DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-11 are pending:
Information Disclosure Statement
No information disclosure statement(s) (IDS) was submitted.
Specification - Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Implied language.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Comparison to prior art
Asserts purported merits
Drawings
The drawings are objected to because:
Unsatisfactory reproduction characteristics due to insufficiently dense, dark, and well-defined lines that are not heavy enough to permit adequate reproduction. See MPEP 1.84(l).
Fig1-6C
Fig1
Improper application of lead lines / underlining of reference characters. See MPEP 1.84 (q) and/or (p)(3)
Remove underlining of reference character 100, change to arrowed lead line
Add underlining to reference character 110, 120
Fig6
Para39 defines both the first differential roller and the second differential roller as reference character 170. Different components cannot share reference characters. See MPEP 1.84 (p)(4)
The office notes that the potential amendment of using reference character 170 to refer to the system of differential rollers, reference character 170A for the first differential roller, and reference character 170B for the second differential roller, would be one possible amendment selection to overcome the instant objection.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1-2, 7, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over the ANKO BR-1500 as evidenced by NPL_YT_Anko (see filewrapper), in view of Shin (KR 10-2021293)
Claim 1
NPL_YT_Anko discloses:
“A sandwich-stuffing food forming apparatus (View0, overall machine shown in bottom left corner), comprising:
a first operating area (View0-6, upstream portion corresponding to the wrap/feeder/folder process region), comprising:
a wrapper receiving area (View1/2, region where the wrap was placed), receiving a wrapper (View1/2, wrap as placed);
a first conveyor belt (best seen View1-5, three-belt conveyor belt arrangement), transporting the wrapper in a first direction (conveyor belt transports wrap);
a stuffing feeder (View0/1, large funnel to hold filler above feeder; View2, feeder best seen on left of view above left wrap which has already applied filling to middle wrap), employed to extrude a stuffing onto the wrapper when the first conveyor belt transports the wrapper to the stuffing feeder (best seen by process between View1-3);
a folder (View4-6, folder flips wrap back over itself), employed to fold the wrapper toward the stuffing along a direction perpendicular to the first direction to form a semi-finished product (best seen by process between View4-6), when the first conveyor belt transports the wrapper to the folder and the wrapper of the semi-finished product is C-shaped to wrap the stuffing in the middle of the wrapper (best seen View6, wrap has been folded into a “C” shape to cover the filling and is transported by the conveyor belt); and
a second operating area (View0/7-12, downstream portion corresponding to the wrapping process region), comprising:
…
wherein the first conveyor belt transports the semi-finished product from the first operating area (View0-6, first three belt conveyor transports the wrap from the wrap receiving area past the end of the folder process region) to the second operating area (View7-12, second single belt conveyor carries the folded/filled wrap in the second operating area).”
NPL_YT_Anko further discloses, View7-12, that the wrap is vertically compressed to ensure alignment twice, first in View8 and second in View11.
NPL_YT_Anko is silent to the application of at least one differential roller to contact the wrap as instantly claimed.
Shin teaches (Fig1/2/9/10) that it is known in the art to use first and second rollers 160/190 on a second conveyor belt to press/compress the conveyed food product in two stages along the top surface of the food product wrap.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of NPL_YT_Anko to use a two stage roller as taught by Shin, as Shin teaches that it is known in the art to use first and second rollers on a separate conveyor belt to press/compress the conveyed food product in two stages along the top surface of the food product wrap, and that such a modification would be merely a simple substitution of one known in the art food product compression selection for another, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of NPL_YT_Anko with a working and known in the art alternative food product compression selection as taught by Shin.
Claim 2
The combination of NPL_YT_Anko and Shin discloses: “The sandwich-stuffing food forming apparatus according to claim 1, wherein the second operating area further comprises a second conveyor belt, employed to transport the semi-finished product (NPL_YT_Anko: View7-12, second single belt conveyor carries the folded/filled wrap in the second operating area; Shin: best seen Fig1/2/9/10, conveyor 130).”
Claim 7
The combination of NPL_YT_Anko and Shin discloses: “The sandwich-stuffing food forming apparatus according to claim 2, wherein the first conveyor belt operates intermittently (NPL_YT_Anko: first three-band conveyor belt stops at each station/aligner for the system to perform the corresponding process for that section of the system), and the second conveyor belt operates continuously (Shin: SpecQuote71; best seen Fig2/9/10, there is a continuous supply between belt 110 to belt 120 and between belt 120 to belt 130, and belt 130 move continuously in order to apply the airflows 140/170 and rollers 160/190).”
