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 Objections
Claims 6 and 8 are objected to because of the following informalities: Regarding claims 6 and 8, the status identifier recites “Currently Amended;” however, the most appropriate identifier is “Previously Presented.” Appropriate correction is required.
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.
Claim 5 is 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. Claim 5 depends on canceled claim 4; therefore, the scope of claim 5 is indeterminate.
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 1-3, 5-8, and 11-18 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. 6, below);
a second secondary gear (see Annotated Figure 2, Pg. 6, below);
the second motor (32) connected to the second primary gear;
the second primary gear connected to the second secondary gear;
a cutter housing (82);
a cutter motor (30);
a plurality of cutter gears (48, 50 and the gears as shown in at least Figure 7 (gears attached to motor 30 are comprise the plurality of cutter gears, 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 (48,50, Col. 10, lines 54-67, Col. 11, lines 1-6); and
the blade connected to the plurality of cutter gears (48,50, 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.
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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 5, wherein the plurality of cutter gears further comprises:
a primary cutter gear (48);
a secondary cutter gear (150);
the primary cutter gear connected to the cutter motor (30);
the primary cutter gear connected to the secondary cutter gear (as shown in at least Figure 10a); and
the secondary cutter gear (150) connected to the blade.
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 3, Pg.8, 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 (as shown in at least Figure 7) further comprises:
a second motor (32);
a plurality of second gears (shown in at least Figure 7);
the second motor (32) connected to the plurality of second gears (as shown in at least Annotated Figure 2).
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 5, 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. 5, above) connected to the plurality of shafts;
the second frame (see Annotated Figure 1, on Pg. 5, 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 3, Pg. 8, above);
a first secondary gear (see Annotated Figure 3, Pg. 8, above);
a roller gear (see Annotated Figure 3, Pg. 8, above);
the first motor connected to the first primary gear (see Annotated Figure 3, Pg. 8, above);
the first primary gear connected to the first secondary gear (see Annotated Figure 3, Pg. 8, above);
the first secondary gear connected to the roller gear (see Annotated Figure 3, Pg. 8, above); and the roller gear connected to the lower roller shaft (54).
In re claim 17, wherein the second motor assembly (32) further comprises:
a second motor (32);
a plurality of second gears (shown in at least Figure 7);
the second motor (32) connected to the plurality of second gears (as shown in at least Figure 7).
In re claim 18, wherein the plurality of second gears further comprises:
a second primary gear (see Annotated Figure 2, Pg. 6, above);
a second secondary gear (see Annotated Figure 2, Pg. 6, above);
the second motor (32) 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 (30, Crystal);
a plurality of cutter gears (48, 50, and as shown in at least Figure 7, Col. 10, lines 54-67, Col. 11, lines 1-7, 24-36, 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, 50, Col. 10, lines 67-67, Col. 11, lines 1-6, 24-36); and
the blade connected to the plurality of cutter gears (Col. 10, lines 54-67, Col. 11, lines 1-7, 24-36);
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 (30, 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).
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.
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 and the one or more roller cutout arranged in the base.
Lei teaches a cutting machine in which the lower roller shaft (405) traverses one roller cutout (as shown at least Figure 3) and the one or more roller cutouts arranged in the base (as shown in at least Figures 1 and 3).
Note, Figures 1 and 3 of Li depict the rollers extending through a cutout in the base.
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 (32); and
a plurality of second gears (as shown in at least Figure 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);
a cutter assembly (38);
the outer shell (12) containing the first frame (see Annotated Figure 1, on Page 5, 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 5);
the front door pivotably connected to the outer shell (Col. 7, lines 34-36);
the first frame (see Annotated Figure 1, on Pg. 5, above) connected to the plurality of shafts;
the second frame (see Annotated Figure 1, on Pg. 5, 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 3, Pg. 8, above);
a first secondary gear (see Annotated Figure 3, Pg. 8, above);
a roller gear (see Annotated Figure 3, Pg. 8, above);
the first motor connected to the first primary gear (see Annotated Figure 3, Pg. 8, above);
the first primary gear connected to the first secondary gear (see Annotated Figure 3, Pg. 8, above);
the first secondary gear connected to the roller gear (see Annotated Figure 3, Pg. 8, 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 2, Pg. 6, above);
a second secondary gear (see Annotated Figure 2, Pg. 6, above);
the second motor (32) 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 (30);
a primary cutter gear (48, Col. 10, lines 54-67, Col. 11, lines 1-7, 24-36);
a secondary cutter gear (50, Col. 10, lines 54-67, Col. 11, lines 1-7, 24-36);
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 (30) connected to the primary cutter gear (48);
the primary cutter gear connected to the secondary cutter gear (50, Col. 10, lines 54-67, Col. 11, lines 1-7, 24-36);
the secondary cutter gear (50) 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
Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive. Applicant argues that component 34 is a cutting gear, which does not satisfy the limitations of claims 4. Applicant further argues if in fact component 34 is a cutting gear, then the same component represents both a plurality of cutting gears as a cutter motor and a second motor assembly. Applicant further argues that a plurality of cutter gears does not exist and that the combination of Crystal in view of Manabe does not arrive at the present invention.
Applicant’s arguments are speculative. Crystal teaches the carriage is driven along the Z-axis via motor (30) which drives gears (48,50) with respect to one another. Motor (30) also drives a plurality of gears. All of the gears which aid in driving the cutter in the vertical direction define a plurality of cutter gears as set forth in the office action above. The plurality of cutting gears defined by Crystal are very similar to the plurality of gears designated as 169,170 in the instant application.
Applicant argues claim 5 simply points to Figure 7 of the instant application without providing sufficient details to the “plurality of cutting gears.”
The Examiner respectfully disagrees. As set forth in the rejection above, Crystal teaches a primary cutter gear and a secondary cutter gear (48,50), which are very similar in structure to the cutter gears (169,170) in the instant application.
Applicant argues reference character (30) is not a plurality of gears, since it is a second motor and that reference character (32) is the cutter motor, so it’s unclear how the primary cutter gear can be connected to the cutter motor when the same component is being referenced for both characters.
Applicant’s arguments are speculative. The pending office action above has clearly identified the primary cutter gear (48) and the cutter motor (30), which are both different structures than the second motor (32).
Conclusion
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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/JENNIFER S MATTHEWS/ Primary Examiner, Art Unit 3724
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