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
Claim Rejections - 35 USC § 102
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.
Claim 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 3353430, Brackman.
Regarding Claim 15, Brackman discloses an apparatus for producing tubular products (cut portions of cigarette rods R) from a tubular body (cigarette rods R), comprising:
a cutting unit 58 arranged to receive the tubular body (fig 2), the tubular body having a longitudinal axis along which the tubular body advances (direction R), the cutting unit comprising:
a rotating arm 28 rotatably mounted about a first axis of rotation (at 18, col 3, lines 20-55), wherein the first axis of rotation is inclined relative to the longitudinal axis of the tubular body (fig 2, col 3, lines 20-55), and at least one cutting member 50 rotatably mounted at an end of the rotating arm about a second axis of rotation (col 2, 20-35, since the arm 46 is canted and said to rotate at a different axis than the arm 28);
wherein the at least one cutting member is configured to cut the tubular body at a cutting position as the tubular body advances along the longitudinal axis (fig 2), while the rotating arm rotates about the first axis of rotation and the at least one cutting member simultaneously rotates about the second axis of rotation (col 2, 20-55); and wherein the second axis of rotation has a fixed orientation relative to the rotating arm and is non-parallel to the first axis of rotation (col 2, 20-55).
Allowable Subject Matter
Claims 1-14 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art of record are USPN 4041813, Spencer, and USPN 3983772, Oldham which teach various aspects of a rotating cutter having the features as set forth in the claims and noted in the previous Office action mailed on 1/15/2026. However, in view of the most recent amendments, none of the references, alone or in combination, disclose that the apparatus for producing tubular products from a tubular body,
comprises a cutting unit disposed along a feed path of said tubular body the cutting unit comprising: a rotating arm mounted for rotation about a first axis of rotation, that is the first axis of rotation being inclined at a first angle relative to said feed path at least one cutting member mounted on the rotating arm and having a cutting blade configured to cut said tubular body at a cutting position s said tubular body advances along said path and s the rotating arm rotates, and a motion transmission assembly configured to rotate said at least one cutting member about a second axis of rotation said motion transmission assembly comprising: a motorized pulley rotatable about a fourth axis rotation, a driven pulley rotatable about a fifth axis of rotation and coupled to the at least one cutting member, the fifth axis of rotation being coaxial with the second axis of rotation, and a drive assembly operatively connecting the motorized pulley to the driven pulley, wherein the second axis of rotation has a fixed orientation relative to the rotating arm and is inclined relative to the first axis of rotation. (as required by Claim 1) (emphasis added),
nor
a rotating arm mounted for rotation about a first axis of rotation, that is the first axis of rotation being inclined at an angle relative to said feed path,
at least one cutting member mounted on the rotating arm and having a cutting blade configured to cut said tubular body at a cutting position as said tubular body advances along said feed path and as the rotating arm rotates and
a motion transmission assembly configured to rotate the at least one cutting member about a second axis of rotation, said motion transmission assembly comprising: a motorized pulley rotatable about a fourth axis of rotation,
a driven pulley rotatable about a fifth axis of rotation and coupled to the at least one cutting member, wherein the fifth axis of rotation is coaxial with the second axis of rotation,
and a drive assembly connecting the motorized pulley to the driven pulley, wherein the second axis of rotation has a fixed orientation relative to the rotating arm and is inclined to the first axis of rotation. (as required by Claim 13) (emphasis added).
Furthermore, none of these references by themselves or in combination with the other prior art cited teach the claimed invention set forth in claim 1.
Specifically, each of the references USPN USPGPUB 3773269, Brooks. 5557997 2150427 2139100 2139100 2052365 3353430 and 5315907 disclose, rotating cutters having offset axes of cutters and drivers, but each lack the specifics of Claims 1 and 13 as amended.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPGPUBs and USPNs disclose state of the art pulley activated rotary cutters and thus disclose elements of the present invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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