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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 25, 2025 was received and has been entered. Claim 10 was amended. Claims 25-26 were cancelled. Claims 10-13, 16-18, and 20-24 are in the application. Group I (claims 1-9) are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Specification
The previous objection to the title of the invention not being descriptive is withdrawn based on the submission of an amended title.
The specification contains the phrase “or the like”. Clarification of this phrase is requested. See paragraphs 3, 53, 57, 60-65, 67-69, 71-73, 75-77, 87, 89-92, 96. 98-101, 118-119, 121-123, 125-129, 132, 135-137, 139-140, 144, and 153-155.
Claim Objections
The previous objection to claims 10-14 is withdrawn based on the amendment to claims 10-14.
Claim Interpretation
This application previously included one or more claim limitations that do not use the word “means,” and were being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) used 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.
However, these terms have been modified and are no longer being interpreted under 112(f).
These claim limitation(s) no longer being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, are drive system and compression device in claim 10.
Disclaimer
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.
Claim Rejections - 35 USC § 103
The previous rejection of claims 10-17 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) and US Pat. Num. 1,775,475 A1 to E.L. Savy (hereinafter Savy) and US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) is withdrawn based on the amendment to claim 10.
Claims 10-13, 16-17, and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) in view of US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) and US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) .
Regarding claim 10, Heinzen teaches a method for coating a food item (45), the method comprising: moving a compression device (188) between an extended configuration (bar is extended to the left in Fig. 1 and the food item (45) is located directly under 236) and a retracted configuration (bar is not as extended as far to the left in Fig. 1 as in Fig. 1 and conveyor (i.e.no food item) is located directly under 236). (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. )
Additionally, regarding claim 10, Heinzen teaches the compression device (188) comprises; a drive system (lever 225); and wherein a pressing surface (236) is connected to the drive system (225) (See Heinzen, Abstract, Figs. 1-5 , paragraphs 15-17. )
Additionally, regarding claim 10, Heinzen teaches the moving step further comprises: actuating the drive system to move the pressing surface to the extended configuration to compress the food item and thereby at least partially combine a coating material to the food item to form a coated food item that can be cooked. (See Heinzen, Abstract, Figs. 1-5, paragraphs 7, 15-17, 19, 21-22. ) (Heinz teaches the food item can be dough and the coating material can be fruit. Examiner is considering this combination is a coated food item that can be cooked.
Heinzen does not explicitly teach actuating the drive system to move the pressing surface to the retracted configuration.
Fehr teaches pneumatic motors are a known form of motor (2619) including pneumatic cylinders in food processing industry. (See Fehr, col. 30, lines 30-35; col. 33, lines 60-65.)
Additionally, Fehr teaches use of motors controlled by specially written software program in a microprocessor can allow synchronization of each of the devices at each of the processing stations with the necessary start-and-stop movement of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 31, lines 31-67; and col. 32, lines 5-22.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include actuating the drive system to move the pressing surface to the retracted configuration, because Fehr teaches the use of motors at each station allows for control by specially written software to allow for synchronization of the drive system of the processing station with the sequence of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 25, lines 49-57; col. 31, lines 31-67; and col. 32, lines 5-22.)
Heinzen does not explicitly teach retrieving the coated food item with an item retrieval lift to retrieve food items and move the food items to a release position.
Garden is directed to a food transportation system.
Garden teaches retrieving the coated food item (412) with an item retrieval lift (400) to retrieve food items and move the food items to a release position (shelves 108 of the rack 106). (See Garden, Abstract, Figs. 20-29, paragraphs 6-9 106, 112, 114-115, 119, 122, 124.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include retrieving the coated food item with an item retrieval lift to retrieve food items and move the food items to a release position, because Garden teaches this structure would allow the food items to be transferred between the end of the conveyor and desired food storage or transfer locations such a shelves of a rack or delivery truck. (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
Heinzen does not explicitly teach a drive system comprising at least one of a cylinder and a motor.
