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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 01/23/2023 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Response to Election/Restrictions
Applicant’s election without traverse of Group I (consisting of claims 24-39) and Species I (consisting of claims 24-25, 37-39) in the reply filed on 01/09/2026 is acknowledge. Group II (consisting of claims 40-43) and Species II are withdrawn from consideration. However, the elected claims 37-38 depend on the non-elected claim 35 (it is noted that according to Applicant’s reply filed on 01/09/2026, the elected Species I consisting of claims 24-25, 37-39), therefore, claims 37-38 are withdrawn from consideration. Thus, claims 26-38, 40-43 are withdrawn from consideration. Accordingly, claims 24-25 and 39 are examined as follow.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
reference characters “2” and “4” have both been used to designate “production line” [see Pars.0035-0036 of the Instant Application].
reference character “4” has been used to designate both “main conveyor” [see Par.0035 of the Instant Application] and “production line” [see Par.0036 of the Instant Application].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 39 is objected to because of the following informalities:
Claim 39 recites “ore” in line 5 in “one ore more”. The “ore” appears to be a typo and should be changed to “or”.
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 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:
“control unit configured for, successively and iteratively, bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity” in claim 39 (lines 1-7). This limitation uses generic placeholder “unit” (Prong A); the term “unit” is modified by functional language “configured for, successively and iteratively, bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity” (Prong B); and the term “unit” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f).
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 39 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 39 recites the limitation “a control unit configured for, successively and iteratively, bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity” in lines 1-7. This limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. See the Claim Interpretation section above. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specifically, Par.0025 and Par.0038 of the Specification of the Instant Application mentioned the “control unit”, to be more specific, Par.0025 describes: “According to a preferred embodiment, the unit further comprises a control unit configured for, successively and iteratively, bringing one or several flat food products on one of the at least one outer face of the returning element, applying a depression to the one or several flat food products through the air aspiration holes of said outer face, rotating the returning element so as to return said one or several flat food products, and releasing said depression so that the one or several flat food products separate from the returning element by gravity.”, and Par.0038 describes: “The returning unit12 comprises a control unit17 that is configured for controlling operations of the returning element14 and the loading conveyor16, as described here below. The control unit17 can also belong to the production line2 and control additional operations like pouring the dough preparation and baking the food products.”; however, the Specification of the Instant Application does not disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Additionally, it is noted that the Drawings of the Instant Application show the control unit 17 in Fig.1. However, the control unit 17 is represented by a box. Thus, it is unclear the structure of the control unit. Therefore, the Specification and the Drawings of the Instant Application fail to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Thus, claim 39 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24-25, 39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24 recites the limitation “the belt” in line 10. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation “the belt” recited in claim 24 (line 10) refers to the entire of “a belt conveyor” recited previously in claim 24 (line 9), or the limitation “the belt” recited in claim 24 (line 10) refers to a belt only. If the limitation “the belt” recited in claim 24 (line 10) refers to a belt only, it is unclear if “the belt” recited in claim 24 (line 10) refers to the belt of the “belt conveyor” recited previously in claim 24 (line 9), or a different belt. For examination purposes, the limitation “the belt” recited in claim 24 (line 10) will be interpreted as the “belt conveyor” recited previously in claim 24 (line 9).
Claims 25 and 39 are rejected by virtue of their dependence on claim 24.
Claim 39 recites the limitation “a depression” in line 3. It is unclear what is meant by this limitation because claim 39 depends on claim 24; however, claim 24 already recites the limitation “depression” in line 5. Therefore, it is unclear if the limitation “a depression” recited in claim 39 (line 3) refers to the limitation “depression” recited in claim 24 (line 5), or the limitation “a depression” recited in claim 39 (line 3) refers to a different depression. For examination purposes, the limitation “a depression” recited in claim 39 (line 3) will be interpreted as to refer to the limitation “depression” recited previously in claim 24 (line 5).
