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 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 10, 17, and 19 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. Regarding claims 10 and 19, the phrases “one or more roller cutouts” and “the lower roller shaft traverses the one or more roller cutouts” is indefinite. The claim has not established a structural relationship between the roller cutout, the base, and the cutting surface. In other words, what structure is imparted by cutout? Where is the cutout located?
Regarding claim 17, the phrase “the plurality of second gears connected to the spiral shaft” is indefinite. It is unclear which second gear is connected to the spiral shaft or if the spiral shaft is driven by a gear train? The structural relationship between the plurality of gears and the spiral shaft has not been clearly established.
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.
Claims 1-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO2021119449 to Crystal et al. in view of WO2004026542 to Manabe et al. US equivalent to 12,226,927 to Crystal has been relied on for the rejection below.
In re claim 1, Crystal teaches an electronic cutting machine, comprising:
an outer shell (12);
a frame (see Annotated Figure 1, below);
a cutting surface (13);
a first motor assembly (as shown in at least Fig. 7);
a second motor assembly (as shown in at least Fig. 7);
a plurality of shafts (46;63,54,56,64);
a cutter assembly (38);
the outer shell containing the frame, the cutting surface, the first motor assembly, the second motor assembly, the plurality of shafts, and the cutter assembly (as shown in at least Figures 4 and 6);
the frame connected to the plurality of shafts (as shown in at least Figure 4);
the cutting surface (13) connected to the frame (as shown in at least Figure 4);
the first motor assembly (as shown in at least Fig. 7) connected to the frame (as shown in at least Figure 4);
the first motor assembly connected to the plurality of shafts (54,56);
the second motor assembly (as shown in at least Fig. 7) connected to the frame (as shown in at least Figure 4);
the second motor assembly connected to the plurality of shafts (Col. 9, lines 48-67, Col. 10, lines 1-4) opposite the first motor assembly (as shown in at least Figure 6); and
the cutter assembly (38) connected to the plurality of shafts (as shown in at least Figure 13);
a second primary gear (see Annotated Figure 2, Pg. 5, below);
a second secondary gear (see Annotated Figure 2, Pg. 5, below);
the second motor (30) connected to the second primary gear;
the second primary gear connected to the second secondary gear.
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In re claim 2, Crystal teaches wherein the plurality of shafts further comprises:
a plurality of roller shafts (54,56);
one or more support shafts (63,64);
the plurality of roller shafts (54,56) connected to the first motor assembly (as shown in at least Fig. 7);
the shaft (46) connected to the second motor assembly (as shown in at least Fig. 7);
the one or more support shafts (63,64) connected to the frame (see Annotated Figure 1, Pg. 5, above);
and the one or more support shafts connected to the cutter assembly (38).
In re claim 3, wherein the plurality of roller shafts further comprises:
an upper roller shaft (56);
a lower roller shaft (54);
the upper roller shaft (56) connected to the frame (as shown in at least Figure 12);
and the lower roller shaft (54) connected to the first motor assembly (as shown in at least Figure 12).
In re claim 4, wherein the cutter assembly (38) further comprises:
a cutter housing (82);
a cutter motor (32);
a plurality of cutter gears (as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7);
a blade (Col. 11, lines 8-12);
the cutter housing containing the cutter motor, the plurality of cutter gears, and the blade (Fig. 1);
the cutter housing connected to the plurality of shafts (as shown in at least Figures 13,14);
the cutter motor connected to the plurality of cutter gears (48, Col. 10, lines 54-67, Col. 11, lines 1-6); and
the blade connected to the plurality of cutter gears (Col. 10, lines 54-67, Col. 11, lines 1-7).
Note, the term contain has been given its plain and ordinary meaning per Merriam Webster Dictionary, which means “to keep within limits.” The cutting housing keeps within limits the cutter motor.
