “a pepperoni stick pusher 856 is required to assure that the pepperoni stick 870 is resting on the blade housing 852 surface before being sliced by blade 850”) configured to receive the pepperoni stick (pepperoni sticks 870, Khatchadourian Fig.71) (Khatchadourian Col.21 lines 47-48 discloses: “Tubeholders 862 act as guides for the pepperoni sticks 870 both during indexing and cutting.”) and a bottom opening (bottom opening, Khatchadourian annotated Figs.70 & 71 below) opposite of the top opening (top opening, Khatchadourian annotated Fig.70 below).
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Regarding claim 60, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Ross also teaches
wherein the aperture (aperture formed by the plate member 9, Ross annotated Fig.2 below) has a dimension slightly larger than a dimension of the slicing blade (circular blade member 13, Ross Fig.2) so as to define a gap (gap, Ross annotated Fig.2 below or see Ross Fig.1) therebetween, the slice of pepperoni falling through the gap (gap, Ross annotated Fig.2 below or see Ross Fig.1) (Ross Col.1 lines 38-46 teaches: “The circular blade rotates about its own axis and also with the crescent-shaped plate about the central axis such that the meat logs, which are supported by the crescent-shaped plate, are engaged alternately by the rotating circular blade to slice the meat logs in a thickness determined by the spacing between the blade and the crescent-shaped plate.”).
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Regarding claim 62, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, Khatchadourian does not explicitly teach:
wherein the pepperoni applying station further includes a slicing motor configured to rotate the slicing blade so as to slice the pepperoni stick.
Ross teaches
wherein the pepperoni applying station (Ross Figs.1-2) further includes a slicing motor (blade motor 27, Ross Col.2 lines 29-31) configured to rotate the slicing blade (circular blade 13, Ross Fig.2) so as to slice the pepperoni stick (Ross Col.2 lines 29-31 teaches: “While circular blade 13 is rotating about axis 11 with plate member 9, the blade motor 27 causes circular blade 13 to rotate about shaft 15.”, and Ross Col.1 lines 38-46 teaches: “The circular blade rotates about its own axis and also with the crescent-shaped plate about the central axis such that the meat logs, which are supported by the crescent-shaped plate, are engaged alternately by the rotating circular blade to slice the meat logs in a thickness determined by the spacing between the blade and the crescent-shaped plate.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding the slicing motor configured to rotate the slicing blade so as to slice the pepperoni stick, as taught by Ross, in order to automatically cut the pepperoni stick to allow rapid and continuous slicing, significantly increasing productivity and efficiency. The modification would also achieve uniform slices, ensure consistent slice thickness. Thus, improve efficiency, speed, consistency and accuracy.
Regarding claim 63, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
wherein the plate (tubeholder plate 860, Khatchadourian Fig.70) is rotatable about a post (center shaft 864, Khatchadourian Fig.70) defining the second axis of rotation (second axis of rotation is the central axis of the center shaft 864, see the center shaft 864 in Khatchadourian Fig.70) (Khatchadourian Col.21 lines 37-39 discloses: “Tubeholder plate 860 revolves about a center shaft 864 which is pinned to a bevel gear 866.”).
Regarding claim 67, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and also teaches:
wherein the slicing blade (circular blade 13, Ross Fig.2; as cited and incorporated in the rejection of claim 45 above) and the plate (plate member 9, Ross Fig.2; as cited and incorporated in the rejection of claim 45 above) are spaced from one another by a distance (as shown in Ross Figs.1-2, and Ross Col.1 lines 38-46 teaches: “The circular blade rotates about its own axis and also with the crescent-shaped plate about the central axis such that the meat logs, which are supported by the crescent-shaped plate, are engaged alternately by the rotating circular blade to slice the meat logs in a thickness determined by the spacing between the blade and the crescent-shaped plate.”).
Regarding claim 68, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 67, and also teaches:
wherein a thickness of the pepperoni slice is based on the distance (Ross Col.1 lines 38-46 teaches: “The circular blade rotates about its own axis and also with the crescent-shaped plate about the central axis such that the meat logs, which are supported by the crescent-shaped plate, are engaged alternately by the rotating circular blade to slice the meat logs in a thickness determined by the spacing between the blade and the crescent-shaped plate.”).
