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 .
Application Status
Claims 1-14 are pending in the current application. All claims are eligible for examination.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 110g. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 § 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.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 114451144 A hereinafter Zhang).
With respect to claim 1, Zhang discloses a fruit stem removal apparatus, comprising:
an elongated flat base including a first end and a second end (in figure 8, Zhang discloses a base 1 that has first and second ends rising up on the right and left – for this discussion, let the first end be on the right and the second end be on the left; as shown in figure 3, Zhang discloses that the base has flat sides);
a flexible blade arm attached at a first end thereof to the first end of the base (in figure 8, Zhang discloses a four-connecting rod assembly 3 on the right as well as the cutting assembly 4 to which 3 connects together make up a flexible blade arm – the pivots are what make the arm flexible) such that a second end thereof extends at an angle upwards in a direction towards a center of the base (in figure 8, Zhang discloses the blade arm extending upwards from the base and then towards a midline that runs vertically through the base’s middle), the blade arm including a blade removably attached to and extending away from the second end thereof (in figure 8, Zhang discloses a blade at the distal end of the blade arm, although it does not label the blade – in figure 3, the blade is labelled as element 42; the dots in the blade in figure 3 are holes that anticipate removably attaching the blade to the arm; in figure 8, the blade extends away from the arm in both figures at an angle that is directed away from the arm);
a flexible stop block arm attached at a first end thereof to the second end of the base (in figure 8, Zhang discloses a four-connecting rod assembly 3 on the left as well as the cutting assembly 4 to which 3 connects together make up a flexible stop block arm – the pivots are what make the arm flexible) such that a second end thereof extends at an angle upwards in a direction towards the center of the base to face a second end of the blade (in figure 8, Zhang discloses the stop block arm extending upwards from the base and then towards a midline that runs vertically through the base’s middle; the direction is roughly towards the blade on the blade arm), the stop block arm including a stop block attached thereto to receive the second end of the blade therein (in figure 8, Zhang discloses a layered assembly at the distal end of the left-side or stop block arm; as shown in figure 2, the layered assembly is a cutting knife 42 under a sawtooth blade 422; as shown in figure 8, the bevels on the two blades 42 allow them to mesh with the blade on the blade arm nesting into the groove formed by the sawtooth blade and cutting knife on the left-side or stop block arm) when either one of or both the flexible blade arm and the flexible stop block arm is pressed downward toward the base such that the second end of the blade contacts an inner surface of the stop block (in figure 8, Zhang discloses opposed arms – the stop block arm and blade arm – that are angled towards each other and, if pressed downward toward the base that connects them, would engage each other to sever the stem 81, called fruit handle in the body of Zhang – it is understood that Zhang causes the arms to come together with traction component 5 – that said, pressing down on the arms in figure 8 would cause the blade on the right to mesh with the groove on the left due to the system’s geometry).
With respect to claim 7, Zhang discloses a fruit stem removal apparatus, comprising:
an elongated flat base including a first end and a second end (in figure 8, Zhang discloses a base 1 that has first and second ends rising up on the right and left – for this discussion, let the first end be on the right and the second end be on the left; as shown in figure 3, Zhang discloses that the base has flat sides);
a pivotal blade arm attached at a first end thereof to the first end of the base (in figure 8, Zhang discloses a four-connecting rod assembly 3 on the right as well as the cutting assembly 4 to which 3 connects together make up a flexible blade arm – the pivots in the four-connecting rod assembly read on the blade arm being pivotal) such that a second end thereof extends towards a center of the base (in figure 8, Zhang discloses the blade arm extending upwards from the base and then towards a midline that runs vertically through the base’s middle), the pivotal blade arm including a blade extending outward from the second end thereof (in figure 8, Zhang discloses a blade at the distal end of the blade arm, although it does not label the blade – in figure 3, the blade is labelled as element 42; in figure 8, the blade extends away from the arm in both figures at an angle that is directed away from the arm);