Shin SpecQuote71: “The dumplings 10 supplied by the supply unit 110 are continuously supplied by the second supply unit 120 sequentially, and … As such, when the dumpling cow 20 is supplied to the dumpling skin 10 and spread flat, the whole shrimp 30 is correctly supplied and placed on the flat dumpling cow 20, and is continuously transferred to the third supply unit 130.”
Claim 10
The combination of NPL_YT_Anko and Shin discloses: “The sandwich-stuffing food forming apparatus according to claim 2, wherein the second operating area further comprises an aligner (NPL_YT_Anko: View7-12 black horizontal aligner; Shin: presser 150/180), located before the at least one differential roller (limitation is within the scope of the combination discussed above. black horizontal aligner of Anko performs the aligning function before the first compression of the food product and therefore before the first roller of Shin; Shin: Fig9/10, presser 150 upstream of first roller 160), and a closest distance between the aligner and the second conveyor belt is smaller than a thickness of the semi-finished product in a second direction perpendicular to the first direction (NPL_YT_Anko: View7-12 black horizontal aligner is vertically closer to the conveyor belt than the vertical thickness of the food product; Shin: Fig11-14, pressers 150/180 vertically closer to the belt 130 than the full height of food product as the presser laterally aligns the air raised wrap portion on to the core of the food product).”
Claim 11
The combination of NPL_YT_Anko and Shin discloses: “The sandwich-stuffing food forming apparatus according to claim 10, wherein the aligner periodically moves up and down in the second direction perpendicular to the first direction (NPL_YT_Anko: View7-12 black horizontal aligner moves in a vertical direction), and the aligner stays at the closest distance for a specified time (NPL_YT_Anko: View7-12 black horizontal aligner stays close to the belt for a specified time).”
Claim(s) 3-6, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL_YT_Anko (see filewrapper), in view of Shin (KR 10-2021293), and in further view of Shin (KR 10-2021293).
Claim 3
The combination of NPL_YT_Anko and Shin discloses the arrangement of claim 2.
The combination of NPL_YT_Anko and Shin does not explicitly disclose the relative speeds of components of the system as instantly claimed.
Shin teaches (SpecQuote81) that it is known to sense and control the speeds of each individual conveyor belt and the speeds of additional food product interacting components, in order to result in optimizing the exact positioning of the produced food product.
Shin SpecQuote81: “By controlling the feed speed of the first to third feed portion, and the feed speed of the second feed portion and the transfer position of the dumpling skin and dumplings to be conveyed by the second supply portion to control the feed speed and feed direction of the shrimp , The dumplings homemade dumplings manufacturing apparatus further comprises a control unit to be placed on the dumplings are supplied and placed on the exact position of the dumplings.”
The office notes that applicant’s motivation (Para29) to selecting their particular relative belt speeds is in order to result in continuous production due to an intermittently run first belt and a continuously run second belt.
According to MPEP 2144.05.II.B, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention
to perform routine optimization to select rotational speeds for the components of the combination of NPL_YT_Anko and Shin including each of the conveyor belts, each of the rollers, as one of ordinary skill in the art would have to make such speed selections in order to practice the disclosure of the combination of NPL_YT_Anko and Shin, and Shin teaches that the speed of each of the conveyor belts and the additional food product interacting components is a result effective variable, where controlling the speeds of the components results in control and optimization of the positioning and flow rate of the produced food product through the system, and
the resulting modifications to the combination of NPL_YT_Anko and Shin by the result effective variable optimization has the reasonable expectation of successfully providing the combination of NPL_YT_Anko and Shin with the same component speeds as patentably claimed in the instant claim, as the result effective variable optimization is using the same variable and motivation as applicant, and therefore the result of the optimization would be patentably the same.
Claim 4
The combination of NPL_YT_Anko and Shin discloses the arrangement of claim 2.
The combination of NPL_YT_Anko and Shin does not explicitly disclose the relative speeds of components of the system as instantly claimed.
Shin teaches (SpecQuote81) that it is known to sense and control the speeds of each individual conveyor belt and the speeds of additional food product interacting components, in order to result in optimizing the exact positioning of the produced food product.
