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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/09/26 has been entered.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 37-42, 46-53 and 55-57 are rejected under 35 U.S.C. 103 as being
unpatentable over RU 2417620C2 in view of Belzowski et al (US 2013/0011525).
As to claim 37, RU'620 teaches (see Figs 1A, 2-4, 18) a system for fabrication of a three-dimensional edible product having two or more edible components (see English
Translation on page 6-7 for organoleptic components), the system comprising: a
processor configured to receive an edible product design having pattern coordinates
(see English Translation on page 30), and to provide pattern address signals based on
the pattern coordinates (see English Translation on page 26 for a controller 71
transmitting signal); a printing mechanism comprising a printing head having two or
more sets of a plurality of discrete applicators (see English Translation on page 16,
printing device 32 comprising ink jet heads 34), each one of the two or more sets is
configured to receive and dispense a different edible component (different colors of edible ink compositions and one or more feed containers 36 delivering the composition to nozzles of the ink jet head 34, see English Translation on page 16); a driving mechanism (transport device or conveyor) capable of receiving address signals and to control the position of the printing head with respect to a printing support bed (see Fig 4 for controller 71, Figs 18 and 24 for the moving conveyor in the direction of the arrow AA, Fig 4, Fig 27 for detection device 638 sending signals to the controller); and a feeder mechanism configured to receive two or more edible components from different sources (four containers 36 containing different edible inks) and to separately manipulate each edible component towards a respective set (supplying ink to separate nozzles, see English Translation on page 16). RU'620 lacks specifically teaching applicators configured to selectively dispense each discrete applicator and each applicator within a set of the two or more sets is configured to receive its corresponding edible component in an independent manner from the other discrete applicators, although the inkjet printing systems shown by RU’620 in Figs 1-4 and 12-13 are capable of operating as claimed (because the controller 71 controls the droplets ejected from the nozzles provided on the inkjet heads 34 of the printing apparatus 32, see English Translation on pages 15 and 25). In any event, Belzowski et al teaches (see Figs 3-4, para [0037], [0043], [0064-0065]) one of the discrete applicators within a set of the two or more sets (see para [0068] and Fig 4, for a set of two heads 62a, 62b each provided with nozzles 61, a plurality of dispensing heads [more than 2] is taught on para [0013]) being configured to be separately controlled by the processor (controller 45) according to the pattern address signals each discrete applicator of the plurality of discrete applicators is configured to selectively dispense, in a continuous or intermittent manner (see para [0033] [0036] for continuous droplets dispensing in selected pattern), a corresponding edible component thereof onto a printing support bed in accordance with the pattern address signals received from the processor, wherein each discrete applicator (each heads 62a, 62b) is configured to receive its corresponding edible component in an independent manner from the other discrete applicators (see Fig 4, para [0013] and [0068], for reservoirs 64a, 64b supplying the agents to the heads 62a, 62b respectively), in accordance with the pattern address signals received from the processor (see Fig 3 and para [0036-0037] [0039] independently controlling nozzles in the head). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to selectively dispense each discrete applicator and in RU'620 to form droplets by mechanical or fluid forces which are less likely to alter dispensed enhancing agents or prevent buildup of microbial contamination as taught by Belzowski et al (see para [0038-0039]). It would have also been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for each of discrete applicator within a set of two discrete applicators heads to receive its corresponding edible component in an independent manner from the other discrete applicators in RU’620 to apply different types of agents/components in applying the desired target patterns.
As to claim 39, in RU'620 teaches the feeder mechanism is capable of separately
manipulating each edible component towards a different set of the two or more sets of
discrete applicators (see English Translation on page 16, for each ink jet head 34
including nozzles in fluid communication with one or more of the feeding containers 36).
Regarding claim 40, RU'620 teaches at least one of the different sources
comprises a readily available edible component contained within a container (36), wherein the feeder mechanism is configured to induce pressure within the container to
manipulate the edible component contained therein outwards therefrom and towards its
respective printing head (see English Translation on page 15, for pressure pulses to the
printing ink).
As to claim 41, in RU'620 the two or more sources of different edible
components (containers 36) are capable of being constituted by at least one pre-
fabrication module associated with the feeder mechanism and configured to receive
ingredients and process the ingredients into the two or more edible components (ink
compositions).
Regarding claim 42, in RU'620 the feeder mechanism comprises at least one
pressurizing device (see English Translation on page 15, for pressure pulses to the
printing ink).
As to claim 46, in RU'620 each of the two or more sets of discrete applicators
(heads) capable of being maneuvered independently from the other sets.
Regarding claim 47, RU'620 each of the sets of discrete applicators are arranged
next to each other along the print axis (see English Translation on pages 16-17, for the
heads with nozzles arranged in a series lines).
As to claim 48, in RU'620 the printing head comprises two or more printing heads
(print heads 34) corresponding to the number of the sets of the discrete applicators,
wherein each set is positioned on a different printing head (see English Translation on
page 16, for the head including different numbers of nozzles).
As to claim 49, RU'620 the printing head comprises two or more printing heads
(print heads 34) corresponding to the number of the sets of the discrete applicators
(heads with nozzles), wherein each set is capable of being positioned on a different printing head (See English Translation on page 16, for the head 34 may be arranged in any desired manner).
Regarding claim 50, RU'620 teaches the printing head (34) further comprises at
least one printing plate, each printing plate is configured with an inlet surface and an
outlet surface and a plurality of apertures (see Figs 13A, 14A and 14C) transversing the
plate from the inlet surface to the outlet surface, wherein each one of the apertures
(outlets of nozzles) is in flow communication, via the inlet surface, to one of the plurality
of the discrete applicators (heads with nozzles), so as to enable manipulation of edible component therefrom.