a pivotal stop block arm attached at a first end thereof to the second end of the base (in figure 8, Zhang discloses a four-connecting rod assembly 3 on the left as well as the cutting assembly to which 3 connects together make up a flexible stop block arm – the pivots in the four-connecting rod assembly read on a pivotable arm) such that a second end thereof extends towards a center of the base to face the blade on the second end of the blade arm (in figure 8, Zhang discloses the stop block arm extending upwards from the base and then towards a midline that runs vertically through the base’s middle; the direction is roughly towards the blade on the blade arm), the pivotal stop block arm including a stop block at the second end thereof to receive a portion of the blade therein (in figure 8, Zhang discloses a layered assembly at the distal end of the left-side or stop block arm; as shown in figure 2, the layered assembly is a cutting knife 42 under a sawtooth blade 422; as shown in figure 8, the bevels on the two blades 42 allow them to mesh with the blade on the blade arm nesting into the groove formed by the sawtooth blade and cutting knife on the left-side or stop block arm) when either one of or both the pivotal blade arm and the pivotal stop block arm is pivoted downward toward the base such that the blade will make contact with an inner surface of the stop block to cut a stem of a fruit (in figure 8, Zhang discloses opposed arms – the stop block arm and blade arm – that are angled towards each other and, if pressed downward toward the base that connects them, would engage each other to sever the stem 81, called fruit handle in the body of Zhang – it is understood that Zhang causes the arms to come together with traction component 5 – that said, pressing down on the arms in figure 8 would cause the blade on the right to mesh with the groove on the left due to the system’s geometry).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Masaaki et al. (JP 2020178600 hereinafter Masaaki).
With respect to claim 2, Zhang discloses the limitations of claim 1. Zhang further discloses an alignment groove in the stop block, specifically the groove formed by the angled portion of the lower blade and the sawtooth blade, shown in figure 8. Zhang further discloses the mounting of the stop block disposed a predetermined distance from the blade mounting such that a stem of fruit can be inserted therebetween (in figure 8, Zhang discloses that the blade and stop block can admit the stem of a fruit therebetween; as a mechanical system, the arms of Zhang’s fruit harvesting device are a predetermined distance apart – this distance is determined by the exact design of a specific embodiment of Zhang’s device). Zhang further discloses an alignment groove formed therein to receive the alignment protrusion of the blade mouthpiece when either one of or both the flexible blade arm and the flexible stop block arm is pressed downward toward the base, the alignment groove having the stop block formed therein (in figure 8, Zhang discloses a groove formed between a sawtooth blade and a beveled blade that prevents the further progress of an opposing blade, thus acting as a stop block – by the claim language, specifically “the alignment groove having the stop block formed therein”, it is reasonable to interpret the alignment groove as being formed by material around the stop block – so the very distal portions of the sawtooth blade and lower blade on the stop block arm read on the alignment groove).
Zhang does not disclose a blade mouthpiece removably attached to the second end of the flexible blade arm and including: a groove formed therein to attachably receive the first end of the blade, and an alignment protrusion extending outward adjacent to the blade; and a stop block mouthpiece removably attached to the second end of the flexible stop block arm.
However, Masaaki discloses a blade mouthpiece removably attached to the second end of the flexible blade arm (in figure 14, Masaaki discloses a blade holder 19 used in a fruit stem cutting assembly; the holes shown in figure 14b read on the blade holder being removable; a blade holder reads on a blade mouthpiece) and including: a groove formed therein to attachably receive the first end of the blade (in figure 14, Masaaki discloses a groove in which blade 20 is slotted – a groove is most visible on either side of blade holder 19 where it overlaps blade 20 in figure 14a), and an alignment protrusion extending outward adjacent to the blade (in figure 14a, Masaaki discloses a portion of the holder running parallel to the blade that protrudes adjacent to the blade 20); and
a stop block mouthpiece removably attached to the second end of the flexible stop block arm (in figure 14, Masaaki discloses a blade holder 19 used in a fruit stem cutting assembly; the holes shown in figure 14b read on the blade holder being removable; a blade holder reads on a stop block mouthpiece if the stop block is – as in Zhang – formed from blades).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the arms and blades of Zhang with the blade holders of Masaaki because each element merely performs the same function as it does separately. The predictable result of the combination is a stem-cutting device that can accommodate generic blades that are not built specifically for Zhang’s harvesting device (see MPEP 2143(I)(A)).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Toner et al. (US 2022/0174864 hereinafter Toner).
