Prosecution Insights
Last updated: August 16, 2026
Application No. 18/376,653

FOOD CUTTER AND METHOD OF CUTTING FOOD

Non-Final OA §103
Filed
Oct 04, 2023
Priority
Apr 06, 2021 — provisional 63/171,420 +1 more
Examiner
DONG, LIANG
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Mccain Foods Limited
OA Round
3 (Non-Final)
53%
Grant Probability
Moderate
3-4
OA Rounds
1m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
262 granted / 497 resolved
-17.3% vs TC avg
Strong +33% interview lift
Without
With
+32.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
45 currently pending
Career history
568
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.5%
+11.5% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
27.6%
-12.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 497 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment The Amendment filed 6/10/2026 has been entered. Claims 1-19 remain pending in the application. Continued Examination Under 37 CFR 1.114 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/10/2026 has been entered. Information Disclosure Statement The information disclosure statement (IDS) submitted on 6/10/2026 filed after the filing date of the application on 10/04/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. 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. Claims 1-6 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fisher (US 4372184) in view of Luer (US 1239926) and Zabel (US 2474451). Regarding claim 1, Fisher teaches a hydraulic food cutter having a food travel axis, the hydraulic food cutter comprising: at least one fluid conduit (see Figure 1); a blade carrier (28) mounted within the at least one fluid conduit (see Figures 1-2); and a plurality of blades mounted to the blade carrier, each of the plurality of blades (76 and 82) defining a corresponding axis (see Figures 1-4). Fisher fails to teach a plurality of disc blades mounted to the blade carrier, each of the plurality of disc blades defining a corresponding blade rotation axis, each disc blade being rotatable relative to the blade carrier about the corresponding blade rotation axis, the corresponding blade rotation axis of the disc blade being perpendicular to and offset from the food travel axis, each disc blade having a perimeter edge at a constant radius from the corresponding blade rotation axis, the perimeter edge of each disc blade having a series of alternating peaks and valleys, each peak and valley having an amplitude in a direction parallel to the corresponding blade rotation axis. Luer teaches a cutting device including a plurality of disc blades (15 and 27, see Figures 4-5) mounted to the blade carrier (2), each of the plurality of disc blades defining a corresponding blade rotation axis (about one of 11 or 26), each disc blade being rotatable relative to the blade carrier about the corresponding blade rotation axis (see Figure 3-5), the corresponding blade rotation axis of the disc blade being perpendicular to and offset from the food travel axis (see Figures 4-5), each disc blade having a perimeter edge at a constant radius from the corresponding blade rotation axis (see Figures 3-6). Fisher differs from the claimed device due to Fisher’s blades are stationary, whereas Luer teaches rotational blades. Both Fisher and Luer teach using two tiers of blades set to cut a workpiece into uniform pieces (via the vertical and horizontal cutting lines created by the blades). Such modification will achieve the predictable result of providing securing the cap of the handle, since both blade arrangement of Fisher and Luer are known for the same purpose in the art. See MPEP § 2143 I. (B). Therefore, it would have been an obvious for one of ordinary skill in the art to modify the device of Fisher to change the blade arrangement, as taught by Luer, for the same purpose of providing a vertical and horizontal cutting line along the food conveying axis. Zabel teaches disc blades (31), each having a series of alternating peaks and valleys (see Figures 1-4), each peak and valley having an amplitude in a direction (left and right direction in Figure 3) parallel to the corresponding blade rotation axis (axis of 30, see Figure 3). It would also have been obvious to one of ordinary skill in art to modify the device of modified Fisher to change the shape of the disc blade, as taught by Zabel, in order to cut shapes for decorative purpose (col 2 lines 18-36 of Zabel). Regarding claim 2, modified Fisher further teaches the perimeter edge of each disc blade abuts the perimeter edge of at least one other disc blade (at least the disc of 27 next to other disc, see Figures 3-5 of Fisher). Regarding claim 3, modified Fisher further teaches the perimeter edge of each disc blade abuts the food travel axis (see Figure Figures 3-5 of Fisher). Regarding claim 4, modified Fisher further teaches the plurality of disc blades includes a first disc blade (a blade 27) and a second disc blade (a blade 15), and the second disc blade is positioned downstream of the first disc blade (See Figures 3-5 of Fisher). Regarding claim 5, modified