Fehr teaches pneumatic motors are a known form of motor (2619) including pneumatic cylinders in food processing industry. (See Fehr, col. 30, lines 30-35; col. 33, lines 60-65.)
Additionally, Fehr teaches use of motors controlled by specially written software program in a microprocessor can allow synchronization of each of the devices at each of the processing stations with the necessary start-and-stop movement of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 31, lines 31-67; and col. 32, lines 5-22.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a drive system comprising at least one of a cylinder and a motor, because Fehr teaches the use of motors at each station allows for control by specially written software to allow for synchronization of the drive system of the processing station with the sequence of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 25, lines 49-57; col. 31, lines 31-67; and col. 32, lines 5-22.)
Heinzen does not explicitly teach a pressing surface is connected to the at least one of the cylinder and the motor of the drive cylinder.
Fehr teaches motors (2619) including pneumatic cylinders are known way to control movement in a food processing plant. (See Fehr, col. 30, lines 30-35; col. 33, lines 60-65.)
Additionally, Fehr teaches use of motors controlled by specially written software program in a microprocessor can allow synchronization of each of the devices at each of the processing stations with the necessary start-and-stop movement of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 31, lines 31-67; and col. 32, lines 5-22.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a pressing surface is connected to the at least one of the cylinder and the motor of the drive cylinder, because Fehr teaches the use of motors at each station allows for control by specially written software to allow for synchronization of the drive system of the processing station with the sequence of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 25, lines 49-57; col. 31, lines 31-67; and col. 32, lines 5-22.)
Heinzen teaches the pressing surface (236) defines a cross-sectional area at least as large as the cross-sectional area of the food item. (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. ) Examiner is considering the entire surface area of 236 to define a cross-sectional area and to be larger than the cross-sectional area of a single food item.
Intended use language is located in the preamble of claim 10 (method for coating a food item). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Heinzen is capable of performing the intended use and as a result meets the claim limitation.
Claim 10 recites an intended use clause (i. e. compression device assists with combining the coating materials to the food item). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 11, Heinzen teaches actuating the drive system to move the pressing surface to the extended configuration further comprises compressing the food item (45) towards a coating material reservoir (180). (See Heinzen, Abstract, Figs. 1-5 , paragraphs 15-17. )
Regarding claim 12, Heinzen teaches wherein the method further comprises moving the pressing surface to the extended configuration (above top surface of food product 45) in an upward direction to receive at least one food item (45). (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. )
Regarding claim 13, Heinzen teaches does not explicitly teach the method further comprises moving the pressing surface to the retracted configuration in a downward direction to receive additional coating material.
Heinzen teaches the vertical distance between the roller 233 and the upper surface of the second conveyor belt (63) can be readily adjusted by securing a lock collar (196) to shaft (194) at a select location. (See Heinzen, Abstract, Figs. 1-5 , paragraph 19. )
It would have been obvious to a person of ordinary skill in the art to include the method further comprises moving the pressing surface to a retracted configuration to receive additional coating material, because this would allow the degree with to which the food product is forced is forced to be immersed in the food product. (See Heinzen, Abstract, Figs. 1-5 , paragraph 19. )
Regarding claim 16, Heinzen does not explicitly teach the step of retrieving at least one food item comprises configuring the item retrieval lift to move along a horizontal plane and a vertical plane.
Garden teaches the step of retrieving at least one food items comprises configuring an item retrieval lift (400) to move along a horizontal plane (left to right in Fig. 20) and a vertical plane (vertical direction in Fig. 20.) (See Garden, Abstract, Figs. 20-29, paragraphs 6-9 106, 112, 114-115, 119, 122, 124.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the step of retrieving at least one food items comprises configuring an item retrieval lift to move along a horizontal plane and a vertical plane, because Garden teaches this structure would allow the food items to be transferred between the end of the conveyor and desired food storage or transfer locations such a shelves of a rack or delivery truck. (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
Regarding claim 17, Heinzen does not explicitly teach the method further comprises moving the item retrieval lift to engage with the food item and moving the food item to the release position.