In re claim 5, wherein the plurality of cutter gears further comprises:
a primary cutter gear (as shown in at least Figure 7);
a secondary cutter gear (as shown in at least Figure 7);
the primary cutter gear connected to the cutter motor (32);
the primary cutter gear connected to the secondary cutter gear (as shown in at least Figure 7); and
the secondary cutter gear connected to the blade (Col. 11, lines 8-12).
In re claim 6, wherein the first motor assembly further comprises:
a first motor (34);
a plurality of first gears (as shown in at least Figure 12);
the first motor connected to the plurality of first gears (as shown in at least Figure 12);
and the plurality of first gears connected to the plurality of shafts (54,56).
In re claim 7, wherein the plurality of first gears further comprises:
a first primary gear (see Annotated Figure 3, below);
a first secondary gear (see Annotated Figure 3, below);
a roller gear (see Annotated Figure 3, below);
the first motor connected to the first primary gear (see Annotated Figure 3, below);
the first primary gear connected to the first secondary gear (see Annotated Figure 2, below);
the first secondary gear connected to the roller gear (see Annotated Figure 3, below); and the roller gear connected to the plurality of shafts (54,56).
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In re claim 8, wherein the second motor assembly (30) further comprises:
a second motor (30);
a plurality of second gears (shown in at least Figure 11);
the second motor (30) connected to the plurality of second gears (as shown in at least Figure 11).
In re claim 11, further comprising:
a front door (14); and
the front door pivotably connected to the outer shell (Col. 7, lines 34-36).
In re claim 12, Crystal teaches an electronic cutting machine, comprising:
an outer shell (12);
a first frame (see Annotated Figure 1, on Pg. 5, above);
a second frame (see Annotated Figure 1, on Page 5, above);
a cutting surface (12);
a first motor assembly (as shown in at least Fig. 7);
a second motor assembly (as shown in at least Fig. 7);
a plurality of shafts, comprising:
an upper roller shaft (56);
a lower roller shaft (54);
one or more support shafts (63,64);
a cutter assembly (38);
the outer shell (12) containing the first frame (see Annotated Figure 1, on Page 4, above), the second frame, the cutting surface, the first motor assembly, the second motor assembly, the plurality of shafts, and the cutter assembly (as shown in at least Figure 4);
the first frame (see Annotated Figure 1, on Pg. 4, above) connected to the plurality of shafts;
the second frame (see Annotated Figure 1, on Pg. 4, above) connected to the plurality of shafts;
the cutting surface (13) connected to the first frame and connected to the second frame; the first motor assembly (as shown in at least Fig. 7) connected to the first frame;
the first motor assembly connected to the lower roller shaft (54);
the second motor assembly (as shown in at least Fig. 7) connected to the second frame; and
the cutter assembly connected to the one or more support shafts (63,34).
In re claim 15, wherein the first motor assembly further comprises:
a first motor (34);
a plurality of first gears (as shown in at least Figure 12);
the first motor connected to the plurality of first gears (as shown in at least Figure 12); and
the plurality of first gears connected to the lower roller shaft (54).
In re claim 16, wherein the plurality of first gears further comprises:
a first primary gear (see Annotated Figure 2, Pg. 7, above);
a first secondary gear (see Annotated Figure 2, Pg. 7, above);
a roller gear (see Annotated Figure 2, Pg. 7, above);
the first motor connected to the first primary gear (see Annotated Figure 2, Pg. 7, above);
the first primary gear connected to the first secondary gear (see Annotated Figure 2, Pg. 7, above);
the first secondary gear connected to the roller gear (see Annotated Figure 2, Pg. 7, above); and the roller gear connected to the lower roller shaft (54).
In re claim 18, wherein the plurality of second gears further comprises:
a second primary gear (see Annotated Figure 3, Pg. 9, above);
a second secondary gear (see Annotated Figure 3, Pg. 9, above);
the second motor (30) connected to the second primary gear;
the second primary gear connected to the second secondary gear.