Fisher further teaches each disc blade is freely rotatable relative to the blade carrier about the corresponding blade rotation axis (at least freely rotatable when rotated by hand). Regarding claim 6, modified Fisher further teaches the plurality of disc blades includes a first disc blade, and the first disc blade is drivingly coupled to a rotary driver (drive for 32, , see Figures 3-5 of Fisher). Regarding claim 12, modified Fisher further teaches the perimeter edge of each disc blade has the same number of peaks and valleys (As modified by Zabel, see Figure 1-4 of Zabel). Regarding claim 13, modified Fisher further teaches the plurality of disc blades includes at least a first row of disc blades (blades on 226) and a second row of disc blades (blades on the other 26 of Fisher, see Figures 3-5 of Fisher). Regarding claim 14, modified Fisher further teaches the blade rotation axis of each disc blade in the first row of disc blades is collinear with the blade rotation axis of each other disc blade in the first row of disc blades, and the blade rotation axis of each disc blade in the second row of disc blades is collinear with the blade rotation axis of each other disc blade in the second row of disc blades (see Figures 3-5 of Fisher). Regarding claim 15, modified Fisher further teaches the perimeter edge of each disc blade in the first row of disc blades abuts the perimeter edge of a respective disc blade in the second row of disc blades (see Figures 3-5 of Fisher). Regarding claim 16, modified Fisher further teaches the blade rotation axis of each disc blade in the first row of disc blades is parallel with the blade rotation axis of each disc blade in the second row of disc blades (see Figures 3-5 of Fisher). Regarding claim 17, modified Fisher further teaches the plurality of disc blades includes at least a third row of disc blades (blades on 11) and a fourth row of disc blades (blades on other 11), the blade rotation axis of each disc blade in the third row of disc blades is collinear with the blade rotation axis of each other disc blade in the third row of disc blades (Figures 3-5 of Fisher), the blade rotation axis of each disc blade in the fourth row of disc blades is collinear with the blade rotation axis of each other disc blade in the fourth row of disc blades (Figures 3-5 of Fisher), the perimeter edge of each disc blade in the third row of disc blades abuts the perimeter edge of a respective disc blade in the fourth row of disc blades (see Figures 3-5 of Fisher), and the blade rotation axis of each disc blade in the third and fourth rows of disc blades is non- parallel with the blade rotation axis of each disc blade in the first and second rows of disc blades (see Figures 3-5 of Fisher). Regarding claim 18, modified Fisher further teaches the blade rotation axis of each disc blade in the third and fourth rows of disc blades is perpendicular to the blade rotation axis of each disc blade in the first and second rows of disc blades (see Figures 3-5 of Fisher). Regarding claim 19, modified Fisher further teaches the third and fourth rows of disc blades are positioned downstream of the first and second rows of disc blades (see Figures 3-5 of Fisher). Claims 1-3 and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Niklason (US 6129624) in view of Gagliardi (US 20100151780 A1) and Zabel (US 2474451). Regarding claim 1, Niklason teaches a hydraulic food cutter having a food travel axis, the hydraulic food cutter comprising: at least one fluid conduit (see Figure 8); a blade carrier (58) mounted within the at least one fluid conduit (see Figure 8); and a plurality of blades (60) mounted to the blade carrier, each of the plurality of blades (60) defining a corresponding axis (see Figures 1-4). Niklason fails to teach a plurality of disc blades mounted to the blade carrier, each of the plurality of disc blades defining a corresponding blade rotation axis, each disc blade being rotatable relative to the blade carrier about the corresponding blade rotation axis, the corresponding blade rotation axis of the disc blade being perpendicular to and offset from the food travel axis, each disc blade having a perimeter edge at a constant radius from the corresponding blade rotation axis, the perimeter edge of each disc blade having a series of alternating peaks and valleys, each peak and valley having an amplitude in a direction parallel to the corresponding blade rotation axis. Gagliardi teaches a cutting device including a plurality of disc blades (blades on 12 and 20, see Figure 6) mounted to the blade carrier, each of the plurality of disc blades (32) defining a corresponding blade rotation axis (axis of 38), each disc blade being rotatable relative to the blade carrier about the corresponding blade rotation axis (see Figure 3 and 5A), the corresponding blade rotation axis of the disc blade being perpendicular to and offset from the food travel axis (see Figures 3 and 5A), herein a food item is hydraulically propelled downstream through the fluid conduit along the food travel axis (as the food item is not required by the