Garden teaches the method further comprises moving the item retrieval lift (400) to engage with the food item (412) and moving the food item to a release position (position of 402 in Fig. 20). (See Garden, Abstract, Figs. 20-29, paragraphs 6-9 106, 112, 114-115, 119, 122, 124.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises moving the item retrieval lift to engage with the food item and moving the food item to a release position, because Garden teaches this structure would allow the food items to be transferred between the end of the conveyor and desired food storage or transfer locations such as shelves or a rack or delivery truck. (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
Regarding claim 21, Heinzen teaches further comprising wetting the food item (45) before moving the compression device to the extended configuration. (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. ) Examiner is considering putting the food item on the conveyor upstream of the compression device to be equivalent to wetting the food item before moving the compression device to the extended configuration.
Regarding claim 24, Heinzen does not explicitly teach comprising cooking the coated food item.
Heinzen teaches the food product sheeted and conveyed may be dough or cookies. (See Heinzen, Abstract, paragraph 27.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to comprising cooking the coated food item, because an ordinary artisan would understand cooking would understand cooking the dough as a necessary step before eating. (See Heinzen, Abstract, paragraph 27.)
The previous rejection of claims 18-19 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) in view of US Pat. Num. 1,775,475 A1 to E.L. Savy (hereinafter Savy) and US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) as applied to claim 17 and further in view of US Pat. Pub. No. 201700290345 A1 to Garden and Goldberg et al (hereinafter Goldberg) is withdrawn based on the amendment to claim 10.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) and US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) and US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) as applied to claim 17 and further in view of US Pat. Pub. No. 201700290345 A1 to Garden and Goldberg et al (hereinafter Goldberg).
Regarding claim 18, Heinzen teaches the method further comprises moving the the movement of the food item (45) from a liquid (180). (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. )
Heinzen does not explicitly teach the method further comprises moving the retrieval arm to assist with the movement of the food item from a liquid to a coating material.
Goldberg is directed to a food transportation system.
Goldberg teaches the method further comprises moving the retrieval arm to assist with the movement of the food item from a liquid to a coating material (topping cheese). (See Goldberg, Abstract, Figs. 1-15, paragraphs 130, 133-4.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises moving the retrieval arm to assist with the movement of the food item from a liquid to a coating material, because Goldberg teaches this structure would allow the food items to be transferred between the end of the conveyor and desired location(s) to preserve freshness or for further processing. (See Goldberg, Abstract, Figs. 1-15, paragraphs 130, 133-4.)
Regarding claim 19, Heinzen does not explicitly teach the method further comprises moving the item retrieval lift to assist with the movement of the food item from the coating material to an exit position. (position of 402 in Fig. 20).
Garden teaches the method further comprises moving the item retrieval lift to assist with the movement of the food item from the coating material to an exit position (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises moving the item retrieval lift to assist with the movement of the food item from the coating material to an exit position, because Garden teaches this structure would allow the food items to be transferred between the end of the conveyor and desired food storage or transfer locations such as shelves of a rack or delivery truck. (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
Regarding claim 20, Heinzen does not explicitly teach the method further comprises opening a door and retrieving the coated food item.
Golberg teaches the method further comprises opening a door and retrieving the coated food items. (See Goldberg, Abstract, Figs. 1-15, paragraphs 107, 127, 130, 185, 191, 196 .)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises opening a door and retrieving the coated food items, because Goldberg teaches this structure would allow the food items to be transferred between the end of the conveyor and an oven for loading and retrieving the food product at different times in the processing. (See Goldberg, Abstract, Figs. 1-15, paragraphs 107, 127, 130, 185, 191, 196.)
The previous rejection of claims 22-23 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) in view of US Pat. Num. 1,775,475 A1 to E.L. Savy (hereinafter Savy) and US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) and US Pat. Pub. No. 201700290345 A1 to Garden and Goldberg and Collins et al (hereinafter Collins) as applied to claim 10 and further in view of US Pat. Pub. No. 20070172542 A1 to David L. Krogsgaard (hereinafter Krogsgaard) is withdrawn based on the amendment to claim 10.