Claim 39 recites the limitation “a control unit configured for, successively and iteratively, bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity” in lines 1-7. This limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. See the Claim Interpretation section above. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specifically, Par.0025 and Par.0038 of the Specification of the Instant Application mentioned the “control unit”, to be more specific, Par.0025 describes: “According to a preferred embodiment, the unit further comprises a control unit configured for, successively and iteratively, bringing one or several flat food products on one of the at least one outer face of the returning element, applying a depression to the one or several flat food products through the air aspiration holes of said outer face, rotating the returning element so as to return said one or several flat food products, and releasing said depression so that the one or several flat food products separate from the returning element by gravity.”, and Par.0038 describes: “The returning unit12 comprises a control unit17 that is configured for controlling operations of the returning element14 and the loading conveyor16, as described here below. The control unit17 can also belong to the production line2 and control additional operations like pouring the dough preparation and baking the food products.”; however, the Specification of the Instant Application does not disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Additionally, it is noted that the Drawings of the Instant Application show the control unit 17 in Fig.1. However, the control unit 17 is represented by a box. Thus, it is unclear the structure of the control unit. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Furthermore, it is unclear what is meant by the limitation “a control unit configured for, successively and iteratively, bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity” as recited in claim 39 (lines 1-7) because it is unclear how the control unit itself capable of bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity as recited in claim 39. To be more specific, Par.0039 of the Specification of the Instant Application describes: “The returning unit 12 comprises a control unit 17 that is configured for controlling operations of the returning element 14 and the loading conveyor 16, as described here below.”. According to Pars.0049-0050 of the Specification of the Instant Application, the loading conveyor 16 is configured to transfer and load the flat food products to one of the at least one outer face of the returning element 14. According to Pars.0051-0053 of the Specification of the Instant Application, the returning element 14 is configured to apply a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotate the returning element so as to return the one or more of the one or more flat food products, and release the depression so that the one or more of the one or more flat food products separate from the returning element by gravity. Therefore, according to the Specification of the Instant Application, the control unit is configured to control the returning element and the loading conveyor; to be more specific, the control unit is configured to control the loading conveyor to transfer and load the flat food products to one of the at least one outer face of the returning element, and the control unit is configured to control the returning element to apply a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotate the returning element so as to return the one or more of the one or more flat food products, and release the depression so that the one or more of the one or more flat food products separate from the returning element by gravity. Therefore, according to the Specification of the Instant Application, the control unit is configured to control the returning element and the loading conveyor to perform steps of “bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one ore more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity” as recited in claim 39. Therefore, it is unclear how the control unit itself is capable of bringing one or more of the one or more flat food products on one of the at least one outer face of the returning element, applying a depression to the one or more of the one or more flat food products through the air aspiration holes of the outer face, rotating the returning element so as to return the one or more of the one or more flat food products, and releasing the depression so that the one or more of the one or more flat food products separate from the returning element by gravity as recited in claim 39. For examination purposes, claim 39 will be interpreted as control unit is configured to control the returning element and the loading conveyor to perform steps as recited in claim 39.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 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 24 and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foulon, JR. et al. (U.S. Pub. No. 2009/0092475 A1, hereinafter Foulon).
