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 § 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.
Claim 1-4 and 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20170232629 to McGuffin-Noll et al. in view of EP2510794 to Eckhardt.
In re claim 1, McGuffin-Noll teaches a food product slicer, comprising:
a base (200);
a knife (300) mounted for rotation relative to the base;
a carriage assembly (400) mounted to the base for reciprocal movement back and forth past a cutting edge of the knife;
an adjustable gauge plate (500) mounted for movement between a closed position that prevents slicing and multiple open positions that permit slicing at respective thicknesses (Para 0030);
a slice thickness identification system including at least one sensor for determining a position of the gauge plate (Para 0033);
a controller that is configured to identify an actual slice thickness based upon output from the at least one sensor (Para 0033);
a display (Para 0033) for communicating information to a slicer operator;
wherein the display is configured to control the display device to cause the display device to effect display of a slice thickness targeting graphical image to indicate whether the gauge plate is in a position to achieve a defined slice thickness for a slicing operation (Para 0033).
In the event on may argue the thickness input device of McGuffin-Noll, which includes, but is not limited to a touchscreen control, touch pad control, and/or buttons or keys does not include a display for communicating information to the slicer operator and wherein the display is configured to effect display of a slice thickness targeting graphical image to indicate whether the gauge plate is in a position to achieve a defined slice thickness for a slicing operation, Eckhardt teaches a display (400) for receiving slicing machine parameters, in which the parameters include, for example, slice thickness, which can be represented graphically (by means of image or animation) and/or descriptively (Pg. 4, lines 38-47, Pg. 5, lines 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide McGuffin-Noll with a display having graphical parameters as taught by Eckhardt in order to provide a visual to the user to maintain enhanced efficiency and precision. The modification would lead to the controller being (capable of being) configured such that the graphical image displayed on the display device shows a first non-alphanumeric graphic (Pg. 4, lines 38-47, Pg. 5, lines 1-4, Eckhardt) of a target location and a second non-alphanumeric graphic of actual location, and a relative position between the second non-alphanumeric graphic and the first non-alphanumeric graphic varies as the gauge plate moves.
Note, the controller merely has to be capable of being configured such that the graphical image shows a first non-alphanumeric graphic and second non-alphanumeric graphic of a target and actual location and a relative position between the first and second non-alphanumeric graphics as the gauge plate moves, in which it is, since (gauge plate) the controller works in conjunction with the display (thickness input device) to communicate information regarding the slice thickness and Eckhardt teaches displaying parameters graphically.
In re claim 2, modified McGuffin-Noll teaches wherein the controller is configured such that the graphical image (Pg. 4, lines 38-47, Pg. 5, lines 1-4, Eckhardt) is (capable of being) varied as the gauge plate is moved (Para 0033, McGuffin-Noll).
Note, the controller merely has to be capable of being configured to vary an image, in which it is, since the controller in conjunction with the display can display various (programmed) information (including graphical images).
In re claim 3, modified McGuffin-Noll teaches wherein controller is configured such that a color feature of the graphical image changes when the gauge plate reaches the position to achieve the defined slice thickness.
Note, the controller merely has to be capable of being configured such that a color feature of the graphical image changes when the gauge plate reaches a certain position, in which it is, since the controller in conjunction with the display can display various (programmed) information regarding the thickness of the slice (including graphical images).
In re claim 4, modified McGuffin-Noll teaches wherein the controller is configured to control the display device such that display of the graphical image ceases when the gauge plate reaches the position to achieve the defined slice thickness.
Note, the controller merely has to be capable of controlling the display device such that the graphical image ceases when the gauge plate reaches a position to achieve the defined thickness, in which it is, since the (gauge plate) controller works in conjunction with the display to communicate information regarding the slice thickness.
In re claim 6, modified McGuffin-Noll teaches wherein the first non-alphanumeric graphic is a first line on a dial graphic, and the second non-alphanumeric graphic is a second line on the dial graphic (Pg. 4, lines 38-47, Pg. 5, lines 1-4, Eckhardt).
In re claim 7, modified McGuffin-Noll teaches wherein the controller is configured such that the graphical image shows a representative slicer knob and a direction of knob rotation necessary to move the gauge plate to the position to achieve the defined slice thickness.
Note, the controller merely has to be capable of being configured such that the graphical image shows a slicer knob and a direction of rotation, in which it is, since (gauge plate) controller works in conjunction with the display (thickness input device) to communicate information regarding the slice thickness.
In re claim 8, modified McGuffin-Noll teaches wherein the controller is configured to control the display device such that display of the graphical image is implemented in response to operator selection of the defined slice thickness (Para 0033, McGuffin-Noll).
Note, the controller works in conjunction with the display (thickness input device) to communicate information regarding the slice thickness.
In re claim 9, modified McGuffin-Noll teaches wherein the display is a touch screen display (Pg. 3, lines 16-25, Eckhardt), and the defined slice thickness is a thickness selected via an interface presented on the touch screen display.
In re claim 10, McGuffin-Noll teaches a food product slicer, comprising:
a base (200);
a knife (300) mounted for rotation relative to the base;
a carriage assembly (400) mounted to the base for reciprocal movement back and forth past a cutting edge of the knife;
an adjustable gauge plate (500) mounted for movement between a closed position and multiple open positions that permit slicing at respective thicknesses, wherein a knob (600) is operatively connected to effect manual position adjustment of the gauge plate;
at least one sensor for determining a position of the gauge plate (Para 0033);
a display (touchscreen, Para 0033) for communicating information to a slicer operator;
a controller (Para 0033) configured to identify gauge plate position based upon output from the at least one sensor, wherein the controller is configured to control the display device to effect display of a gauge plate position targeting graphical image to indicate whether the gauge plate is in a position to achieve a defined slice thickness for a slicing operation, wherein the graphical image simultaneously shows both a first graphic of a target location and a second graphic of actual location, and a relative position between the second graphic and the first graphic varies as the gauge plate moves.
