Prosecution Insights
Last updated: July 17, 2026
Application No. 18/704,719

CUTTING DEVICE AND METHOD

Non-Final OA §103
Filed
Apr 25, 2024
Priority
Nov 17, 2021 — CN 202111363993.5 +1 more
Examiner
DONG, LIANG
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hema (China) Co. Ltd.
OA Round
2 (Non-Final)
52%
Grant Probability
Moderate
2-3
OA Rounds
8m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
258 granted / 492 resolved
-17.6% vs TC avg
Strong +32% interview lift
Without
With
+32.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
50 currently pending
Career history
567
Total Applications
across all art units

Statute-Specific Performance

§103
85.9%
+45.9% vs TC avg
§102
7.2%
-32.8% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 492 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment The Amendment filed 3/24/2026 has been entered. Claims 1-4, 7-12 and 15-20 remain pending in the application. Claims 5-6 and 13-14 were cancelled. Claim Objections Claim 1, 7, 15 and 16 are objected to because of the following informalities: Regarding claim 1, line 18, “the correction” should be “a correction” for clarity. And “a correction” in line 5 of claim 7 should be change into “the correction”, same issues for claims 15-16. Regarding claim 7, “the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material” should be deleted, since claim 1 already include the same subject matter. Same issues for clam 15. Appropriate correction is required. 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. Claims 1-3, 7-11 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Finnsson (US 20170135357 A1) in view of Weber (US 20120198974 A1) and Voelkl (US 20210354325 A1). Regarding claim 1, Finnsson teaches a cutting device (see Figure 12 for claim 2, see Figure 5 for claim 3), comprising a frame body, wherein the frame body is provided with (paragraph 0035): a conveying assembly (503 for claim 2, 603 for claim 3), the conveying assembly comprising a feeding end (left end, see Figure 12 for claim 2, see Figure 5 back side of the arrow for claim 3), a discharging end (right end, see Figure 12, see Figure 5 direction of the arrow for claim 3), and an avoidance position (between 531 and 533 for claim 2, 635 for claim 3) provided between the feeding end and the discharging end, and the conveying assembly being constructed to convey a material from the feeding end to the discharging end (see Figure 12 and Figure 5); and a cutting assembly (500 for claim 2, 600 for claim 3), the cutting assembly comprising a cutter (501 for claim 2 and 601 for claim 3), and the cutter being constructed to be capable of moving towards the conveying assembly to the avoidance position (see Figures 5-11). Finnsson fails to teach the cutting device further comprises: a weighing unit, the weighing unit being configured to acquire weight data T of the material; and a measuring unit, the measuring unit being configured to at least acquire length data L of the material, a control system, the control system being configured to: perform calculation according to a preset algorithm based on the weight data T, the length data L, and a single target standard weight T' and a correction factor preset for the material, to obtain a single target length L' for cutting the material, and adjust, based on the single target length L', a relative movement speed of the conveying assembly and the cutting assembly, the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material. Weber teaches the cutting device further comprises: a weighing unit (21), the weighing unit being configured to acquire weight data T of the material (see Figure 1); and a measuring unit (17), the measuring unit being configured to at least acquire length data L of the material (see Figure 1), a control system (as modified, 514 with the calculation of Weber, see Figure 2 and paragraphs 0040-0041 of Weber), the control system being configured to: perform calculation according to a preset algorithm based on the weight data T, the length data L, and a single target standard weight T' and a correction factor preset for the material, to obtain a single target length L' for cutting the material, and adjust, based on the single target length L', a relative movement speed of the conveying assembly and the cutting assembly (see Figure 2 and paragraphs 0040-0041 of Weber). It would have been obvious to one of ordinary skill in the art to modify the device of Finnsson to add/change scanning system into a scanning and weighting system with the control system, as taught Weber, in order to better analysis the material being cut (abstract of Weber). Voelkl teaches a slicing machine with calculation system for the slices (abstract), which includes the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material (paragraph 0092-0093). It would have been obvious to one of ordinary skill in the art to modify the device of modified Finnsson to add the correction factor X, as taught by Voelkl, in order to generate better calculation (paragraph 0092-0093 of Voelkl). Regarding claim 2, modified Finnsson further teaches the conveying assembly comprises a bearing surface for bearing the material (surface of 503), and the avoidance position is constructed as a