Shin SpecQuote81: “By controlling the feed speed of the first to third feed portion, and the feed speed of the second feed portion and the transfer position of the dumpling skin and dumplings to be conveyed by the second supply portion to control the feed speed and feed direction of the shrimp , The dumplings homemade dumplings manufacturing apparatus further comprises a control unit to be placed on the dumplings are supplied and placed on the exact position of the dumplings.”
The office notes that applicant’s motivation (Para29) to selecting their particular relative belt speeds is in order to result in continuous production due to an intermittently run first belt and a continuously run second belt.
According to MPEP 2144.05.II.B, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention
to perform routine optimization to select rotational speeds for the components of the combination of NPL_YT_Anko and Shin including each of the conveyor belts, each of the rollers, as one of ordinary skill in the art would have to make such speed selections in order to practice the disclosure of the combination of NPL_YT_Anko and Shin, and Shin teaches that the speed of each of the conveyor belts and the additional food product interacting components is a result effective variable, where controlling the speeds of the components results in control and optimization of the positioning and flow rate of the produced food product through the system, and
the resulting modifications to the combination of NPL_YT_Anko and Shin by the result effective variable optimization has the reasonable expectation of successfully providing the combination of NPL_YT_Anko and Shin with the same component speeds as patentably claimed in the instant claim, as the result effective variable optimization is using the same variable and motivation as applicant, and therefore the result of the optimization would be patentably the same.
Claim 5
The combination of NPL_YT_Anko and Shin discloses the arrangement of claim 2.
The combination of NPL_YT_Anko and Shin does not explicitly disclose the relative speeds of components of the system as instantly claimed.
Shin teaches (SpecQuote81) that it is known to sense and control the speeds of each individual conveyor belt and the speeds of additional food product interacting components, in order to result in optimizing the exact positioning of the produced food product.
Shin SpecQuote81: “By controlling the feed speed of the first to third feed portion, and the feed speed of the second feed portion and the transfer position of the dumpling skin and dumplings to be conveyed by the second supply portion to control the feed speed and feed direction of the shrimp , The dumplings homemade dumplings manufacturing apparatus further comprises a control unit to be placed on the dumplings are supplied and placed on the exact position of the dumplings.”
The office notes that applicant’s motivation (Para29) to selecting their particular relative belt speeds is in order to result in continuous production due to an intermittently run first belt and a continuously run second belt.
According to MPEP 2144.05.II.B, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention
to perform routine optimization to select rotational speeds for the components of the combination of NPL_YT_Anko and Shin including each of the conveyor belts, each of the rollers, as one of ordinary skill in the art would have to make such speed selections in order to practice the disclosure of the combination of NPL_YT_Anko and Shin, and Shin teaches that the speed of each of the conveyor belts and the additional food product interacting components is a result effective variable, where controlling the speeds of the components results in control and optimization of the positioning and flow rate of the produced food product through the system, and
the resulting modifications to the combination of NPL_YT_Anko and Shin by the result effective variable optimization has the reasonable expectation of successfully providing the combination of NPL_YT_Anko and Shin with the same component speeds as patentably claimed in the instant claim, as the result effective variable optimization is using the same variable and motivation as applicant, and therefore the result of the optimization would be patentably the same.
Claim 6
The combination of NPL_YT_Anko and Shin discloses the arrangement of claim 2.
The combination of NPL_YT_Anko and Shin does not explicitly disclose the relative speeds of components of the system as instantly claimed.
Shin teaches (SpecQuote81) that it is known to sense and control the speeds of each individual conveyor belt and the speeds of additional food product interacting components, in order to result in optimizing the exact positioning of the produced food product.
Shin SpecQuote81: “By controlling the feed speed of the first to third feed portion, and the feed speed of the second feed portion and the transfer position of the dumpling skin and dumplings to be conveyed by the second supply portion to control the feed speed and feed direction of the shrimp , The dumplings homemade dumplings manufacturing apparatus further comprises a control unit to be placed on the dumplings are supplied and placed on the exact position of the dumplings.”
The office notes that applicant’s motivation (Para29) to selecting their particular relative belt speeds is in order to result in continuous production due to an intermittently run first belt and a continuously run second belt.