Regarding claim 69, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Ross also teaches:
wherein a first motor (blade motor 27, Ross lines 22-31) is operable to rotate the slicing blade (circular blade 13, Ross Fig.2) about the first axis of rotation (central axis of the circular blade 13, i.e., about shaft 15, Ross Fig.2 & Col.2 lines 29-31), and a second motor (plate drive motor 31, Ross Fig.1) is operable to rotate the plate (plate member 9, Ross Fig.2) about the second axis of rotation (central axis of the plate member 9, i.e., axis of 11, Ross Fig.2 & Col.2 lines 29-31) (Ross lines 22-31 teaches: “Motor 27 is provided to rotate shaft 15 through gear box 29. Motor 31 is provided to rotate shaft 11 through gear box 29. Shafts 11 and 15 are both driven from gear box 29 which provides a fixed relationship between the two shafts. With this arrangement motor 31 rotates shaft 11 which is fixed to gear box 29 and thereby causes circular blade 13 on shaft 15 to rotate therewith. While circular blade 13 is rotating about axis 11 with plate member 9, the blade motor 27 causes circular blade 13 to rotate about shaft 15.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding the teachings of a first motor is operable to rotate the slicing blade about the first axis of rotation, and a second motor is operable to rotate the plate about the second axis of rotation, as taught by Ross, in order to automatically cut the pepperoni stick to allow rapid and continuous slicing, significantly increasing productivity and efficiency. The modification would also achieve uniform slices, ensure consistent slice thickness. Thus, improve efficiency, speed, consistency and accuracy.
Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over Khatchadourian et al. (U.S. Patent No. 6,526,874 B1, previously cited) in view of Ross (U.S. Patent No. 3,972,256 A, newly cited), and further in view of Torghele et al. (EP 1399024 B1, previously cited) and Vetta (U.S. Patent No. 3,358,618 A, previously cited).
Regarding claim 50, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, but does not explicitly teach:
wherein the pizza sauce spreading station, the cheese spreading station, and the pepperoni applying station are disposed in a refrigerated enclosure.
Torghele teaches a pizza making apparatus (20, Torghele Fig.1):
wherein the cheese spreading station (cheese dispenser 42, Torghele Fig.1) and the pepperoni applying station (pepperoni dispenser 44, Torghele Fig.1) are disposed in a refrigerated enclosure (refrigerator 48, Torghele Fig.1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by making the cheese spreading station and the pepperoni applying station disposed in a refrigerated enclosure, as taught by Torghele, in order to preserve freshness of solid toppings for making freshly tasted pizza, as recognized by Torghel [Torghel, Par.0095].
Khatchadourian in view of Ross and Torghele teaches the apparatus as set forth above, but does not explicitly teach:
wherein the pizza sauce spreading station is disposed in a refrigerated enclosure.
Vetta teaches a pizza making apparatus (Vetta Fig.1 & Col.1 lines 8-11):
wherein the pizza sauce spreading station is disposed in a refrigerated enclosure (Vetta Col.1 lines 65-67 teaches: “mounting a sauce dispenser, a cheese dispenser and a sausage dispenser within a refrigerated cabinet”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross and Torghele, by making the sauce spreading station is disposed in a refrigerated enclosure, as taught by Vetta, in order to maintain the sauce in a refrigerated condition to preserve freshness, quality and taste of the sauce.
Claims 54-56 are rejected under 35 U.S.C. 103 as being unpatentable over Khatchadourian et al. (U.S. Patent No. 6,526,874 B1, previously cited) in view of Ross (U.S. Patent No. 3,972,256 A, newly cited), and further in view of Schultz (U.S. Pub. No. 2007/0039480 A1, previously cited).
Regarding claim 54, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
the motor (motor 237, Khatchadourian Fig.36) configured to move the pan (plates 222, 224, 226; Khatchadourian Fig.1) to the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) and the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) (Khatchadourian Col.16 lines 22-47 discloses there are six stations, stations numbers I, II, III, IV, V, and VI, that are each equally spaced apart by 60°; the plates 222, 224, 226 configured to be held by the rotary index table station 20, specifically, each plate is fixed to each arm 238 of the rotary index table station 20, and plates 222, 224, 226 are equally spaced apart by 120°; shaft 236 is driven by a motor 237 via worm gear drive; thus, when the rotatable center shaft 236 rotates, the rotary index table station 20 rotates, arms 238 rotates, which makes the plates 222, 224, 226 move to stations numbers I, II, III, IV, V, and VI; movement of the plates 222, 224, 226 can be seen in Khatchadourian Fig.1 & Fig.4; specifically, Khatchadourian Fig.4 shows the plate 222 is moved to the sauce spreading station II; and Khatchadourian Fig.1 shows the plate 224 is moved to the cheese spreading station III; therefore, Khatchadourian discloses the motor 237 configured to move the plates 222, 224, 226 to the sauce spreading station II and the cheese spreading station III).