As to claim 51, in RU'620 (see Fig 13A) each one of the discrete applicators
comprises a hollow elongated applicator body having an edible component inlet, an
applicator outlet (see Fig 4 for printing device 32 having hollow body) and a propelling
mechanism (dosing device 202 ejecting the dye) disposed therein configured to propel
edible component through the applicator outlet.
Regarding claim 52, RU'620 teaches (see Fig 13A) the propelling mechanism
comprising a propelling element formed as any one of: an auger snuggly fitted within the
applicator body or a progressive cavity pump (218) fitted within the applicator body.
As to claim 53, RU'620 teaches each one of the discrete applicators (heads with nozzles)
propelling mechanism (pump 218) is configured to be separately controlled by the
processor (controller 224) in accordance with the pattern address signals.
As to claim 55, in RU'620 (see English Translation on page 9 and Fig 4) the
driving mechanism (transport device or conveyor) is configured to maneuver the printing support bed (transport device with detection device) accordance with the pattern address signals received from the processor (controller 71 transmitting signal), so as to control the position thereof with respect to the printing head.
As to claim 56, RU'620 teaches at least one subsystem for operating a post-
fabrication operation on the three-dimensional edible product (layers formed/applied on
the 3D formed object, see English translated doc).
Regarding claim 57, RU'620 lacks specifically teaching post-fabrication process
either during the fabrication process or after the fabrication process. However, in
manufacturing food product at least one subsystem configured to operate
the post-fabrication operation either during the fabrication process or after the
fabrication process is known in the art; such as shown by Belzowski et al (see Fig 6
post-fabrication operation including cutting portions for packaging). It would have been
obvious to one of ordinary skill in the art before the effective filing date of the claimed
invention to include post-fabrication process in RU'620 to make the food items ready
for consumers.
Claim(s) 43- 45 are rejected under 35 U.S.C. 103 as being unpatentable over
RU 2417620C2 in view of Belzowski et al (US 2013/0011525) as applied to claim 37
and further in view of Garrison et al (US 8,007,848).
RU'620 et al lacks teaching at least one splitter module. Garrison et al teaches
(see Figs 2-3) at least one splitter module (24, 26) having a splitter inlet configured to
receive edible component, and a plurality of splitter outlets configured to provide edible
component to each one of the discrete applicators (36-42) of one of the two or more
sets of a plurality of discrete applicators (36-42), wherein the splitter module (24, 26) is
configured to provide a substantially equal flow or pressure from each one of its splitter
outlets, and wherein the splitter module (24, 26) comprises a plurality of edible material
flow paths extending between the splitter inlet and each one of the splitter outlets,
wherein the diameter of each flow path increases along the flow path (see Fig 7 for the
nozzle spool 72 increasing in the diameter along the path 96). It would have been
obvious to one of ordinary skill in the art before the effective filing date of the claimed
invention to include at least one splitter module in RU'620 to promote an even
distribution of flow to each of the nozzles as taught by Garrison et al (see column 6,
lines 48-53).
Claim(s) 54 is rejected under 35 U.S.C. 103 as being unpatentable over RU
2417620C2 in view of Belzowski et al (US 2013/0011525) as applied to claim 37 and further in view of Makover et al (US 2018/0050499A1) and Albert et al (US
2018/0338519).
RU'620 teaches moving the metering device for moving the head (see English
Translation on page 35), but lacks teaching a plurality of elevating motors. Albert et al
teaches (see Figs 1-2, 3A and para [0014-0016]) printing head body provided with a
plurality of cartridge motors and lifting motors each of which is associated with one of
the pluralities of discrete applicators (cartridges 306) and configured to elevate or lower
the position of each one of the discrete applicators with respect to the printing support
bed independently of one another (see Figs 1 and 4). Makover et al also teaches (see
Figs 1 and 4) a lifting mechanism 41 with a motor 43 positioning a discrete applicator
with respect to the effective filing date of the claimed invention to include a plurality of
elevating motors in Sung et al to print even complex structures of foods (in particular
foods with a relatively large spread in their height) in a precise manner as taught by
Albert et al (see para [0015]).
Response to Arguments
Applicant's arguments filed 06/09/26 have been fully considered but they are not persuasive.
Applicant mainly disagrees saying that “Belzowski appears to describe dispensing heads having nozzles. The PTO refers to the nozzles (the alleged "discrete applicators") of Belzowski being independently controlled. Applicant notes, however, that individual control of a nozzle in Belzowski is, at best, for dispensing of a material from that nozzle, and not for receiving of material by that nozzle in an independent manner from other nozzles”. Examiner respectfully disagrees with this argument because in Belzowski (see Fig 4 and para [0068] each head 62a, 62b (each provided with nozzles 61) is configured to independently receive material from (64a, 646b respectively). Belzowski et al also teaches a plurality of controlled dispensing heads (a set of two or more sets of discrete applicators) in fluid communication with a plurality of reservoirs. For at least the reasons described above, the examiner maintains the rejection over the references to RU2417620C2 in view of Belzowski et al and others.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP-2013-521811A apparatus for enhancing the aroma of food products with a plurality of dispensing heads fluidly communicating with a plurality of tanks (see English Translations on paragraphs [0013], [0031], [0037], [0049], [0053], [0057] and Fig 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEWEBDAR T TADESSE whose telephone number is (571)272-1238. The examiner can normally be reached 7.00-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YEWEBDAR T. TADESSE
Primary Examiner
Art Unit 1717
/YEWEBDAR T TADESSE/
Prosecution Insights