Prosecution Insights
Last updated: April 19, 2026
Application No. 18/279,107

ROTARY CUTTING UNIT

Non-Final OA §102§103
Filed
Aug 28, 2023
Examiner
DO, NHAT CHIEU Q
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hyperion Materials & Technologies Inc.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
393 granted / 618 resolved
-6.4% vs TC avg
Strong +49% interview lift
Without
With
+49.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
72 currently pending
Career history
690
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
38.3%
-1.7% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
33.3%
-6.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 618 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Applicant’s election without traverse of specie I (Figure 1A), corresponding Claims 1-3, 7-8, 11-12, 17-18, 24-25, 27 in the reply filed on 12/23/2025 is acknowledged. However, further reviews the election of species I (Figure 1A); claim 22 is read on the specie I or Figure 1, therefore, claim 22 is rejointed to the election; Claims 11-12 and 17-18 do not belong to the species I or Figure 1A (see the claim map below). These claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species VI (Figure 3A). PNG media_image1.png 706 618 media_image1.png Greyscale See Applicant’s figure 3A above; claim 11, “along the first axis of rotation: the first axle (38) is on one side of the rotary cutting drum (32, Figure 3A); and the first load bearing structure (40) is spaced apart from the rotary cutting drum (32)”. Claims 12, 17-18 depends on claim 11. As results above, Claims 1-3, 7-8, 22, 24-25, 27 are elected and examined below. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/28/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the motor of claim 7 (Para. 90 recites “a motor 37” and Figure 1A shows the reference “37” that is an end of the axle 38 that is not a motor) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. Specification The abstract of the disclosure is objected to because that is not what the claimed invention is drawn to (see the scope of at least claim 1). Correction is required. See MPEP § 608.01(b), section I, B recites “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 lengthy specification (23 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. For examples, Paras. 15-48, the language “Optionally” on each paragraph is unnecessary, therefore, the language “optionally” is suggested to be deleted. 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 (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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, 22, 24-25, 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuji et al (US 2017/0239832) hereinafter Tsuji. Regarding claim 1, Tsuji shows a rotary cutting unit (Figure 1), comprising: a frame (302); a rotary cutter (as a whole roll 101, Figure 1) including: a rotary cutting drum (Para. 75 “a cutter roll 101”, Figure 1) having a rotary cutting surface (a surface for mounting a cutting blade 116, Figure 2A) and a first axis of rotation (112a, Figure 2A), a first axle (112, Figure 2A) located coincident to the first axis of rotation, a first load bearing structure (a left guide ring 114, Figure 2A) located on at least one knife member (116) located on the rotary cutting surface; an anvil (201, Figure 2B) including: an anvil portion having an anvil surface configured to directly contact the at least one knife member (see Figure 7C) and a second axis of rotation (212A, Figure 2B), a second axle (212, Figure 2B) located coincident to the second axis of rotation, and a second load bearing structure (see Applicant’s election species, Figure 1A which appears an end portion of the anvil is a second load bearing structure; therefore, see Tsuji’s Figure 7C, the guide ring 114 contacts a portion 210cb that is a second load bearing structure) located on a first plurality of bearings (left and right bearings 152, Figure 7A) supporting the first axle for rotation about the first axis of rotation; and a second plurality of bearings (left and right bearings 252, Figure 7B) supporting the second axle for rotation about the second axis of rotation, wherein a surface of the first load bearing structure contacts a surface of the second load bearing structure (see Figure 7C). Regarding claim 2, Tsuji shows that, along the first axis of rotation: a first portion of the first axle (a left portion of the shaft 112, Figure 7C) is on one side of the rotary cutting drum; and a second portion of the first axle (a right portion of the shaft 112, Figure 7C) is on a second side of the rotary cutting drum. Regarding claim 3, Tsuji shows that the first plurality of bearings comprises two rotary cutter bearings (the left and right bearings 152, Figure 7C) including: a first rotary cutter bearing (the left bearing 152) configured to support the first portion of the first axle for rotation about the first axis of rotation; and a second rotary cutter bearing (the right bearing 152) configured to support the second portion of the first axle for rotation about the first axis. Regarding claim 22, Tsuji shows that the rotary cutter is horizontally above the anvil (see Figure 1). Regarding claims 24-25, Tsuji shows that the first load bearing structure (the left guide ring 114, Figure 2A) is at a far side of the rotary cutting drum (Figure 2A) and the first load bearing structure (the left guide ring 114, Figure 2A) is off-center of the rotary cutting drum (because the left guide ring 114 is at one end of the cutting drum). Regarding claim 27, Tsuji shows that a bending effect (401, Figure 7C) is applied to . 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. 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. Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji in view of Welch (US 2004/0003699). Regarding claim 7, Tsuji shows all of the limitations as stated above including a motor (Para. 101 “a motor is transmitted to the shaft 112 via gears and belts”) to be driven in rotation about the first axis of rotation, however, it is not clear whether the rotary cutter is coupled to the motor or not (since there are belts). Welch shows a rotary unit (100, Figure 2) including cutting and anvil rollers (102, 104, Figure 2), wherein the cutting roller is coupled to a motor (134, Figure 2 and Para. 13 “a suitable motor 134” or a motor 221, figures 9-10) via a axle or a shaft of the cutting roller. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the cutting unit of Tsuji to have a motor coupled to the cutting roller (rotary cutter) via a shaft or an axle of the cutting roller, as taught by Welch, in order to allow the cutting unit to run more efficiency, compact, non-slip, and long-lasting performance (compared to belts that are prone to slippage and wear). Regarding claim 8, the modified cutting unit of Tsuji shows that only the first axle, among the first and second axles, is directly supported by the frame (see the shaft 112 directly supported by the frame). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0023539 appears to teach one-side load bearings (38, 39) of a cutting and anvil rollers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NHAT CHIEU Q DO/ Primary Examiner, Art Unit 3724 1/24/2026
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604699
PROCESSING APPARATUS
2y 5m to grant Granted Apr 14, 2026
Patent 12600047
Safety Knife
2y 5m to grant Granted Apr 14, 2026
Patent 12583140
Electrode Cutting Device
2y 5m to grant Granted Mar 24, 2026
Patent 12576547
RAZOR BLADE
2y 5m to grant Granted Mar 17, 2026
Patent 12564891
SPIN-SAW MACHINE
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+49.1%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 618 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month