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) in view of US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) and US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) as applied to claim 10 and further in view of US Pat. Pub. No. 20070172542 A1 to David L. Krogsgaard (hereinafter Krogsgaard).
Regarding claim 22, Heinzen does not explicitly teach further comprising at least partially coating the wetted food item before moving the compression device to the extended configuration.
Krogsgaard is directed to the manufacturing of a nutrition bar.
Krogsgaard teaches the liquid content is important and ranges from 15% to 22% by weight and in a high protein embodiment, the water content of the liquid is controlled to make up 7 to 15% weight of the dough and in some cases the liquids may be cooled to a temperature between 50 to 55 F prior to mixing adding to the food item. (See Krogsgaard, Abstract, paragraphs 26-36 and 41-42.) Examiner is considering wetting the food item before the compression to the extended configuration to be equivalent to adding additional liquid to maintained the composition and temperature of the food item in the desired range.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include further comprising at least partially coating the wetted food item before moving the compression device to the extended configuration, because Krogsgaard teaches providing liquid can be useful to provide the food item with the desired composition and temperature. (See Krogsgaard, Abstract, paragraphs 26-36 and 41-42.)
Regarding claim 23, Heinzen does not explicitly teach further comprising refrigerating an enclosure containing the compression device.
Krogsgaard teaches first cooling tunnel 124 and cold air convection cooling unit 125. (See Krogsgaard, Abstract, paragraphs 35, 39-41.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include comprising refrigerating an enclosure containing the compression device, because Krogsgaard teaches providing refrigeration can be useful to provide the food item at the desired temperature . (See Krogsgaard, Abstract, paragraphs 26-36 and 41-42.)
The previous rejection of claims 25-26 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20180049452 A1 to Heinzen et al (hereinafter Heinzen) in view of US Pat. Num. 1,775,475 A1 to E.L. Savy (hereinafter Savy) and US Pat. Pub. No. 20200024081 A1 to Garden et al (hereinafter Garden) as applied to claim 10 in view of US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) is withdrawn based on the cancellation of claims 25-26.
The previous rejection of claims 10-13, 16-17, and 21-24 under 35 U.S.C. 103 as being unpatentable over US Pat. Num. 9,254,000 A1 to Frank C. Raimondi (hereinafter Raimondi) in view of US Pat. Num. 20210016451 to Maeda (hereinafter Maeda). US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) is withdrawn based on the cancellation of claims 25-26.
Claims 10-13, 16-17, and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Num. 9,254,000 A1 to Frank C. Raimondi (hereinafter Raimondi) in view of US Pat. Num. 20210016451 to Maeda (hereinafter Maeda) and US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) .
Regarding claim 10, Raimondi teaches a method for coating a food item (food item i.e. apple), the method comprising: moving a compression device (robotic arm) between an extended configuration (arm is extended to dip the food item in the coating hopper 118) and a retracted configuration (food item is lift out of the hopper or oscillated up). (See Raimondi, Abstract, Figs. 1-3 , col. 1, lines 25-40; col. 4, lines 47-57; col. 5, lines 1-10. )
Additionally, regarding claim 10, Raimondi teaches the compression device (robotic) comprises a pressing surface (portion of robotic arm which grasps the food item). (See Raimondi, Abstract, Figs. 1-3 , col. 1, lines 25-40; col. 4, lines 47-57; col. 5, lines 1-10. )
However, additionally, regarding claim 10, Raimondi does not explicitly teach the compression device comprises; a drive system; and wherein a pressing surface is connected to the drive system.
Maeda is directed to a robot for handling food.
