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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
For claim 13, the claim recites “the second at least one coordinated coding feature of the knife journal is a pin-side coding element”. However applicant’s disclosure is completely silent with regards to what structure entails a “pin-side coding element” (in fact the phrase is never used in the specification). As such, this subject matter was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim 19 recites that the pin-side coding element and a coding element are on the cutting set element. However independent claim 13, which this is dependent on, recites that the pin-side coding element is on the knife journal which is separate from the cutting set element. The disclosure also only discloses the coding element of the knife journal is present on the knife journal and not on the cutting set element. As such there is insufficient written description for this claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
For claim 13, as discussed above, the phrase “a pin-side coding element” is not discussed in applicant’s disclosure. No pin has been claimed but the disclosure does not disclose any pins being used as coding elements. As such, it is unclear what structure applicant is claiming.
For claim 19, as discussed above, this claim recites that the pin-side coding element and a coding element are on the cutting set element. However independent claim 13, which this is dependent on, recites that the pin-side coding element is on the knife journal which is separate from the cutting set element. As such, it is unclear what applicant is attempting to claim.
Conclusion
It is noted that applicant has defined the journal side coding element as “a slight deviation from a cross section of the blade journal without coding”. Prior art such as U.S. Patent No. 4,202,502 discloses a cutting set system having a knife journal (9) having a bearing section (see figure 1) and a cutting set element (3) having a central hub. The bearing section does have a circumferential surface that has both flat parallel sections and rounded sections but applicant has already claimed those section as respectively the two parallel partial circumferential surfaces and the partial circumferential surfaces. As claimed, the coding feature of the journal is between a partial circumferential surface and an adjacent parallel partial circumferential surface. As the prior art does not disclose any cross-sectional deviation in such a location, the prior art does not disclose a coding feature on the journal (and thus does not disclose a complementary coding feature on the cutting set element.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Katcoff whose telephone number is (571)270-1415. The examiner can normally be reached M-Th: 8-4, Fri: Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew Katcoff/ Primary Examiner, Art Unit 3725
01/08/2026