With respect to claim 11, Zhang discloses a fruit stem removal apparatus, comprising:
an elongated flat base (in figure 8, Zhang discloses mounting seat 1 with unlabelled mounts rising up from the right and left sides) including a first end bent upward at an angle to extend toward a center of the base and including a blade removably attached thereto (on the right side of the base, the unlabelled mount connects to cutting assembly 4 - which holds detachable blade 42 - and has a rounded portion for the pin joining the unlabelled mount and the four-rod connecting assembly 3; the rounded portion is shown curving towards the base’s vertical centerline and so reads on an end bent upward – this interpretation of what reads on a bent end extending toward a center of the base is consistent with applicant’s figures which only show the base bending upward in figures 7-9, all of which disclose the upward bend yielding an hinge 202b1 or 202b2 – if applicant decides to claim an embodiment of the claimed invention that includes arms integral to the base – which is supported in at least paragraph 48 of applicant’s specification – a figure showing integral arms would need to be added to the disclosure), and a second end bent upward at an angle to extend toward the center thereof and including a stop block configured to face the blade such that when either one of or both the first end and the second end is pressed downward toward the center of the base the blade contacts the stop block (on the left side of the base, an unlabelled mount to cutting mount 4 – which holds the serrated blade 422 and knife 42 that form a stop block - and has a rounded portion for the pin joining the unlabelled mount and the four-rod connecting assembly 3; the rounded portion is shown curving towards the base’s vertical centerline and so reads on an end bent upward).
Zhang does not disclose that the elongated flat base is flexible.
However, Toner discloses a stem-clipping tool that includes an elongated flexible flat base (in paragraph 40 and figures 12 and 13, Toner discloses attachment interface brace 20 and articulating torso support braces 21, which read on an elongated flexible flat base).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the base of Zhang with articulating braces of Toner to make a flexible flat base because each element merely performs the same function as it does separately. The predictable result of the combination would be a bas that could be held on rounded surfaces (see MPEP 2143(I)(A)).
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Toner as applied to claim 11 above, and further in view of Masaaki.
With respect to claim 12, Zhang in view of Toner discloses the limitations of claim 11. Zhang in view of Toner further discloses an alignment groove in the stop block, specifically the groove formed by the angled portion of the lower blade and the sawtooth blade, shown in figure 8. Zhang in view of Toner further discloses the mounting of the stop block disposed a predetermined distance from the blade mounting such that a stem of fruit can be inserted therebetween (in figure 8, Zhang discloses that the blade and stop block can admit the stem of a fruit therebetween; as a mechanical system, the arms of Zhang’s fruit harvesting device are a predetermined distance apart – this distance is determined by the exact design of a specific embodiment of Zhang’s device). Zhang in view of Toner further discloses an alignment groove formed therein to receive the alignment protrusion of the blade mouthpiece when either one of or both the flexible blade arm and the flexible stop block arm is pressed downward toward the base, the alignment groove having the stop block formed therein (in figure 8, Zhang discloses a groove formed between a sawtooth blade and a beveled blade that prevents the further progress of an opposing blade, thus acting as a stop block – by the claim language, specifically “the alignment groove having the stop block formed therein”, it is reasonable to interpret the alignment groove as being formed by material around the stop block – so the very distal portions of the sawtooth blade and lower blade on the stop block arm read on the alignment groove).
Zhang in view of Toner does not disclose a blade mouthpiece removably attached to the second end of the flexible blade arm and including: a groove formed therein to attachably receive the first end of the blade, and an alignment protrusion extending outward adjacent to the blade; and a stop block mouthpiece removably attached to the second end of the flexible stop block arm.