Regarding claim 24, Foulon discloses a unit (destacking device 10, Foulon Figs.1-2) for returning one or more flat food products (planar food product or tortilla 102a/102b, Foulon Figs.6, 11) (Foulon Abstract discloses: “Disclosed herein is a destacking device for dispensing planar food products, such as tortillas, from a stack bottom”), said unit (destacking device 10, Foulon Figs.1-2) comprising:
a returning element (drum 70, Foulon Fig.6) configured for rotating around a rotating axis (axis of rotation is the center longitudinal line of the drum 70 that the drum 70 spins around, see the drum 70 in Foulon Fig.6) and provided with at least one outer face (suction lip 124, Foulon Fig.6) for receiving the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) to be returned (as shown in Foulon Figs.6, 7A-7B, 12A-12F);
wherein the at least one outer face (suction lip 124, Foulon Fig.6) is provided with air aspiration holes (suction holes 126, Foulon Figs.7A-7B) for maintaining by depression (Foulon Par.0037 discloses: “the application of a vacuum to the second fluid conduit 142 by the vacuum assembly 28 "sucks" the bottommost tortilla 102a of the stack 102 against the forward suction holes 126 to close same, thereby permitting further communication of the vacuum to the air cylinder to induce the air cylinder to move to its second position closing the suction lip 124”, and Foulon Par.0055 discloses: “Delivery of the vacuum to the forward hollow casing 138 has "sucked" at least a forward portion of the bottommost tortillas 102a against the forward vacuum holes 126 of the suction lip 124.”) the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) on the outer face (suction lip 124, Foulon Fig.6) when the returning element (drum 70, Foulon Fig.6) is rotated with the outer face (suction lip 124, Foulon Fig.6) oriented downwardly (Foulon Figs.12A-12E shows the suction lip 124 with suction holes 126 for maintaining by depression the planar food product or tortilla 102a on the suction lip 124 when the drum 70 is rotated with suction lip 124 oriented downwardly. It is noted that when the drum 70 rotates counterclockwise to a position about 180 degrees apart from the position of FIG. 12A (i.e., the position where the suction lip 124 is oriented downwardly), the tortilla 102a still remains secure against the suction lip 124 of the drum 70 because Foulon Par.0058 discloses the tortilla 102a is released when the drum 70 rotates counterclockwise to a position about 190 degrees apart from the position of FIG. 12A; specifically, Foulon Par.0057 discloses: “Referring to FIG. 12D, the drum 70 is shown having been further rotated counterclockwise to achieve a position between the middle position and a rightmost position, and being rotated about one-hundred thirty-five degrees with respect to the position of FIG. 12A. It can be seen that, despite the somewhat vertical orientation of the bottommost tortilla 102a, a forward portion of the tortilla 102a remains secure against the drum 70 proximal the forward vacuum holes 126.”, and Foulon Par.0058 discloses: “Referring to FIG. 12E … The drum 70 has rotated counterclockwise to a position about one-hundred ninety degrees apart from the position of FIG. 12A. In response to sensing the metal flange 222, the second proximity sensor 198 has sent an electric signal to the solenoid valve 194, thereby deactivating the flow of positively pressurized air to the pumps 200, 202. The venturi effect induced by the pumps 200, 202 ceases and the negative pressure is released, thereby allowing the tortilla 102a to separate from the rear and forward vacuum holes 118, 126 by virtue of a substantially downward gravitational force.”); and
a loading conveyor (loading conveyor includes belt assembly 84 [Foulon Fig.5], frame 20 [Foulon Figs.1-4], first plate 58 [Foulon Fig.5], and arm assembly 24 [Foulon Figs.3, 10]; Foulon Par.0029 discloses: “a belt assembly 84 secured to the end frame member 32 of the frame 20”) configured for loading the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) on one of the at least one outer face (suction lip 124, Foulon Fig.6) of the returning element (drum 70, Foulon Fig.6) (Foulon Fig.6 shows the loading conveyor configured for loading the tortilla 102a on the suction lip 124 of the drum 70);
wherein the loading conveyor (loading conveyor includes belt assembly 84 [Foulon Fig.5], frame 20 [Foulon Figs.1-4], first plate 58 [Foulon Fig.5], and arm assembly 24 [Foulon Figs.3, 10]) is a belt conveyor (loading conveyor is a belt conveyor because it includes the belt assembly 84, and the belt assembly 84 includes belt 86, as shown in Foulon Fig.5 and indicated by Par.0029) with a retractable end (retractable end includes arm 230, first protuberance 83, second protuberance 246, toe 238, mount 240, Foulon Fig.9) configured for selectively extending from the belt (see the 35 U.S.C. 112 Claim Rejections section above for the 35 U.S.C. 112(b) rejections for the limitation “the belt”; in this case, Foulon Fig.10 shows the retractable end including arm 230, first protuberance 83, second protuberance 246, toe 238, mount 240 is configured for selectively extending from the belt conveyor, see the arrow pointing to the right side in Foulon Fig.10) to bring the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) from