Note, the controller merely has to be capable of being configured such that the graphical image simultaneously shows both a first and second graphic of a target and actual location and a relative position as the gauge plate moves, in which it is, since (gauge plate) controller works in conjunction with the display (thickness input device) to communicate information regarding the slice thickness.
Regarding claim 10, in the event on may argue the thickness input device of McGuffin-Noll, which includes, but is not limited to a touchscreen control, touch pad control, and/or buttons or keys does not include a display for communicating information to the slicer operator and wherein the display is configured to effect display of a slice thickness targeting graphical image to indicate whether the gauge plate is in a position to achieve a defined slice thickness for a slicing operation, Eckhardt teaches a display (400) for receiving slicing machine parameters, in which the parameters include, for example, slice thickness, which can be represented graphically (by means of image or animation) and/or descriptively (Pg. 4, lines 38-47, Pg. 5, lines 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide McGuffin-Noll with a display as taught by Eckhardt in order to provide a visual to the user to maintain enhanced efficiency and precision.
In re claim 11, modified McGuffin-Noll teaches wherein the graphical image further includes a directional indicator as to which direction the knob should be rotated in order to move the gauge plate to the position to achieve the defined slice thickness.
Note, the controller merely has to be capable of being configured such that the graphical image shows a directional indicator and a direction of rotation, in which it is, since (gauge plate) controller works in conjunction with the display (thickness input device) to communicate information regarding the slice thickness.
In re claim 12, modified McGuffin-Noll teaches wherein the display device is a touch screen display (Para 0033, McGuffin-Noll; Pg. 3, lines 16-25, Eckhardt), and the defined slice thickness is a thickness selected via an interface presented on the touch screen display (Para 0033, McGuffin-Noll; Pg. 3, lines 16-25, Eckhardt).
In re claim 13, modified McGuffin-Noll teaches wherein the graphical image further includes a background graphic and the first graphic and the second graphic is overlayed on the background graphic, wherein the background graphic is a dial graphic or a bar graphic.
Note, the controller merely has to be capable of being configured such that the graphical image includes a background graphic and the first graphic is overlayed the second graphic in which the background graphic is a dial graphic.
In re claim 14, modified McGuffin-Noll teaches wherein the graphical image further includes a background graphic and the first graphic and the second graphic is overlayed on the background graphic, wherein controller is configured such that a color feature of the background graphic changes when the gauge plate reaches the position to achieve the defined slice thickness.
Note, the graphical image merely has to be capable of including a background graphic in which the first graphic and the second graphic are overlayed on the background graphic. The controller merely has to be capable of being configured such that a color feature of the graphical image changes when the gauge plate reaches a certain position, in which it is, since the controller in conjunction with the display can display various (programmed) information regarding the thickness of the slice (including graphical images).
n re claim 15, McGuffin-Noll teaches a food product slider comprising:
a base (200);
a knife (300) mounted for rotation relative to the base;
a carriage assembly (400) mounted to the base for reciprocal movement back and forth past a cutting edge of the knife;
an adjustable gauge plate (500) mounted for movement between a closed position and multiple open positions that permit slicing at respective thicknesses, wherein a knob (600) is operatively connected to effect manual position adjustment of the gauge plate;
at least one sensor for determining a position of the gauge plate (Para 0033);
a display (touchscreen, Para 0033) for communicating information to a slicer operator;
a controller (Para 0033) configured to identify gauge plate position based upon output from the at least one sensor, wherein the controller is configured to control the display device to effect simultaneous display of both a target gauge plate thickness indicator and an actual gauge plate thickness indicator.
Note, the controller merely has to be capable of being configured to control the display device in which it is. The limitation “to effect simultaneous display of both a target gauge plate thickness indicator and an actual gage plate indicator” is an intended use limitation. In other words, the controller can control the display device to display any information input/stored by the controller. The display device is a medium for outputting information to the user (in a non-alphanumeric or descriptive/numeric form).
Regarding claim 15, in the event on may argue the thickness input device of McGuffin-Noll, which includes, but is not limited to a touchscreen control, touch pad control, and/or buttons or keys does not include a display for communicating information to the slicer operator and wherein the display is configured to effect display of a slice thickness targeting graphical image to indicate whether the gauge plate is in a position to achieve a defined slice thickness for a slicing operation, Eckhardt teaches a display (400) for receiving slicing machine parameters, in which the parameters include, for example, slice thickness, which can be represented graphically (by means of image or animation) and/or descriptively (Pg. 4, lines 38-47, Pg. 5, lines 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide McGuffin-Noll with a display as taught by Eckhardt in order to provide a visual to the user to maintain enhanced efficiency and precision.
Response to Arguments
The crux of the claimed subject matter is directed to the concept of the controller and the graphic image that is displayed. The claims as currently recited, merely requires the structure of the controller. In order to positively recite the functionality of the controller and the graphical image, a nexus should be established in the claim language. For example, the display comprises a graphical image…. This language is exemplary which creates a structural relationship between the display and graphic image. Paras [0038,0039] provide additional support to the structural relationship between rotation of the gauge plate knob, the actual vs desired position of the gauge plate and the image displayed as a result of the position of the gauge plate.
The Specification and Claim Objection objections in the Office Action mailed November 5, 2025 have been obviated by the amendments field February 4, 2026.
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on the combination of references 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.
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/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724
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