claim, and no additional structure is added in this limitation, the limitation appear to a functional intend use of the device, therefore as the blade carrier can be configured for mounting with a fluid conduit of a hydraulic cutting line, and a food item can be propelled downstream, thus the structure of Gagliardi meets the limitation), each disc blade having a perimeter edge at a constant radius from the corresponding blade rotation axis (see Figures 3 and 5A). Niklason differs from the claimed device due to Niklason’s blades are stationary, whereas Gagliardi teaches rotational blades. Both Niklason and Gagliardi teach using radially spaced apart blade arrangement to cut a workpiece into radial pieces (via centering cutting lines created by the blades). Such modification will achieve the predictable result of providing securing the cap of the handle, since both blade arrangement of Niklason and Gagliardi are known for the same purpose in the art. See MPEP § 2143 I. (B). Therefore, it would have been an obvious for one of ordinary skill in the art to modify the device of Niklason to change the blade arrangement, as taught by Gagliardi, for the same purpose of providing centering cutting lines along the food conveying axis. Zabel teaches disc blades (31), each having a series of alternating peaks and valleys (see Figures 1-4), each peak and valley having an amplitude in a direction (left and right direction in Figure 3) parallel to the corresponding blade rotation axis (axis of 30, see Figure 3). It would also have been obvious to one of ordinary skill in art to modify the device of modified Niklason to change the shape of the disc blade, as taught by Zabel, in order to cut shapes for decorative purpose (col 2 lines 18-36 of Zabel). Regarding claim 2, modified Niklason further teaches the perimeter edge of each disc blade abuts the perimeter edge of at least one other disc blade (see Figure 3 of Gagliardi). Regarding claim 3, modified Gagliardi further teaches the perimeter edge of each disc blade abuts the food travel axis (see Figure 3 of Gagliardi). Regarding claim 5, modified Niklason further teaches each disc blade is freely rotatable relative to the blade carrier about the corresponding blade rotation axis (at least freely rotatable when rotated by hand). Regarding claim 6, modified Niklason further teaches the plurality of disc blades includes a first disc blade, and the first disc blade is drivingly coupled to a rotary driver (28, see Figure 3 of Gagliardi). Regarding claim 7, modified Niklason further teaches the plurality of disc blades includes a circular arrangement of disc blades surrounding the food travel axis (see Figure 3 of Gagliardi). Regarding claim 8, modified Niklason further teaches the circular arrangement of disc blades comprises at least three disc blades (at least six, see Figure 3 of Gagliardi). Regarding claim 9, modified Niklason further teaches the circular arrangement of disc blades are evenly distributed along an imaginary circle that surrounds the food travel axis (see Figure 5A of Gagliardi). Regarding claim 10, modified Niklason further teaches the perimeter edge of each disc blade in the circular arrangement of disc blades is abutting the perimeter edge of each other disc blade in the circular arrangement of disc blades (see Figure 5A of Gagliardi). Regarding claim 11, modified Niklason further teaches the perimeter edge of each disc blade in the circular arrangement of disc blades is abutting the food travel axis (see Figure 5A of Gagliardi). Regarding claim 12, modified Niklason further teaches the perimeter edge of each disc blade has the same number of peaks and valleys (As modified by Zabel, see Figure 1-4 of Zabel). Response to Arguments Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim(s) 1-19 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM. 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, Ashley Boyer 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. /LIANG DONG/Examiner, Art Unit 3724 6/24/2026
Read full office action

Prosecution Timeline

Oct 04, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §103
Jan 30, 2026
Response Filed
Mar 10, 2026
Final Rejection mailed — §103
Jun 10, 2026
Request for Continued Examination
Jun 18, 2026
Response after Non-Final Action
Jun 26, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12703120
VISUAL INDICATION OF COMPOSITE FIBER ORIENTATION
5y 8m to grant Granted Aug 11, 2026
Patent 12690514
AUTOMATIC FEED SYSTEM FOR A TRIMMER
3y 7m to grant Granted Jul 28, 2026
Patent 12695114
PROCESSING APPARATUS FOR ELECTRODE ASSEMBLY OF SECONDARY BATTERY
2y 6m to grant Granted Jul 28, 2026
Patent 12686144
TELESCOPING SLICER
2y 9m to grant Granted Jul 21, 2026
Patent 12673438
BLADESET FOR A HAIR CUTTING APPARATUS WITH TAPERED TEETH
2y 9m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
53%
Grant Probability
85%
With Interview (+32.6%)
2y 11m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 497 resolved cases by this examiner. Grant probability derived from career allowance 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