DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4. and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Antonissen (4,572,044).
Regarding claim 1, Antonissen teaches a system for processing a plurality of food products to be sliced or to be divided, comprising:
a processing line that comprises a plurality of work stations (8, 2) and a single-track or multi-track transport device for transporting the plurality of food products along a transport path from work station to work station,
wherein at least one work station of the plurality of work stations has at least one component (30, 31, 32, 33) configured to determine at least one control variable of the at least one work station (orbiting speed of the blade and feeding speed of the feeder),
wherein the at least one control variable is an adjustable parameter relating to an operation of the at least one work station,
wherein the at least one component is connected to an evaluation and control device 18 that is configured to generate a control signal in dependence on the at least one control variable, and
wherein the control signal is transmitted to a further device of the processing line.
See Figs. 1-3.
Regarding claim 2, product weigh is an additional parameter.
Regarding claim 4, the evaluation and control device 18 having a display device is best seen in Fig. 2.
Regarding claim 5, the evaluation and control device 18 is connected to the feeding station 8 and the cutting station 1. See Fig. 2.
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 3, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Antonissen (4,572,044) in view of Bassill et al. (2018/0338354), hereinafter Bassill.
Regarding claim 3, Antonissen teaches the invention substantially as claimed except for the evaluation and control device generating a warning message.
Bassill teaches an evaluation and control device 100 generating a warning message (alarm, light, display, etc.). See para. [0023].
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to provide the evaluation and control device in Antonissen a warning message such as alarm, light, display, etc. as taught by Bassill for warning the operator abnormal conditions of the parameters.
Regarding claim 4, the display device can be broadly interpreted as a warning device. The reason for providing a warning device to the evaluation and control device is provided in claim 3 above.
Regarding claim 6, Antonissen teaches the invention substantially as claimed except for the evaluation and control device having self-learning algorithm function.
Bassill teaches a food preparation device including an evaluation and control device having self-learning algorithm function for improving future operation of the food preparation device. See para. [0029].
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to provide the evaluation and control device in Antonissen a self-learning algorithm function as taught by Bassill for improving future operation of the system.
Response to Arguments
Applicant's arguments filed on 12/17/2025 have been fully considered but they are not moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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/PHONG H NGUYEN/Examiner, Art Unit 3724
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