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 . This office action is in response to the amendment filed on 06/05/2026 in which claims 1, 3-11 are pending, claims 1, 3, 5, 6, 8, 9 and 11 are currently amended.
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 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mills (U.S. Patent 3,702,626)
Mills discloses a cutter system comprising: a cutter base (42) removably mounted on a first moving body (40) configured to move on land or water (e.g. via ground engaging wheels 46/110 moving over a ground surface; or via floor of a ship); and a cutter unit (chain saw 364/366; roll 120; lifting members 382/380) mounted on the cutter base (42) and configured to cut a structure body (not claimed subject matter; e.g. L) into a plurality of cut segments by cutting the structure body, wherein the cutter unit includes a first support mechanism (roll 120) configured to support the structure body (e.g. L) advanced along a predetermined direction (e.g. parallel to the conveyor); a cutter (chain saw 364/366) configured to cut the structure body (e.g. L) supported by the first support mechanism (roll; 120) ; a second support mechanism (log lifting members 380/382 ) provided to be movebale up and down in an up down direction (about pins 386/486; fig. 4 and fig. 5) at a position opposed to the first support mechanism (120) with the cutter (chain saw 364/366; fig. 4) interposed therebetween, and configured to support the cut segment cut by the cutter; and an alignment member (microswitch 610) configured to align a position of the structure body with respect to the cutter as an end surface of the structure body along the feed direction is brought into contact with the alignment member
(“The microswitches include elongated flexible sensing elements 600', 602', 604', 606', 608', 610', 612', 614' and 616' respectively which extend upwardly above the support surfaces of the adjacent rolls so that logs moving along the rolls will engage the sensing elements of the microswitches”…. The log will continue to advance until it engages the sensing means of microswitch 610 whereupon the microswitch which is normally closed is opened so as to de-energize motor 170”; see col. 10, lines 28-42 and col. 13, lines 15-20)
Wherein the first support mechanism (120) comprises a first rotating roller that rotates around a rotation axis extending in a lateral direction (across the width of the feeding direction) that intersects with the feeding direction and support legs that rotatably support the first rotating roller (“Roll 120 is secured to a shaft 160, this shaft 160 being journalled within the upper ends of vertically extending members 162 the lower ends of which are supported by the platform 145”; col. 5, lines 26-32)
Allowable Subject Matter
Claims 1, 3-10 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim 11 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
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 LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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/LAURA M LEE/Primary Examiner, Art Unit 3724
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