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 § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-11, 18-22, 25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SAKURAZAWA (JP 11-290219).
SAKURAZAWA discloses in reference to claim:
1. (Currently Amended) An apparatus for removing excess oil from a plurality of food items each having a side periphery and a face extending between the side periphery, comprising:
a plurality of sequential air permeable receptacles 2 of a conveyor 6 for respectively receiving the plurality of food items 1,
the conveyor 6 being advanceable in a direction of travel; and
a blower 11 having a nozzle 13 for providing a stream of air;
characterized in that each of the plurality of receptacles 2having a side surface for supporting the respective food item resting on its side periphery (shaded area) when the respective food item has been received by the respective receptacle 2; and
the nozzle 13 being positioned above the conveyor 6 for directing the stream of air downwardly toward: the side periphery (see shaded area of fig. 3) and across the face of the plurality of food items (see arrows in annotated fig. 2) traveling under the nozzle to remove excess oil from the plurality of food items.
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2. (Previously Presented) The apparatus of Claim 1, wherein each of the plurality of receptacles 2 have a side surface for supporting the respective food item 1 so that the periphery of the food item is inclined at a right angle relative to the direction of travel. See Figure 3, SAKURAZAWA also discloses the containers having side surfaces which are suitable for supporting the respective food item on its periphery: depending on the dimensions and size of the food item, this may be in a right angle.
3. (Currently Amended) The apparatus of Claim 1, wherein each of the plurality of receptacles has a side surface for supporting respective food items selected from the group consisting of discoidal in shape, thin strips and thin slices. See Figure 3 showing thin strips
4. (Previously Presented) The apparatus of Claim 1, wherein each of the plurality of receptacles is inclined at an angle relative to the direction of travel. See Figure 3 and Figure 2 showing the receptacle inclined with respect to the travel direction of the conveyor.
[AltContent: rect]
5. (Previously Presented) The apparatus of Claim 4, wherein each of the plurality of receptacles is inclined at a right angle relative to the direction of travel. See Figure 3 and Figure 2 showing the receptacle inclined with respect to the travel direction of the conveyor.
8. (Original) The apparatus of Claim 1, wherein the conveyor has a width and the nozzle has a width approximating the width of the conveyor. See Figure 3 and Figure 2 showing the conveyed receptacle and nozzle having substantially the same width.
9. (Original) The apparatus of Claim 1, wherein each of the plurality of receptacles has a depth an the nozzle has a depth at least approximating the depth of each of the plurality of receptacles. See Figure 3 and Figure 2 showing the receptacle and nozzle having substantially the same depth.
10. (Previously Presented) The apparatus of Claim 1, wherein each of the plurality of receptacles 2 is configured to respectively receive the plurality of food items free of compressive forces that would damage the plurality of food items. See Figure 3
11. (Previously Presented) The apparatus of Claim 1, wherein each of the plurality of receptacles has a space for receiving a food item, the space having a width, length and depth, the width and length of the space each being larger than the depth of the space for receiving the food item. See Figure 3
18. (New) The apparatus of Claim 1, wherein the nozzle is positioned above the conveyor for directing the stream of air approximately parallel to the side periphery of each of the plurality of food items traveling under the nozzle to remove excess oil from the plurality of food items. Note that the nozzle disperses an air stream in multiple directions, at least one of which will be parallel to the side periphery of each of the plurality of food items traveling under the nozzle.
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19. (New) An apparatus for removing excess oil from a plurality of food items each having a side periphery and a face extending between the side periphery, comprising:
a plurality of sequential air permeable receptacles of a conveyor for respectively supporting one of the plurality of food items on its side periphery,
the conveyor being advanceable in a direction of travel;
a blower having a nozzle for providing a stream of air; and
the nozzle being positioned above the conveyor for directing the stream of air downwardly toward: the side periphery and across the face of each of the plurality of food items traveling under the nozzle to remove excess oil from the plurality of food items. See claim 1 , mutatis mutandis.
20. (New) The apparatus of Claim 19, wherein each of the plurality of receptacles 2 has a side surface for supporting the respective food item 1 on its side periphery at a right angle relative to the direction of travel. See claim 5 , mutatis mutandis.
21. (New) The apparatus of Claim 19, wherein each of the plurality of receptacles has a side surface for supporting the respective food item on its side periphery at an angle inclined relative to the direction of travel. See claim 4 , mutatis mutandis.
22. (New) The apparatus of Claim 19, wherein the plurality of sequential air permeable receptacles includes a plurality of sequential air permeable receptacles for respectively supporting one of the plurality of food items selected from the group consisting of food items discoidal in shape, thin strip food items and thin sliced food items. See claim 3 , mutatis mutandis.
25. (New) The apparatus of Claim 19, wherein the conveyor has a width and the nozzle has a width approximating the width of the conveyor. See claim 8 , mutatis mutandis.
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(s) 6-7, 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAKURAZAWA (JP 11-290219) in view of NISHIOKA (JP 9-206223).
SAKURAZAWA discloses the claimed invention as described above except in reference to claim:
6. (Original) The apparatus of Claim 1, further comprising an inlet duct disposed below the conveyor for receiving oil rich air from the plurality of food items and an oil removal means in communication with the inlet duct for removing oil from the oil rich air and providing cleaned air.
7. (Original) The apparatus of Claim 6, further comprising a transfer duct for transporting the cleaned air to the blower for reuse.
23. (New) The apparatus of Claim 19, further comprising an inlet duct disposed below the conveyo for receiving oil rich air from the plurality of food items and an oil removal means in communication with the inlet duct for removing oil from the oil rich air and providing cleaned air.
24. (New) The apparatus of Claim 23, further comprising a transfer duct for transporting the clean air to the blower for reuse.
NISHIOKA discloses a similar apparatus for clearing excess oil from food items including
"an apparatus for removing excess oil from a plurality of food items, each having a side periphery" (fig. 1, 2; claim 1) "comprising: [...] a conveyor for respectively receiving the plurality of food items" (fig. 1, 2 (1), claim 1), "the conveyor being advanceable in a direction of travel" (claim 1; fig. 1, arrow) "and a blower" (fig. 1 (61); § [0013] "having a nozzle for providing a stream of hot air" (fig. 1 (64)/(65); § [0013]); "the nozzle being positioned above the conveyor for directing the stream of hot air downwardly towards the side periphery of the plurality of food items traveling under the nozzle to remove
excess oil from the plurality of food items" (one of the upper nozzles). NISHIOKA further
discloses "an inlet duct disposed below the conveyor for receiving oil rich air from the plurality of food items" (fig. 1 (60); § [0013]) "and an oil removal means in communication with the inlet duct for removing oil from the oil rich air and providing cleaned air" (fig. 3: oil pan and indirect suction path serve for removal of oil from the air), further comprising a transfer duct 60 for transporting the cleaned air to the blower for reuse.
It would have been obvious to one of skill to modify the device of SAKURAZAWA to include the inlet duct disposed below the conveyor for receiving oil rich air from the plurality of food items and an oil removal means in communication with the inlet duct for removing oil from the oil rich air and providing cleaned air, and further a transfer duct for transporting the cleaned air to the blower for reuse, as a means of containing the oil within the device in a more manageable manner.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
txc
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