groove-shaped structure lower than the bearing surface (groove in between 533 and 531); and the conveying assembly further comprises: a conveyor belt, the conveyor belt being bent to form the avoidance position; a first limit roller (533 and 531), the first limit roller being provided on both sides of an opening of the avoidance position and located on an inner side of the conveyor belt; and a second limit roller (532), the second limit roller being provided at a groove bottom of the avoidance position and located on an outer side of the conveyor belt (see Figure 12 of Finnsson). Regarding claim 3, modified Finnsson further teaches the cutting assembly further comprises a cutter holder (636) connected to the frame body (like the example in Figure 5), and the cutter being guided to fit on the cutter holder (see Figure 5 of Finnsson); and the cutting assembly further comprises a transmission mechanism (631) and a second driving mechanism (634), the second driving mechanism driving the cutter to move through the transmission mechanism (see Figures 5-10 of Finnsson). Regarding claim 7, modified Finnsson further teaches acquiring weight data T and length data L of a material; performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' (as modified by Weber, see Figure 2 and paragraphs 0040-0041 of Weber); and sending the single target length L' to the cutting device, and controlling the cutting device to cut the material into a finished product having a length of the single target length L' (see Figure 2 and paragraphs 0040-0041 of Weber), the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material (paragraph 0092-0093 of Voelkl). Regarding claim 8, modified Finnsson further teaches the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material; and the performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' comprises: determining a weight ratio based on the preset single target standard weight T' and the weight data T; determining a correction difference based on the weight ratio and the quantity correction factor X; and obtaining the single target length L' based on the correction difference and the length data (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 9, modified Finnsson further teaches obtaining profile data of the material, the profile data comprising radial dimension data of the material (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 10, modified Finnsson further teaches the correction factor comprises a quantity correction factor X and a length correction factor Y, the quantity correction factor X being a quantity of finished products that allows for loss of the material, and the length correction factor Y being negatively correlated with a radial dimension of the profile data of the material; and correspondingly, the performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' comprises: determining a weight ratio based on the preset single target standard weight T' and the weight data T; determining a correction difference based on the weight ratio and the quantity correction factor X (paragraph 0092-0093 of Voelkl); determining a correction ratio based on the correction difference and the length data L; and obtaining a single target length L' based on the correction ratio and the length correction factor Y (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 11, modified Finnsson further teaches the cutting assembly further (for this claim, use the cutting system of Figure 5 with the conveyor of Figure 12, also see the compatibility of the system between embodiment, see paragraph 0077) comprises a cutter holder (636) connected to the frame body (like the example in Figure 5), and the cutter being guided to fit on the cutter holder (see Figure 5); and the cutting assembly further comprises a transmission mechanism (631) and a second driving mechanism (634), the second driving mechanism driving the cutter to move through the transmission mechanism (see Figures 5-10 of Finnsson). Regarding claim 15, modified Finnsson further teaches acquiring weight data T and length data L of a material; performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' (see Figure 2 and paragraphs 0040-0041 of Weber); and sending the single target length L' to the cutting device, and controlling the cutting device to cut the material into a finished product having a length of the single target length L' (see Figure 2 and paragraphs 0040-0041 of Weber), the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material (paragraph 0092-0093 of Voelkl). Regarding claim 16, modified Finnsson further teaches the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material; and the performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' comprises: determining a weight ratio based on the preset single target standard weight T' and the weight data T; determining a correction difference based on the weight ratio and the quantity correction factor X; and obtaining the single target length L' based on the correction difference and the length data L (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 17, modified Finnsson further teaches obtaining profile data of the material, the profile data comprising radial dimension data of the material (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 18, modified Finnsson further teaches the correction factor comprises a quantity correction factor X and a length correction factor Y, the quantity correction factor X being a quantity of finished products that allows for loss of the material, and the length correction factor Y being negatively correlated with a radial dimension of the profile data of the material; and correspondingly, the performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' comprises: determining a weight ratio based on the preset single target standard weight T' and the weight data T; determining a correction difference based on the weight ratio and the quantity correction factor X; determining a correction ratio based on the correction difference and the length data L; and obtaining a single target length L' based on the correction ratio and the length correction factor Y (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 19, modified Finnsson further teaches acquiring weight data T and length data L of a material; performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L'; and sending the single target length L' to the cutting device (see Figure 2 and paragraphs 0040-0041 of Weber), and controlling the cutting device to cut the material into a finished product having a length of the single target length L' (see Figure 2 and paragraphs 0040-0041 of Weber). Regarding claim 20, modified Finnsson further teaches the correction factor comprises a quantity correction factor X, the quantity correction factor X being a quantity of finished products that allows for loss of the material; and the performing calculation through a preset algorithm based on a preset single target standard weight T' and a correction factor, the weight data T, and the length data L, to obtain a single target length L' comprises: determining a weight ratio based on the preset single target standard weight T' and the weight data T; determining a correction difference based on the weight ratio and the quantity correction factor X; and obtaining the single target length L' based on the correction difference and the length data L (see Figure 2 and paragraphs 0040-0041 of Weber). Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Finnsson (US 20170135357 A1) in view of Weber (US 20120198974 A1) and Voelkl (US 20210354325 A1) and in further view of Meyer (US 3771403). Regarding claims 4 and 12, modified Finnsson teaches all elements of the current invention as set forth in claims 3 and 11 above. Modified Finnsson fails to teach the transmission mechanism comprises: a transmission shaft, a first cam and a second cam fixedly connected to two ends of the transmission shaft respectively, and further comprises a first connecting rod and a second connecting rod; one end of the first connecting rod being connected to the first cam, and the other end of the first connecting rod being connected to the cutter; one end of the second connecting rod being connected to the second cam, and the other end of the second connecting rod being connected to the cutter; and the transmission shaft being configured to drive the first connecting rod and the second connecting rod to move synchronously through the first cam and the second cam, thereby driving the cutter to move. Meyer teaches a cutting including a transmission shaft (24), a first cam (left 26) and a second cam (right 26) fixedly connected to two ends of the transmission shaft respectively, and further comprises a first connecting rod (28) and a second connecting rod (other 28); one end of the first connecting rod being connected to the first cam (see Figure 1-3), and the other end of the first connecting rod being connected to the cutter (see Figure 1-3); one end of the second connecting rod being connected to the second cam (see Figure 1-3), and the other end of the second connecting rod being connected to the cutter (see Figure 1-3); and the transmission shaft being configured to drive the first connecting rod and the second connecting rod to move synchronously through the first cam and the second cam, thereby driving the cutter to move (see Figure 1-3). It would have been obvious to one of ordinary skill in the art to modify the device of Finnsson to change the cutting assembly, as taught by Meyer, in order to provide a cheap cost cutter unit (col. 1 line 48-55 of Meyer). Response to Arguments Applicant's arguments filed 3/24/2026 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim(s) 1-4, 7-12 and 15-20 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 LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashley Boyer 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LIANG DONG/Examiner, Art Unit 3724 4/30/2026
Read full office action

Prosecution Timeline

Apr 25, 2024
Application Filed
Jan 07, 2026
Non-Final Rejection mailed — §103
Mar 24, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §103
Jul 02, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
52%
Grant Probability
85%
With Interview (+32.3%)
2y 11m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 492 resolved cases by this examiner. Grant probability derived from career allowance rate.

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