Maeda teaches the compression device (robotic) comprises; a drive system (12c, motor, link mechanism) ; and wherein a pressing surface ( gripping member 12b) is connected to the drive system (12c) (See Maeda Abstract, Figs. 1-5 , paragraph 24. )
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the compression device comprising; a drive system; and wherein a pressing surface is connected to the drive system, because Maeda teaches would enable the gripping member to be movably provided on the main body portion. (See Maeda Abstract, Figs. 1-5 , paragraphs 21-25. )
Additionally, regarding claim 10, Raimondi teaches the moving step further comprises: move the pressing surface to the extended configuration to compress the food item and thereby at least partially combine a coating material to the food item to form a coated food item that can be cooked. (See Raimondi, Abstract, Figs. 1-3 , col. 1, lines 25-40; col. 4, lines 47-57; col. 5, lines 1-10. )
Raimondi teaches the food item and the coating material can be treated with heat. Examiner is considering this combination is a coated food item and heat to be equivalent to cooking. (See Raimondi, col. 7, lines 26-34. )
Raimondi does not explicitly teach the moving step further comprises: actuating the drive system to move the pressing surface
Maeda teaches the moving step further comprises: actuating the drive system to move the pressing surface. (See Maeda Abstract, Figs. 1-5 , paragraph 24. )
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the compression device comprising; a drive system; and wherein a pressing surface is connected to the drive system, because Maeda teaches would enable the gripping member to be moved in the desired position and timing under control. (See Maeda Abstract, Figs. 1-5 , paragraphs 21-25. )
Raimondi teaches retrieving the coated food item with an item retrieval lift (configuration of the robotic arm and motion of the robotic arm to pick up the food item from a position beneath the arm) to retrieve food items (motion of the robotic arm to pick up the food item from a position beneath the arm) and move the food items to a release position (off loading to a conveyor 108). (See Raimondi, Abstract, Figs. 1-3 , col. 7, lines 45-50; col. 8, lines 10-18. )
Raimondi does not explicitly teach actuating the drive system to move the pressing surface to the retracted configuration.
Fehr teaches pneumatic motors are a known form of motor (2619) including pneumatic cylinders in food processing industry. (See Fehr, col. 30, lines 30-35; col. 33, lines 60-65.)
Additionally, Fehr teaches use of motors controlled by specially written software program in a microprocessor can allow synchronization of each of the devices at each of the processing stations with the necessary start-and-stop movement of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 31, lines 31-67; and col. 32, lines 5-22.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include actuating the drive system to move the pressing surface to the retracted configuration, because Fehr teaches the use of motors at each station allows for control by specially written software to allow for synchronization of the drive system of the processing station with the sequence of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 25, lines 49-57; col. 31, lines 31-67; and col. 32, lines 5-22.)
Raimondi does not explicitly teach a drive system comprising at least one of a cylinder and a motor.
Fehr teaches pneumatic motors are a known form of motor (2619) including pneumatic cylinders in food processing industry. (See Fehr, col. 30, lines 30-35; col. 33, lines 60-65.)
Additionally, Fehr teaches use of motors controlled by specially written software program in a microprocessor can allow synchronization of each of the devices at each of the processing stations with the necessary start-and-stop movement of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 31, lines 31-67; and col. 32, lines 5-22.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a drive system comprising at least one of a cylinder and a motor, because Fehr teaches the use of motors at each station allows for control by specially written software to allow for synchronization of the drive system of the processing station with the sequence of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 25, lines 49-57; col. 31, lines 31-67; and col. 32, lines 5-22.)
Raimondi does not explicitly teach a pressing surface is connected to the at least one of the cylinder and the motor of the drive cylinder.
Fehr teaches motors (2619) including pneumatic cylinders are known way to control movement in a food processing plant. (See Fehr, col. 30, lines 30-35; col. 33, lines 60-65.)
Additionally, Fehr teaches use of motors controlled by specially written software program in a microprocessor can allow synchronization of each of the devices at each of the processing stations with the necessary start-and-stop movement of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 31, lines 31-67; and col. 32, lines 5-22.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a pressing surface is connected to the at least one of the cylinder and the motor of the drive cylinder, because Fehr teaches the use of motors at each station allows for control by specially written software to allow for synchronization of the drive system of the processing station with the sequence of the conveyor. (See Fehr, Abstract, Fig. 18, col. 24, lines 59-64; col. 25, lines 49-57; col. 31, lines 31-67; and col. 32, lines 5-22.)