Regarding claim 2, 12 and 18, Crystal teaches a shaft is connected to the second motor assembly, but does not teach a spiral shaft is connected to the second motor assembly and the cutter assembly connected to the spiral shaft, a spiral gear, the second secondary gear connected to the spiral gear and the spiral gear connected to the spiral shaft (Claims 9 and 18).
Manabe teaches in the art of electronic cutting machines motor (40) connected to a spiral shaft (39) via a spiral gear (41) and reduction gears permitting the blade the capabilities of moving back and forth.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Crystal with a spiral shaft, spiral gear, and reduction gear arrangement as taught by Manabe which is advantageous for having an increased load-carrying capacity and being smooth. Providing Crystal with a spiral shaft and spiral gear is merely an obvious design choice of shafts to provide linear movement to the cutting device.
In re claim 13, modified Crystal teaches wherein the cutter assembly further comprises:
a cutter housing (82, Crystal);
a cutter motor (32, Crystal);
a plurality of cutter gears (as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7, Crystal);
a blade (Col. 11, lines 8-12, Crystal);
the cutter housing containing the cutter motor, the plurality of cutter gears, and the blade (Fig. 1, Crystal);
the cutter housing connected the spiral shaft (39, Manabe) and connected to the one or more support shafts;
(as shown in at least Figures 13,14, Crystal);
the cutter motor connected to the plurality of cutter gears (48, Col. 10, lines 67-67, Col. 11, lines 1-6); and
the blade connected to the plurality of cutter gears (Col. 10, lines 54-67, Col. 11, lines 1-7).
Note, the term contain has been given its plain and ordinary meaning per Merriam Webster Dictionary, which means “to keep within limits.” The cutting housing keeps within limits the cutter motor.
In re claim 14, modified Crystal teaches wherein the plurality of cutter gears further comprises:
a primary cutter gear (as shown in at least Figure 7, Crystal);
a secondary cutter gear (as shown in at least Figure 7, Crystal);
the primary cutter gear connected to the cutter motor (32, Crystal);
primary cutter gear connected to the secondary cutter gear (as shown in at least Figure 7, Crystal); and
the secondary cutter gear connected to the blade (Col. 11, lines 8-12, Crystal).
In re claim 17, modified Crystal teaches wherein the second motor assembly (30, Crystal) further comprises:
a second motor (30, Crystal);
a plurality of second gears (shown in at least Figure 11, Crystal);
the second motor (30, Crystal) connected to the plurality of second gears (as shown in at least Figure 11, Crystal); and
the plurality of second gears connected to the spiral shaft (39, Manabe).
Note, per the 112, second paragraph rejection it is unclear which of the plurality of second gears are connected to which of the plurality of shafts.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Crystal in view of Manabe, as applied to the above claims, and in further view of CN115946173 to Lei. US equivalent patent to 11,731,847 has been used in the rejection below.
In re claim 10, Crystal ‘927 teaches wherein the cutting surface (13) further comprises:
a base (as shown in at least Figure 1A); and
the base connected to the frame (as shown in at least Figure 4).
In re claim 19, wherein the cutting surface (13) further comprises:
a base (as shown in at least Figure 4);
the base connected to the frame (as shown in at least Figure 4).
Regarding claims 10 and 19, Crystal teaches an electronic cutting machine having a cutting surface, but does not teach the lower roller shaft traversing the one or more roller cutouts.
Lei teaches a cutting machine in which the lower roller shaft (405) traverses one roller cutout (as shown at least Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective time of the invention to dispose the lower roller shaft of Crystal to traverse a roller cutout as taught by Lei to maintain sufficient clearance between the shaft and the base to perform the intended cut.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Crystal in view of view of Lei.