According to MPEP 2144.05.II.B, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention
to perform routine optimization to select rotational speeds for the components of the combination of NPL_YT_Anko and Shin including each of the conveyor belts, each of the rollers, as one of ordinary skill in the art would have to make such speed selections in order to practice the disclosure of the combination of NPL_YT_Anko and Shin, and Shin teaches that the speed of each of the conveyor belts and the additional food product interacting components is a result effective variable, where controlling the speeds of the components results in control and optimization of the positioning and flow rate of the produced food product through the system, and
the resulting modifications to the combination of NPL_YT_Anko and Shin by the result effective variable optimization has the reasonable expectation of successfully providing the combination of NPL_YT_Anko and Shin with the same component speeds as patentably claimed in the instant claim, as the result effective variable optimization is using the same variable and motivation as applicant, and therefore the result of the optimization would be patentably the same.
Claim 8
The combination of NPL_YT_Anko and Shin discloses the arrangement of claim 2.
The combination of NPL_YT_Anko and Shin does not explicitly disclose the relative speeds of components of the system as instantly claimed.
Shin teaches (SpecQuote81) that it is known to sense and control the speeds of each individual conveyor belt and the speeds of additional food product interacting components, in order to result in optimizing the exact positioning of the produced food product.
Shin SpecQuote81: “By controlling the feed speed of the first to third feed portion, and the feed speed of the second feed portion and the transfer position of the dumpling skin and dumplings to be conveyed by the second supply portion to control the feed speed and feed direction of the shrimp , The dumplings homemade dumplings manufacturing apparatus further comprises a control unit to be placed on the dumplings are supplied and placed on the exact position of the dumplings.”
The office notes that applicant’s motivation (Para29) to selecting their particular relative belt speeds is in order to result in continuous production due to an intermittently run first belt and a continuously run second belt.
According to MPEP 2144.05.II.B, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention
to perform routine optimization to select rotational speeds for the components of the combination of NPL_YT_Anko and Shin including each of the conveyor belts, each of the rollers, as one of ordinary skill in the art would have to make such speed selections in order to practice the disclosure of the combination of NPL_YT_Anko and Shin, and Shin teaches that the speed of each of the conveyor belts and the additional food product interacting components is a result effective variable, where controlling the speeds of the components results in control and optimization of the positioning and flow rate of the produced food product through the system, and
the resulting modifications to the combination of NPL_YT_Anko and Shin by the result effective variable optimization has the reasonable expectation of successfully providing the combination of NPL_YT_Anko and Shin with the same component speeds as patentably claimed in the instant claim, as the result effective variable optimization is using the same variable and motivation as applicant, and therefore the result of the optimization would be patentably the same.
Claim 9
The combination of NPL_YT_Anko and Shin discloses the arrangement of claim 2.
The combination of NPL_YT_Anko and Shin does not explicitly disclose the relative speeds of components of the system as instantly claimed.
Shin teaches (SpecQuote81) that it is known to sense and control the speeds of each individual conveyor belt and the speeds of additional food product interacting components, in order to result in optimizing the exact positioning of the produced food product.
Shin SpecQuote81: “By controlling the feed speed of the first to third feed portion, and the feed speed of the second feed portion and the transfer position of the dumpling skin and dumplings to be conveyed by the second supply portion to control the feed speed and feed direction of the shrimp , The dumplings homemade dumplings manufacturing apparatus further comprises a control unit to be placed on the dumplings are supplied and placed on the exact position of the dumplings.”
The office notes that applicant’s motivation (Para29) to selecting their particular relative belt speeds is in order to result in continuous production due to an intermittently run first belt and a continuously run second belt.
According to MPEP 2144.05.II.B, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention
to perform routine optimization to select rotational speeds for the components of the combination of NPL_YT_Anko and Shin including each of the conveyor belts, each of the rollers, as one of ordinary skill in the art would have to make such speed selections in order to practice the disclosure of the combination of NPL_YT_Anko and Shin, and Shin teaches that the speed of each of the conveyor belts and the additional food product interacting components is a result effective variable, where controlling the speeds of the components results in control and optimization of the positioning and flow rate of the produced food product through the system, and
the resulting modifications to the combination of NPL_YT_Anko and Shin by the result effective variable optimization has the reasonable expectation of successfully providing the combination of NPL_YT_Anko and Shin with the same component speeds as patentably claimed in the instant claim, as the result effective variable optimization is using the same variable and motivation as applicant, and therefore the result of the optimization would be patentably the same.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2016/0007799 from Steeb: Para44, quesadillas and burritos are recognized in the art as alternatives
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN HUNTER JR whose telephone number is (571)272-5093. The examiner can normally be reached M-F, 9-18.
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/JOHN S HUNTER, JR/Examiner, Art Unit 3761
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