Khatchadourian in view of Ross does not explicitly teach:
a controller configured to actuate the motor
Schultz teaches a pizza dough making apparatus (Schultz Par.0002):
a controller (controller 202, Schultz Fig.2 & Par.0045) configured to actuate the motor (“motors”, Schultz Fig.2 & Par.0045) (Schultz Par.0045 teaches: “A programmable logic controller 202 or PLC can be used to operate various motors of the system and preferably several of the motors are servo motors so the speed and angle of rotation of the motor drive shafts can be controlled precisely.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding the teaching of controller configured to actuate the motor, as taught by Schultz, in order to manage and regulate the operation of the motor, providing advantages for precise speed control, rotation speed and angle, protection against faults, and energy efficiency.
Regarding claim 55, Khatchadourian in view of Ross and Schultz teaches the apparatus as set forth in claim 54, Khatchadourian also discloses
the pan (plates 222, 224, 226; Khatchadourian Fig.1) is rotated when the pan (plates 222, 224, 226; Khatchadourian Fig.1) is at the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1) and the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) (Khatchadourian Col.16 lines 55-67 to Col.17 lines 1-20 discloses the motor 267 is configured to rotate plate 248; as cited and explained in details in the rejection of claim 45 above, Khatchadourian discloses the platform configured to move the plates 222, 224, 226 to the sauce spreading station II and the cheese spreading station III; Khatchadourian Col.16 lines 58-60 discloses: “Plate 248 rotatably and axially supports plate 224 and includes a bearing to permit stub shaft 228 and therefore plate 224 to rotate.”, and Khatchadourian Col.16 lines 35-38 discloses: “For the sake of brevity, only plate 224 will be described. However, it is to be understood that the structure and actuation of the remaining plates 222, 226 are identical to plate 224.”; therefore, Khatchadourian discloses each of plates 222, 224, 226 is rotated at the pizza sauce spreading station and the cheese spreading station when each of the plates is at the pizza sauce spreading station and the cheese spreading station).
Khatchadourian does not exility discloses
wherein the controller is configured to rotate the pan
Schultz teaches
wherein the controller (controller 202, Schultz Fig.2 & Par.0045) is configured to rotate the pan (it is noted that the primary reference Khatchadourian discloses the pan is rotates because the shaft rotates which causes the pan to rotate, and Schultz teaches the controller is configured to rotate the shaft; specifically, Schultz Par.0045 teaches: “A programmable logic controller 202 or PLC can be used to operate various motors of the system and preferably several of the motors are servo motors so the speed and angle of rotation of the motor drive shafts can be controlled precisely.”; therefore, in combination, Khatchadourian in view of Schultz teaches the controller is configured to rotate the pan)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding the teaching of the controller is further configured to rotate the pan, as taught by Schultz, in order to precisely control the rotation speed and angle of the pan; thus, the topping can be evenly distributed on the pizza dough being held by the pan.
Regarding claim 56, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, and Khatchadourian also discloses
the motor (motor 237, Khatchadourian Fig.36) configured to move the pan (plates 222, 224, 226; Khatchadourian Fig.1) to the pizza sauce spreading station (sauce spreading station II, Khatchadourian Fig.1), the cheese spreading station (cheese spreading station III, Khatchadourian Fig.1) and the pepperoni applying station (pepperoni dispenser 846, Khatchadourian Figs.69-75) (Khatchadourian Col.16 lines 22-47 discloses there are six stations, stations numbers I, II, III, IV, V, and VI, that are each equally spaced apart by 60°; the plates 222, 224, 226 configured to be held by the rotary index table station 20, specifically, each plate is fixed to each arm 238 of the rotary index table station 20, and plates 222, 224, 226 are equally spaced apart by 120°; shaft 236 is driven by a motor 237 via worm gear drive; thus, when the rotatable center shaft 236 rotates, the rotary index table station 20 rotates, arms 238 rotates, which makes the plates 222, 224, 226 move to stations numbers I, II, III, IV, V, and VI; movement of the plates 222, 224, 226 can be seen in Khatchadourian Fig.1 & Fig.4; specifically, Khatchadourian Fig.4 shows the plate 222 is moved to the sauce spreading station II; and Khatchadourian Fig.1 shows the plate 224 is moved to the cheese spreading station III; therefore, Khatchadourian discloses the motor 237 configured to move the plates 222, 224, 226 to the sauce spreading station, the cheese spreading station, and the pepperoni applying station).