In re claim 20, Crystal teaches an electronic cutting machine, comprising:
an outer shell (12);
a front door (14);
a first frame (see Annotated Figure 1, on Pg. 5, above);
a second frame (see Annotated Figure 1, on Page 5, above);
a cutting surface (12);
a first motor assembly (Fig. 7), comprising:
a first motor (34);
a plurality of first gears (as shown in at least Figure 12)
a second motor assembly (Fig. 7), comprising:
a second motor (30); and
a plurality of second gears (as shown in at least Figure 11);
a plurality of shafts, comprising:
an upper roller shaft (56);
a lower roller shaft (54);
one or more support shafts (63,64);
a cutter assembly (38);
a cutter assembly (38);
the outer shell (12) containing the first frame (see Annotated Figure 1, on Page 4, above), the second frame, the cutting surface, the first motor assembly, the second motor assembly, the plurality of shafts, and the cutter assembly (as shown in at least Figure 4);
the front door pivotably connected to the outer shell (Col. 7, lines 34-36);
the first frame (see Annotated Figure 1, on Pg. 4, above) connected to the plurality of shafts;
the second frame (see Annotated Figure 1, on Pg. 4, above) connected to the plurality of shafts;
the cutting surface (13) connected to the first frame and connected to the second frame;
the first motor assembly (as shown in at least Fig. 7) connected to the first frame;
the second motor assembly (as shown in at least Figure 7) connected to the second frame; and
the plurality of first gears, comprising:
a first primary gear (see Annotated Figure 2, above);
a first secondary gear (see Annotated Figure 2, above);
a roller gear (see Annotated Figure 2, above);
the first motor connected to the first primary gear (see Annotated Figure 2, above);
the first primary gear connected to the first secondary gear (see Annotated Figure 2, above);
the first secondary gear connected to the roller gear (see Annotated Figure 2, above); and
the roller gear connected to the lower roller shaft (54);
the plurality of second gears, comprising:
a second primary gear (see Annotated Figure 3, Pg. 9, above);
a second secondary gear (see Annotated Figure 3, Pg. 9, above);
the second motor (30) connected to the second primary gear;
the second primary gear connected to the second secondary gear;
the cutter assembly, comprising:
a cutter housing (82);
a cutter motor (32);
a primary cutter gear (as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7);
a secondary cutter gear (as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7);
a blade housing (38)
a blade (Col. 11, lines 8-12);
the cutter housing containing the cutter motor, the primary cutter gear, the secondary cutter gear, the blade housing, and the blade (Fig. 15);
the cutter housing (16) comprising:
an opening (which 46 extends);
a support opening (which 63 extends);
the support opening connected to at least one of the support shafts (63);
the cutter motor (32) connected to the primary cutter gear ((as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7);
the primary cutter gear connected to the secondary cutter gear (as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7);
the secondary cutter gear connected to the blade housing;
the blade housing containing the blade (as shown in at least Figure 15).
Regarding claim 20, Crystal teaches a plurality of shafts, but does not teach a spiral shaft, a spiral gear, the second secondary gear connected to the spiral gear and the spiral gear connected to the spiral shaft, the cutter housing having a spiral opening connected to the spiral shaft.
Manabe teaches in the art of electronic cutting machines a motor (40) connected to a spiral shaft (39) via a spiral gear (41) and reduction gears permitting the blade the capabilities of moving back and forth. A cutter housing (44) having a spiral opening (as seen in at least Figures 8, 10a-10c) disposed on the spiral shaft to permit movement of the cutter housing in a vertical direction (Figure 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Crystal with cutter housing having an opening to receive a spiral shaft to work in conjunction with a spiral gear, and reduction gear arrangement as taught by Manabe which is advantageous for having an increased load-carrying capacity and being smooth. Providing Crystal with a spiral shaft and spiral gear is merely an obvious design choice of shafts to provide linear movement to the cutting device.
Regarding claim 20, Crystal teaches an electronic cutting machine having a cutting surface (13), but does not teach the lower roller shaft traversing the one or more roller cutouts.
Lei teaches a cutting machine in which the lower roller shaft (405) traverses one roller cutout (as shown at least Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective time of the invention to dispose the lower roller shaft of Crystal to traverse a roller cutout as taught by Lei to maintain sufficient clearance between the shaft and the base to perform the intended cut.