Raimondi does not explicitly teach the pressing surface defines a cross-sectional area at least as large as the cross-sectional area of the food item.
Heinzen teaches the pressing surface (236) defines a cross-sectional area at least as large as the cross-sectional area of the food item. (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. ) Examiner is considering the entire surface area of 236 to define a cross-sectional area and to be larger than the cross-sectional area of a single food item.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the pressing surface defines a cross-sectional area at least as large as the cross-sectional area of the food item, because Heinzen teaches the use of the pressing surface defines a cross-sectional area at least as large as the cross-sectional area of the food item would enable more than one food item to be pressed at a time. (See Heinzen, Abstract, Figs. 1-5 , paragraphs 7, 15-17, 19, 21-22. )
Intended use language is located in the preamble of claim 10 (method for coating a food item). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Heinzen is capable of performing the intended use and as a result meets the claim limitation.
Claim 10 recites an intended use clause (i. e. compression device assists with combining the coating materials to the food item). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 11, Raimondi teaches actuating the drive system to move the pressing surface to the extended configuration further comprises compressing the food item (food item) towards a coating material reservoir (118). (See Raimondi, Abstract, Figs. 1-3 , col. 7, lines 45-50; col. 8, lines 10-18. )
Regarding claim 12, Raimoni teaches wherein the method further comprises moving the pressing surface to the extended configuration in an upward direction (oscillating up and down) to receive at least one food item (45). (See Raimondi, Abstract, Figs. 1-3 , col. 7, lines 45-50; col. 8, lines 10-18. )
Regarding claim 13, Raimondi teaches does not explicitly teach the method further comprises moving the pressing surface to the retracted configuration in a downward direction (oscillating downward) to receive additional coating material. (See Raimondi, Abstract, Figs. 1-3 , col. 7, lines 45-50; col. 8, lines 10-18. )
Regarding claim 16, Raimondi teaches the step of retrieving at least one food item comprises configuring the item retrieval lift to move along a horizontal plane (106) and a vertical plane (configuration of the robotic arm when it picks up the food item and raises it to a higher position). (See Raimondi, Abstract, Figs. 1-3 , col. 1, lines 40-64, col. 2, lines 55-65; col. 7, lines 45-50; col. 8, lines 10-18. ) Examiner is considering moving the
Regarding claim 17, Raimondi teach the method further comprises moving the item retrieval lift (configuration of the robotic arm and motion of the robotic arm to pick up the food item from a position beneath the arm) to engage with the food item and moving the food item to the release position (108). (See Raimondi, Abstract, Figs. 1-3 , col. 1, lines 40-64, col. 2, lines 55-65; col. 7, lines 45-50; col. 8, lines 10-18. )
Regarding claim 21, Raimondi teaches further comprising wetting the food item (45) before moving the compression device to the extended configuration. (See Raimondi, Abstract, Figs. 1-3, col. 1, lines 40-64; . ) Examiner is considering initial steps of coating to be equivalent to wetting the food item before moving the compression device to the extended configuration.
Regarding claim 22, Raimondi teaches further comprising at least partially coating the wetted food item (45) before moving the compression device to the extended configuration (oscillating down). (See Raimondi, Abstract, Figs. 1-3, col. 1, lines 40-64, col. 2, lines 55-65.) Examiner is considering multiple steps of coating to be equivalent to partially coating the wetted food item before moving the compression device to the extended configuration.
Regarding claim 23, Raimondi further comprising refrigerating an enclosure (114 flow passage with cool air) containing the compression device. (See Raimondi, col. 3, lines 25-30; col. 7, lines 26-34.)