Khatchadourian in view of Ross does not explicitly teach:
a controller configured to actuate the motor
Schultz teaches a pizza dough making apparatus (Schultz Par.0002):
a controller (controller 202, Schultz Fig.2 & Par.0045) configured to actuate the motor (“motors”, Schultz Fig.2 & Par.0045) (Schultz Par.0045 teaches: “A programmable logic controller 202 or PLC can be used to operate various motors of the system and preferably several of the motors are servo motors so the speed and angle of rotation of the motor drive shafts can be controlled precisely.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding the teaching of controller configured to actuate the motor, as taught by Schultz, in order to manage and regulate the operation of the motor, providing advantages for precise speed control, rotation speed and angle, protection against faults, and energy efficiency.
Claim 61 is rejected under 35 U.S.C. 103 as being unpatentable over Khatchadourian et al. (U.S. Patent No. 6,526,874 B1, previously cited) in view of Ross (U.S. Patent No. 3,972,256 A, newly cited), and further in view of Torghele et al. (EP 1399024 B1, previously cited).
Regarding claim 61, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, but does not explicitly teach:
further including a refrigerated enclosure, the guide member disposed within the refrigerated enclosure.
Torghele teaches a pizza making apparatus (20, Torghele Fig.1):
further including a refrigerated enclosure (refrigerator 48, Torghele Fig.1), the guide member (dosing compartments 257, Torghele Fig.12d) (it is noted that guide member is configured to hold pepperoni and is part of the pepperoni dispenser, in this case, the Torghele dosing compartments 257 acts as guide member because dosing compartments 257 configured to hold pepperoni) disposed within the refrigerated enclosure (refrigerator 48, Torghele Fig.1) (it is noted that the dosing compartments 257 is part of the pepperoni dispenser 44, Torghele Fig.1 shows that the pepperoni dispenser 44 disposed within the refrigerator 48; therefore, Torghel teaches the guide member is disposed within the refrigerated enclosure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding a refrigerated enclosure and making the guide member disposed within the refrigerated enclosure, as taught by Torghele, in order to preserve freshness of solid toppings for making freshly tasted pizza, as recognized by Torghel [Torghel, Par.0095].
Claim 65 is rejected under 35 U.S.C. 103 as being unpatentable over Khatchadourian et al. (U.S. Patent No. 6,526,874 B1, previously cited) in view of Ross (U.S. Patent No. 3,972,256 A, newly cited), and further in view of Kuehnl (DE 10043304 A1, previously cited) and Torghele et al. (EP 1399024 B1, previously cited).
Regarding claim 65, Khatchadourian in view of Ross teaches the apparatus as set forth in claim 45, but does not explicitly teach further including:
a refrigerated enclosure, the guide member including a first portion disposed within the refrigerated enclosure and a second portion disposed exterior of the refrigerated enclosure.
Kuehnl teaches a slicing apparatus (Kuehnl Fig.1):
the guide member (holders 14 & 16, Kuehnl Fig.1) including a first portion (first portion, Kuehnl annotated Fig.1) disposed within the enclosure (enclosure 10, Kuehnl Fig.1) and a second portion (second portion, Kuehnl annotated Fig.1) disposed exterior of the enclosure (enclosure 10, Kuehnl Fig.1).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, by adding the enclosure for the guide member, as taught by Kuehnl, in order to protect the pepperoni sticks from dust, debris, and potential pests while they are hanging or resting. While the inner holder covers the stick, an outer enclosure acts as a superior barrier against external contaminants, including air pollutants, bacteria, dust, and insects. Thus, enhance hygiene and food safety.
Khatchadourian in view of Ross and Kuehnl teaches the apparatus as set forth above, but does not explicitly teach:
the enclosure is a refrigerated enclosure.