the belt (loading conveyor includes belt assembly 84 [Foulon Fig.5], frame 20 [Foulon Figs.1-4], first plate 58 [Foulon Fig.5], and arm assembly 24 [Foulon Figs.3, 10]) to one of the at least one outer face (suction lip 124, Foulon Figs.6, 10) of the returning element (drum 70, Foulon Figs.6, 10) (Foulon Par.0059 discloses the operation of the Figs.12A-12F repeat itself, but with respect to the next bottommost tortilla 102 b, the second-next bottommost tortilla, the third-next bottommost tortilla, etc. Foulon Figs.12E-12F show after the tortilla get transferred to the belt 16 by the drum 70, the drum 70 rotates back to position as shown in Foulon Fig.12A. Foulon Fig.12F shows the stack 102 of tortilla is held by the retractable end (see the stack 102 of tortilla is seated on toe 238 of the retractable end in Fig.12F). When the drum 70 moves from position as shown in Foulon Fig.12F to position as shown in Foulon Fig.12A, the retractable end (see toe 238 of the retractable end in Fig.12A) also moves away from the belt conveyor to cause the bottommost of the stack 102 of tortilla to be in contact with the suction lip 124 of the drum 70. Therefore, the retractable end includes arm 230, first protuberance 83, second protuberance 246, toe 238, mount 240 is configured to bring one or more tortilla from the belt conveyor to the suction lip 124 of the drum 70, see the process and movement of the drum 70 and the toe 238 from Foulon Fig.12F to Foulon Fig.12A), and retracting to the belt (loading conveyor includes belt assembly 84 [Foulon Fig.5], frame 20 [Foulon Figs.1-4], first plate 58 [Foulon Fig.5], and arm assembly 24 [Foulon Figs.3, 10]) away from the outer face (suction lip 124, Foulon Figs.6, 10) (it is noted that after the retractable end including arm 230, first protuberance 83, second protuberance 246, toe 238, mount 240 causes the tortilla 102a to transfer from the belt conveyor to be on the suction lip 124, as explained above, the drum 70 starts to rotate as shown in Foulon Figs.12B-12F, thus, retracting the retractable end to the belt conveyor away from the suction lip 124).
Regarding claim 39, (see the 35 U.S.C. 112 Claim Rejections section above for the 35 U.S.C. 112(b) rejections for this claim 39) Foulon discloses the apparatus set forth in claim 24, Foulon also discloses further comprising
a control unit (electric control assembly 30, Foulon Fig.2) configured for, successively and iteratively (Foulon Par.0020 discloses: “an electric control assembly 30 for controlling the drive assembly 26 and the vacuum assembly 28 (and, in some embodiments, the belt motor 18 of the portable food processing assembly line 14)”, and Foulon Par.0059 discloses: “the operation of the FIGS. 12A-12F to repeat itself, but with respect to the next bottommost tortilla 102 b, the second-next bottommost tortilla, the third-next bottommost tortilla, etc.”), bringing one or more of the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) on one of the at least one outer face (suction lip 124, Foulon Fig.6) of the returning element (drum 70, Foulon Fig.6) (Foulon discloses the electric control assembly 30 is configured to control the drive assembly 26 to bring planar food product or tortilla 102a on the suction lip124 of the drum 70 because Foulon Par.0020 discloses the electric control assembly 30 is configured to control the drive assembly 26, and Foulon Par.0047 discloses the drive assembly 26 includes the carriage motor 212, and the activation of the carriage motor 212 causes the second radial member 226 to alternatively push and pull the carriage assembly 22, thereby causing the carriage assembly 22 to reciprocate linearly along the brackets 44, 46, and Foulon Par.0050 discloses: “The arm assembly 24 is provided with a second protuberance 246, which is secured to and extends downwardly from the arm 230 proximal the extension 64 of the carriage assembly 22. The second protuberance 246 is sized, shaped, and positioned, such that, when the carriage assembly 22 reciprocates, the second protuberance 246 is respectively pushed (urged) and released by the first protuberance 83 to move the arm assembly 24 between a first position, referenced herein as a disengagement position, and a second position, referenced herein as an engagement position.”), applying a depression to the one or more of the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) through the air aspiration holes (suction holes 126, Foulon Figs.7A-7B) of the outer face (suction lip 124, Foulon Fig.6) (Foulon discloses applying depression to the tortilla 102a through suction holes 126 of the suction lip 124 because Foulon Par.0020 discloses the electric control assembly 30 for controlling the vacuum assembly 28, Foulon Par.0037 discloses: “the application of a vacuum to the second fluid conduit 142 by the vacuum assembly 28 "sucks" the bottommost tortilla 102a of the stack 102 against the forward suction holes 126 to close same, thereby permitting further communication of the vacuum to the air cylinder to induce the air cylinder to move to its second position closing the suction lip 124”, and Foulon Par.0055 discloses: “Delivery of the vacuum to the forward hollow casing 138 has "sucked" at least a forward portion of the bottommost tortillas 102a against the forward vacuum holes 126 of the suction lip 124.”), rotating the returning element (drum 70, Foulon Fig.6) so as to return the one or more of the one ore more flat food products (planar food product or tortilla 102a, Foulon Fig.6) (Foulon Par.0020 discloses the electric control assembly 30 is configured to control the drive assembly 26, and Foulon Par.0047 discloses the reciprocation of the carriage assembly 22, together with the cable assembly 50, causes the drum 70 to alternate between clockwise motion and counterclockwise motion, and Foulon Pars.0056-0059 & Figs.12B-12F discloses the drum 70 has continued its rotation), and releasing the depression so that the one or more of the one or more flat food products (planar food product or tortilla 102a, Foulon Fig.6) separate from the returning element (drum 70, Foulon Fig.6) by gravity (Foulon disclose releasing the depression so that the tortilla separate from the drum by gravity because Foulon Par.0020 discloses the electric control assembly 30 is configured to control the vacuum assembly 28, Foulon Par.0046 discloses: “The vacuum assembly 28 further includes first and second pumps 200, 202 and first and second pump conduits 204, 206 for communicating the positively pressurized air from the solenoid valve 194 to the first and second pumps 200, 202, respectively (when the solenoid valve 194 permits the passage of such pressurized air).”, and Foulon Par.0058 discloses: “ The drum 70 has rotated counterclockwise to a position about one-hundred ninety degrees apart from the position of FIG. 12A. In response to sensing the metal flange 222, the second proximity sensor 198 has sent an electric signal to the solenoid valve 194, thereby deactivating the flow of positively pressurized air to the pumps 200, 202. The venturi effect induced by the pumps 200, 202 ceases and the negative pressure is released, thereby allowing the tortilla 102a to separate from the rear and forward vacuum holes 118, 126 by virtue of a substantially downward gravitational force.”).
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.
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.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Foulon et al. (U.S. Pub. No. 2009/0092475 A1).
Regarding claim 25, Foulon discloses the apparatus set forth in claim 24, Foulon discloses the outer face is the suction lip 124 as shown in Foulon Figs.6, 7A-7B, 10, and as cited and explained in the rejection of claim 24 above. However, Foulon is not specific enough about the suction lip 124 is flat. It is noted that as shown in Foulon Figs.6, 7A-7B, 10, the suction lip 124 appears to be substantially flat, but Foulon is not specific enough about the suction lip 124 is flat. Thus, Foulon is not specific enough about:
wherein each of the at least one outer face is flat.
Regarding the claim limitation about each of the at least one outer face is flat, before the effective filing date of the claimed invention it would have been obvious mater of design choice to a person of ordinary skill in the art to have a flat suction lip instead of a substantially flat suction lip, because Applicant has not disclosed that the flat outer face provides an advantage that is used for particular purpose or solves a stated problem (see Par.0007 of the Instant Application indicating “According to a preferred embodiment, each of the at least one outer face is flat.”). One of ordinary skill in the art would have expected the Applicant’s invention to perform equally well with flat or substantially flat shape of outer face, because both shapes perform the function of holding the food product equally well (MPEP 2144.04 IV B).
Conclusion
The following prior art(s) made of record and not relied upon is/are considered pertinent to Applicant’s disclosure.
Haas et al. (U.S. Patent No. 9,854,812 B2) discloses a device for opening baking tongs, a delivery station, a loading station, a device for closing the baking tongs, and a device for locking the tongs. A product removal device contains a flatly arranged rotating support and is arranged in the delivery station. The rotating support carries removal elements embodied as suction elements along the outer periphery thereof, which it uses to remove the baked products from the open baking tongs.
Shinomiya (U.S. Patent No. 3,948,385 A) discloses an apparatus for inverting a sheet member comprising a pair of spaced conveyors cooperatively defining a conveyor passage along which a sheet member can be advanced, and a rotatable arm assembly mounted between the conveyors and including upper and lower arms defining an opening therebetween, adapted for receiving the sheet member from the upstream conveyor and conveying the sheet member to the downstream conveyor.
Gales et al. (U.S. Pub. No. 2010/0219042 A1) discloses an inverting device which takes one or more articles from a first device, inverts the article(s), and discharges the article(s) onto a second device that may be at essentially the same relative height as the first device.
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/THAO UYEN TRAN-LE/Examiner, Art Unit 3761 01/24/2026