However, Masaaki discloses a blade mouthpiece removably attached to the second end of the flexible blade arm (in figure 14, Masaaki discloses a blade holder 19 used in a fruit stem cutting assembly; the holes shown in figure 14b read on the blade holder being removable; a blade holder reads on a blade mouthpiece) and including: a groove formed therein to attachably receive the first end of the blade (in figure 14, Masaaki discloses a groove in which blade 20 is slotted – a groove is most visible on either side of blade holder 19 where it overlaps blade 20 in figure 14a), and an alignment protrusion extending outward adjacent to the blade (in figure 14a, Masaaki discloses a portion of the holder running parallel to the blade that protrudes adjacent to the blade 20); and
a stop block mouthpiece removably attached to the second end of the flexible stop block arm (in figure 14, Masaaki discloses a blade holder 19 used in a fruit stem cutting assembly; the holes shown in figure 14b read on the blade holder being removable; a blade holder reads on a stop block mouthpiece if the stop block is – as in Zhang – formed from blades).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the arms and blades of Zhang in view of Toner with the blade holders of Masaaki because each element merely performs the same function as it does separately. The predictable result of the combination is a stem-cutting device that can accommodate generic blades that are not built specifically for Zhang’s harvesting device (see MPEP 2143(I)(A)).
With respect to claim 13, Zhang in view of Toner and further in view of Masaaki discloses the limitations of claim 12. Zhang in view of Toner and Masaaki has not been shown to disclose the base further comprises: a stem groove formed into a first side thereof at the center portion thereof to receive cut stems therethrough; and a vertical edge flange extending upward from a second side thereof to stop cut stems from sliding off the second side thereof.
However, Toner discloses a base (in figure 12, Toner discloses a stem cutter that includes a flexible base) further comprising: a stem groove formed into a first side thereof at the center portion thereof to receive cut stems therethrough (in figure 12, Toner discloses stem exhaust 19 that captures stem clippings – the sidewalls of the middle, bin-like portion of the stem exhaust form a groove); and a vertical edge flange extending upward from a second side thereof to stop cut stems from sliding off the second side thereof (in figure 12, Toner discloses a stem exhaust 19 that directs cut stems away from the lower side of the stem cutter so that the cut stems do not fall into a basket of fruit that is below the stem cutter; the bottom portion of the stem exhaust 19 extends upwards from the bottom edge of the base – the upward extending side reads on a flange, and the bottom edge of the system in Toner reads on the second side in the claims).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant application to combine the stem exhaust system of Toner with the combined system of Zhang in view of Toner and Masaaki because each element merely performs the same function as it does separately. The predictable result of the combination is a fruit picker that routes unwanted material away from fruit that had had its stem cut (see MPEP 2143(I)(A)).
Allowable Subject Matter
Claim 3 and its dependent claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to claim 3, the prior art neither discloses nor renders obvious that rotating a blade and a stop block mouthpiece can lock the mouthpieces in place in the context of the system of the prior art; while Masaaki discloses attaching a blade holder 19 (which reads on a mouthpiece) using grooves 19a and posts (19b is an hole for a post), as shown best in figure 14b, the blade holder is not locked in place but rather has its movement constrained by the groove 19a.
Claim 8 and its dependent claims 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to claim 8, the prior art does not disclose nor render obvious an arm stopper extending upward from a base and bending above an arm to limit upward movement of the arm in the context of claim limitations also present in claims 7 and 8. An overarching stopper would likely interfere with the operation of Zhang as that device transitions from the state shown in figure 8 to that shown in, for example, figures 2 or 3. Toner accomplishes the task of preventing its parts from flying upwards without need for a stopper that extends upwards from a base and then over an arm of Toner’s stem cutter.
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to claim 14, he prior art neither teaches nor renders obvious – in the context of the system of Zhang, Toner, and Masaaki - a horizontal connection flange disposed at each side of the vertical edge flange, each horizontal connection flange including a clamp to clamp to an outer perimeter of an opening of a fruit reception bag.
Conclusion
A full version of JP 2012239386, which had been cited by applicant without an English translation, is included to strengthen the record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JAMES MEISLAHN whose telephone number is (703)756-1925. The examiner can normally be reached 8:30-5:30 EST M-Th, M-F.
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/DOUGLAS J MEISLAHN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671