Regarding claim 24, Raimondi teach comprising cooking the coated food item. Raimondi teaches the food item and the coating material can be treated with heat. Examiner is considering this combination is a coated food item and heat to be equivalent to cooking. Additionally, Raimondi teaches the food item may be batter. (See Raimondi, col. 3, lines 25-30; col. 7, lines 26-34. )
The previous rejection of claims 18-20 under 35 U.S.C. 103 as being unpatentable over US Pat. Num. 9,254,000 A1 to Frank C. Raimondi (hereinafter Raimondi) in view of US Pat. Num. 20210016451 to Maeda (hereinafter Maeda) as applied to claim 17 and further in view of US Pat. Pub. No. 201700290345 A1 to Garden and Goldberg et al (hereinafter Goldberg) is withdrawn based on the amendment to claim 10.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Num. 9,254,000 A1 to Frank C. Raimondi (hereinafter Raimondi) in view of US Pat. Num. 20210016451 to Maeda (hereinafter Maeda) and US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) as applied to claim 17 and further in view of US Pat. Pub. No. 201700290345 A1 to Garden and Goldberg et al (hereinafter Goldberg).
Regarding claim 18, Raimondi does not explicitly teach the method further comprises moving the retrieval arm to assist with the movement of the food item from a liquid to a coating material.
Goldberg is directed to a food transportation system.
Goldberg teaches the method further comprises moving the retrieval arm to assist with the movement of the food item from a liquid to a coating material (topping cheese). (See Goldberg, Abstract, Figs. 1-15, paragraphs 130, 133-4.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises moving the retrieval arm to assist with the movement of the food item from a liquid to a coating material, because Goldberg teaches this structure would allow the food items to be transferred between the end of the conveyor and desired location(s) to preserve freshness or for further processing. (See Goldberg, Abstract, Figs. 1-15, paragraphs 130, 133-4.)
Regarding claim 19, Raimondi does not explicitly teach the method further comprises moving the item retrieval lift to assist with the movement of the food item from the coating material to an exit position. (position of 402 in Fig. 20).
Garden teaches the method further comprises moving the item retrieval lift to assist with the movement of the food item from the coating material to an exit position (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises moving the item retrieval lift to assist with the movement of the food item from the coating material to an exit position, because Garden teaches this structure would allow the food items to be transferred between the end of the conveyor and desired food storage or transfer locations such as shelves of a rack or delivery truck. (See Garden, Abstract, Figs. 20-29, paragraphs 112, 114 .)
Regarding claim 20, Raimondi does not explicitly teach the method further comprises opening a door and retrieving the coated food item.
Golberg teaches the method further comprises opening a door and retrieving the coated food items. (See Goldberg, Abstract, Figs. 1-15, paragraphs 107, 127, 130, 185, 191, 196 .)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method further comprises opening a door and retrieving the coated food items, because Goldberg teaches this structure would allow the food items to be transferred between the end of the conveyor and an oven for loading and retrieving the food product at different times in the processing. (See Goldberg, Abstract, Figs. 1-15, paragraphs 107, 127, 130, 185, 191, 196.)
The previous rejection of claims 25-26 under 35 U.S.C. 103 as being unpatentable over US Pat. Num. 9,254,000 A1 to Frank C. Raimondi (hereinafter Raimondi) in view of US Pat. Num. 20210016451 to Maeda (hereinafter Maeda) as applied to claim 10 in view of US Pat. Num. 5,012,726 to Fehr et al (hereinafter Fehr) is withdrawn based on the cancellation of claims 25-26.
Response to Arguments
Applicant’s arguments with respect to claims 10-13 and 16-26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
US Pat. Num. 5,012,726 to Fehr et al has been added to address the rejection of independent claim 10 in a first set of rejections.
US Pat. Num. 5,012,726 to Fehr et al are now being used to address the rejection of independent claim 10 in a second set of rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patent sets forth the state of the art with respect to a coating apparatus with flow channel: King et al (GB2459088).
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/KARL KURPLE/
Primary Examiner
Art Unit 1717