Torghele teaches a pizza making apparatus (20, Torghele Fig.1) including:
a refrigerated enclosure (refrigerator 48, Torghele Fig.1), the guide member (pepperoni dispenser 44, Torghele Fig.1) disposed within the refrigerated enclosure (refrigerator 48, Torghele Fig.1) (It is noted that Khatchadourian in view of Kuehnl teaches the guide member including a first portion disposed within the enclosure and a second portion disposed exterior of the enclosure, by adding the teaching of the enclosure is refrigerated enclosure, as taught by Torghele, in combination, Khatchadourian in view of Kuehnl and Torghele teaches the guide member including a first portion disposed within the refrigerated enclosure and a second portion disposed exterior of the refrigerated enclosure)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross and Kuehnl, by making the Khatchadourian in view of Ross and Kuehnl enclosure (see the Kuehnl enclosure 10 in Kuehnl Fig.1) a refrigerated enclosure, as taught by Torghele, in order to preserve freshness of solid toppings for making freshly tasted pizza, as recognized by Torghel [Torghel, Par.0095].
Claim 66 is rejected under 35 U.S.C. 103 as being unpatentable over Khatchadourian et al. (U.S. Patent No. 6,526,874 B1, previously cited) in view of Ross (U.S. Patent No. 3,972,256 A, newly cited), Kuehnl (DE 10043304 A1, previously cited), Torghele et al. (EP 1399024 B1, previously cited), and further in view of Andre (FR 2687300 A1, previously cited).
Regarding claim 66, Khatchadourian in view of Ross, Kuehnl and Torghele teaches the apparatus set forth in claim 65, Khatchadourian also discloses the guide member (pepperoni tube holders 862, Khatchadourian Fig.70) includes a solid sleeve (as shown in Khatchadourian Fig.70).
Khatchadourian in view of Ross, Kuehnl and Torghele does not explicitly teach:
wherein the first portion of the guide member includes a plurality of rods that support the pepperoni stick therebetween with the pepperoni stick exposed to an environment of the refrigerated enclosure, and the second portion of the guide member includes a solid sleeve.
Andre teaches a food product holder (Andre Fig.1):
wherein the first portion (cage 5, Andre Fig.1) of the guide member (guide member includes the cage 5 and chute 2, Andre Fig.1) includes a plurality of rods (columns 7, Andre Fig.1) that support the pepperoni stick therebetween with the pepperoni stick exposed to an environment of the refrigerated enclosure (Andre Fig.1 shows that the columns 7 supports the food product therebetween; thus, in combination, by making the first portion of the Khatchadourian in view of Ross, Kuehnl and Torghele guide member to include a plurality of rods, as taught by Andre; in combination, Khatchadourian in view of Ross, Kuehnl, Torghele and Andre teaches the first portion of the guide member includes a plurality of rods that support the pepperoni stick therebetween with the pepperoni stick exposed to an environment of the refrigerated enclosure), and the second portion (chute 2, Andre Fig.1) of the guide member (guide member includes the cage 5 and chute 2, Andre Fig.1) includes a solid sleeve (Andre Fig.1 shows the chute 2 includes solid sleeve).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khatchadourian in view of Ross, Kuehnl and Torghele, by making the first portion of the guide member includes a plurality of rods that support the food product therebetween, as taught by Andre, in order to improve air circulation because in refrigerator enclosure, vertical rods allow air to circulate around all sides of the pepperoni sticks. Because the rods promote better airflow, they help minimize condensation on the surface of the pepperoni sticks. In contrast, a solid sleeve at the top portion might trap moisture, which can lead to mold. Thus, plurality of vertical rods to hold pepperoni sticks at the top portion, rather than solid sleeve, provides advantage in the refrigerator enclosure.
Conclusion
The following prior art(s) made of record and not relied upon is/are considered pertinent to Applicant’s disclosure.
Schaaf et al. (U.S. Patent No. 5,744,185 A) discloses a food slicer comprising a slicing blade configured to rotate relative to a plate about a first axis of rotation and configured to slice the food.
Gore (U.S. Patent No. 7,070,824 B1) discloses a meat slicer comprising a slicing blade configured to rotate relative to a plate about a first axis of rotation, and the plate configured to rotate relative to a guide member about a second axis of rotation spaced from the first axis of rotation.
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/THAO UYEN TRAN-LE/Examiner, Art Unit 3761 06/11/2026
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