Regarding claim 20, Crystal teaches a cutter assembly, but does not teach the cutter housing containing a blade pusher spring and the blade housing is connected to the blade pusher spring.
Lei teaches a cutter housing having a blade pusher spring (305) and the blade housing (304) is connected to the blade pusher spring. The spring can apply a torque to the cutter housing to press the housing against the blade housing to prevent the blade housing from falling off when the blade housing needs to be disassembled (Col. 4, lines 9-37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the cutter housing of Crystal with a spring arrangement as taught by Lei to apply a torque and prevent the blade housing from falling off when being disassembled (Col. 4, lines 9-37).
Response to Arguments
The 112, second paragraph rejections to claims 1-9, and 11 have been obviated by the amendments by the amendments filed March 5, 2026.
Applicant's arguments filed March 5, 2026 have been fully considered but they are not persuasive.
Applicant argues Crystal does not teach the cutter assembly is connected to a plurality of shafts. Applicant argues in Figures 13 and 15 of Crystal, component 38, which has been designated as the cutter assembly is not attached to any of the plurality of shafts, but attached to other components.
The Examiner respectfully disagrees. Claim 1, recites “the cutter assembly connected to the plurality of shafts.” As shown in at least Figure 13, the cutter assembly is connected to the plurality of shafts. Per Merriam Webster Dictionary, the term connected is defined as “joined or linked together; having parts or elements logically linked together.” The cutter assembly (38) of Crystal satisfies the BRI of the term connected, per Merriam-Webster Dictionary. The language of Claim 1 does not preclude the presence of additional structures.
Applicant argues Crystal does not teach the cutter motor is connected to any gears. Applicant further argues the cutter motor of Crystal is on the complete and opposite side and disconnected from the cutter housing.
The Examiner respectfully disagrees. The cutter motor is connected to gears, as shown in at least Figures 7 and 8 (see Annotated Figure 4, on Page 20, below). Crystal teaches the cutting machine may include internal cutting components and other operating components such as X-direction motor (32), gears, belts, and other electronics (Col. 8, lines 23-30) and the X-drive motor…with drive gears, belts, and other drive components (Col. 10, lines 18-23) for driving the cutter. Crystal teaches there are a plurality of gears which drive the cutter motor. The cutter motor (32) is connected to the cutter housing (16) as shown in at least Figure 5. Crystal teaches a second motor (32) is configured to actuate the carriage 16 in the X-direction (Col. 9, lines 52-55). If the cutter motor of Crystal were disconnected from the cutter housing, the cutter would not actuate. As set forth in the above rejection
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Regarding claim 2, Applicant argues Crystal does not teach “the one of more support shafts connected to the cutter assembly.” Applicant argues there are no support rods attached to, traversing through, or connected to the cutting assembly.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the support rods attached to or transversing through) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In an effort to promote compact prosecution, the limitation of claim 2 recites “the one or more support shafts connected to the cutter assembly.” Shafts (63,64) have been identified as the support shafts. Figure 13 clearly depicts the supports shafts connected to the cutter assembly. The language of Claim 2 does not preclude the presence of additional structures.
Applicant argues with respect to claim 9 that combination does not teach the spiral gear is connected to the plurality of shafts. Applicant argues Figure 9 of Manabe does not teach or suggest a plurality of shafts attached to the motor.
The Examiner disagrees. Manabe provides a teaching of driving a cutter via a spiral gear and spiral shaft. One having ordinary skill in the art would recognize there are various shaft and gear arrangements to produce linear motion. The modification of Crystal in view of Manabe would have led to the spiral gear connected to the plurality of shafts (as taught by Crystal; Manabe was not relied on to teach a plurality of shafts). The language of Claim 9 does not preclude the presence of additional structures.
After further consideration, the Office Action on the merits has been maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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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.
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/JENNIFER S MATTHEWS/ Primary Examiner, Art Unit 3724
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